HSC consults on amendments to Asbestos Prohibition Regulations

HSC Press Release C054:02 - 20 December 2002

The Health and Safety Commission (HSC) is seeking people's views on possible changes to the Asbestos (Prohibition) Regulations 1992, in a consultative document (CD) it has published today.

These regulations prohibit the importation, supply and use of asbestos, and products containing asbestos. Currently, only materials where the asbestos has been added deliberately are subject to a ban when they are supplied and used in Britain. For imported products the ban applies to all materials containing asbestos, including cases where the material only includes a small amount as a naturally occurring contaminant.

This means that the importation of many minerals from areas where tiny amounts of asbestos are found in the bedrock is, currently, illegal, irrespective of the levels involved.

However the CD proposes that the importation ban be limited to asbestos products where the asbestos has been intentionally added. This will mean that the prohibition on imports will be the same as the prohibition on supply and use of these materials.

The CD also sets out the Health and Safety Executive's (HSE) long-term aim to introduce a limit on the amount of asbestos permitted within a material. This would prohibit the importation, supply and use of asbestos and materials containing more than a set proportion of asbestos, designed to prevent the use of minerals that contain sufficient quantities of asbestos to constitute a risk.

There are serious practical problems with introducing such a limit, including the difficulty of carrying out reliable testing to detect very low levels of asbestos in a material. However, HSE proposes to carry out development work to see whether the introduction of a limit is feasible and useful.

Whilst many manufacturers of mineral products already carry out comprehensive testing to prevent materials containing significant quantities of asbestos getting into the supply chain, HSE also proposes to undertake a publicity campaign to raise awareness of those minerals that could contain asbestos as a natural impurity.

Bill Macdonald, head of HSE's asbestos policy unit, said:

"This proposal will simplify matters so that requirements for the importation of asbestos-containing products will be the same as those for their supply and use. This consultation will also allow HSE to look at the long term viability of allowing importation, supply and use of such products only when they contain no more than a very limited proportion of asbestos."

Replies to the consultation should be sent to Helen Smart at HSE's asbestos policy unit by 28 February 2003.

Notes to editors

1.

The Asbestos (Prohibition) Regulations 1992 were amended in 1999 to extend the existing ban on the importation of asbestos to:

• Prohibit the importation of any product containing amphibole asbestos into the UK; and
• Prohibit the importation of chrysotile asbestos and any product containing chrysotile asbestos into the UK.

The regulations also extended the existing prohibition on the supply and use of products containing amphibole asbestos to those containing chrysotile.

2.

The amendments reflected widespread public concern about all forms of asbestos and disquiet about the risk of disease from chrysotile asbestos and the uncertainty concerning the exposure levels that might constitute a health risk. The changes were made in the light of scientific evidence confirmed by the Department of Health Committee on Carcinogens that the properly controlled use of the most commonly used substitute fibres posed less of a risk than the controlled use of chrysotile asbestos.

3.

It should be noted that general health and safety legislation applies to the importation, supply and use of asbestos:

• Section 6(4) of the Health and Safety at Work etc. Act 1974 creates an obligation on importers and suppliers to provide information on the risks of any substance to those further down the supply chain.
• Regulation 10 of the Control of Asbestos at Work Regulations 2002 (CAWR) requires that where employees may be exposed to asbestos, prevention of such exposure shall be achieved, either by using a substitute material which creates a lesser risk than that created by asbestos, or by taking suitable measures to protect employees from the risk of exposure.

These apply in addition to the prohibition of importation, supply and use in the 1992 regulations.

4.

There are at least 60 minerals that are known to have been associated with asbestos impurities. Not all sources of these materials will contain asbestos and the amount present will vary. Many of these can be used without a real risk being created. At present many producers and suppliers of minerals that may contain asbestos carry out extensive testing to check for its presence. These minerals may be used in a wide range of products further diluting the amount of asbestos present.

Copies of The proposal to amend the Asbestos (Prohibition) Regulations (1992) Consultative Document, CD 186, are available online at http://books.hse.gov.uk

Press enquiries

All enquiries from journalists should be directed to the HSE Press Office