HSC consultation on asbestos ends in two weeks

HSE press release C002:06 18 January 2006

The Health and Safety Commission (HSC) is today reminding the public and businesses that there are only two weeks left of the public consultation period on possible amendments to asbestos legislation. The consultation ends on 31 January 2006.

The draft package implements changes to the European asbestos worker protection directive and tightens statutory protections for those working with asbestos, by introducing a single, lower control limit for worker exposure to all types of asbestos and requiring specified training for all employees who are liable to be exposed to asbestos.

The consultation takes into account new research. This research shows that the risk from asbestos-containing textured decorative coatings is comparable to the risks from work with asbestos cement, something that already does not require a licence. It is proposed that work with such textured coatings will no longer require a licence.

Work with more deadly forms of asbestos materials will still require licencing.

While textured coatings do sometimes contain white asbestos, this is in very small amounts and it is bound in a matrix that does not readily release asbestos fibres when removed.

Further details of the changes can be found in the Consultation Document and the draft Regulations at www.hse.gov.uk/consult/live.htm.

Notes to editors

1 The regulations will implement the 2003/18/EC amendment to the Asbestos Worker Protection Directive 83/477/EECin Great Britain. They will also repeal and replace with a single set of regulations The Control of Asbestos at Work Regulations 2002, The Asbestos (Licensing) Regulations 1983, as amended and The Asbestos (Prohibitions) Regulations 1992 (Prohibitions Regulations), as amended.

2 The proposed regulations suggest a single, lower 'Control Limit' of 0.1 fibres per cm 3 of air for all types of asbestos, measured over four hours and the Approved Code of Practice (ACoP) recommends a maximum peak level exposure of 0.6f/cm 3 over ten minutes. This tightens the current limits.

3 The EU Directive states that when the work undertaken is deemed to be 'sporadic and low intensity', the employer need not notify the enforcing authority and carry out medical surveillance of employees. In Great Britain it is proposed that work requiring notification and medical surveillance will solely be carried out under the licensing regime. Therefore, work that is 'sporadic and low intensity' will not be in the scope of the licencing regime. Other controls to prevent exposure to asbestos fibres will continue to apply. The ACoP specifies in detail the type of work that will require licencing.

4 A summary of the research carried out into asbestos exposure levels related to textured coatings can be found on page 11 of the Consultative Document, with further detail provided in Annex E(ii). The complete research report can be accessed at www.hse.gov.uk/research/hsl/workenvn.htm

5 A key element of HSE's work to reduce asbestos exposure is the 'duty to manage',that came into force on 21 May 2004 as part of the Control of Asbestos at Work Regulations 2002 (CAWR). The duty is based on the principles of assessing and managing risk to protect workers and members of the public. It requires duty holders to find out whether their premises contain or may contain asbestos, to assess the risk from such materials, and take action to manage that risk.

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