Consultation on proposals for revised Asbestos Regulations and an Approved Code of Practice (ACoP) closed on 31st January 2006. A brief summary of the responses received and the action taken following consultation are detailed below.
There was substantial support for the majority of the proposals and a general recognition that the proposals would tighten protection for all those who work with asbestos containing materials. There was also substantial support for the proposal for a single set of Regulations and a single ACoP on work with asbestos.
However, there were concerns raised about two of the proposals - those to:
The main concerns were:
A full summary of the responses to each of the questions posed in the CD [51KB]
In February 2006, the research, which provided evidence for the proposal in the CD to remove TCs from the licensing regime, was peer reviewed by the independent Working Group on Action To Control Chemicals (WATCH). The research, using standard controlled removal (wetting, air extraction) techniques, had demonstrated that the upper end of the range of potential exposures that could arise for employees engaged in the removal of textured decorative coatings was 0.08 f/cm3, which was below the proposed control limit of 0.1 f/cm3. The research, published by the Health and Safety Laboratories (HSL) during 2005, can be found below:
The WATCH review concluded that:
Further details of WATCH’s peer review can be found below:
Also, in response to early comments about the research received during consultation, HSE commissioned HSL to carry out further measurements of airborne asbestos fibre concentrations during the removal of TCs. The results of this further research is available below:
The main conclusions were:
This research confirmed the view that the risks from TCs were much lower than previously thought; were much less than for other licensed materials; and were comparable with risks from work with asbestos cement, which did not require a licence
The Health and Safety Commission (HSC) met on 9th May to consider the results of consultation and to agree the way forward with the legislative package. After the meeting on 9 th May, HSC issued a statement on the outcome of their discussions. They said that they would look at the complete package of draft regulations, ACoP, guidance, training and enforcement in July. They would do this in the context of a wider consideration of issues around asbestos licensing and relative areas of risk in order to inform their final decision on the removal of work with textured decorative coatings from the licensing regime.
They agreed that licensing should be risk-based and asked officials to prepare a paper setting out the relative risks of different asbestos materials.
HSC agreed the definition of sporadic and low intensity exposure as the concentration asbestos in the air not exceeding or being liable to exceed 0.6 fibres per cm3 in the air measured over a ten-minute period.
The Commission asked that officials should develop the package on the assumption that TCs would be delicensed but that did not imply any commitment to that action.
The paper (HSC/06/55) and the minutes of the meeting can be found below:
HSC considered more evidence of the relative risks from different materials containing asbestos on 4 th July 2006. HSC agreed that the definition of "sporadic and low intensity exposure" should be included in the Regulations and that the Regulations should allow HSC to set the exposure levels which determine whether work falls within this category or not.
The paper (HSC/06/55) and its annexes can be found below:
HSC considered final proposals for the Control of Asbestos Regulations 2006 on 25th July 2006 and subsequently informed Ministers that it recommended approval of the Regulations. HSC also approved two ACoPs to provide guidance on compliance with the Regulations.
HSC noted that, although there were concerns from some stakeholders about the removal of TCs from the licensing regime, it believed that, overall, the proposed Regulations significantly tighten the controls on working with asbestos materials. HSC was assured that there would be adequate enforcement of the new regime and asked HSE to monitor implementation of the Regulations and to bring any concerns about TCs to the Commission’s attention.
Removal from the licensing regime does not mean that work with TCs is safe. All work with asbestos, whether licensed or not, must be carried out by trained, competent people in accordance with a plan of work and using proper controls to prevent exposure to and spread of asbestos fibres.
The paper (HSC/06/56), its annexes (which include the Regulations and ACoP) and the minutes of the meeting and a press release can be found below:
