Revised asbestos rules coming in this month

Revised asbestos regulations come into force this month which aim to strengthen protection for workers, as well as simplify the overall regulatory regime by combining previous regulations and the requirements of the EU Asbestos Worker Protection Directive.

The Health and Safety Commission (HSC) confirmed that the Control of Asbestos Regulations 2006 would come into effect on 13 November. The rules will also reduce exposure limits and introduce mandatory training for work with asbestos.

Minister for health and safety, Lord Hunt of Kings Heath said: "These new provisions will help prevent around 6,500 occupational deaths from exposures to asbestos over the next 50 years.

"There is no doubt these regulations are a step forward in the protection of workers and that they will further strengthen controls to reduce future potential deaths from asbestos disease."

There will now be a single control limit of 0.1 fibres per cubic centimetres of air for work with all types of asbestos and specific mandatory training requirements for anyone liable to be exposed to asbestos.

Most work with asbestos will still need to be undertaken by a licensed contractor, but any decision on whether particular work is licensable will now be determined by "the risk".

Textured coatings

Controversially, under the new regulations most work with textured decorative coatings containing asbestos will be removed from the licensing regime.

Research carried out for the Health and Safety Executive (HSE) showed that levels of asbestos fibres released during work with such coatings was "much lower than previously thought and lower than the proposed new control limit when carried out using good practice."

However, all work with asbestos containing materials, including textured coatings must be undertaken by trained workers following a risk assessment and in accordance with appropriate controls to prevent exposure to asbestos fibres.

The revised regulations will also refocus protection onto maintenance workers - such as electricians, plumbers and decorators - who risk accidental or low intensity exposure to asbestos fibres.

A 'duty to manage' asbestos in buildings was introduced under regulation 4 of the Control of Asbestos at Work Regulations (2002). The revised regulations coming into effect this month incorporate this duty.

New publications

Dutyholders are those responsible for the maintenance and repair of non-domestic buildings, either through a contract or tenancy agreement, or because they own the building.

Key points for dutyholders, according to the HSE, include making and keeping a record of the location and condition of asbestos in buildings and informing anyone who may work there that the substance is present - particularly maintenance workers.

Further guidance on the duty to manage asbestos in premises can be found in the 'The Management of Asbestos in Non-Domestic Premises' ACoP.

More details of what work is licensable, what training is necessary and how to undertake work with asbestos containing materials can be found in the Approved Code of Practice (ACoP) 'Work with materials containing Asbestos'.

The HSC said the revised regulations, as well as the two ACoPs (from HSE Books) providing guidance on compliance, would be published on 13 November.