HSC statement - discussion of proposals for revised asbestos regulations

HSE press release C011:06 09 May 2006

The Health and Safety Commission today confirmed most of the proposals for revised asbestos regulations. The proposed amendments were the subject of a consultation at the end of last year and will strengthen overall worker protection by reducing exposure limits, simplify the regulatory regime and implement revisions to the EU Asbestos Worker Protection Directive.

The Commission will look at the complete package of draft regulations, Approved Code of Practice, guidance, training and enforcement at its meeting in July.

The Commission agreed:

• HSE's proposals on "sporadic and low intensity exposure"
• There should be a risk-based approach to the licensing of asbestos, with licensing reserved for high risk products and processes
• HSE will produce a paper for the Commission meeting in July on a wider range of issues around asbestos licensing and relative areas of risk which will inform the Commission's final decision on textured coatings containing asbestos (TCs). In the meantime HSE officials have been asked to draft the regulations on the working assumption that work with TCs will be delicensed.

The concept of "sporadic and low intensity exposure" is taken from the EU Directive, which requires Member States to lay down practical guidelines for its determination. The Commission agreed that if a peak exposure level of 0.6 fibres per cm 3 of air measured over a ten minute period could be exceeded then such work could not be considered to give rise to "sporadic and low intensity exposure". If a risk assessment demonstrates that this could be exceeded in a working day, then the work would have to be carried out under licensed conditions. This approach should remove any doubt over the meaning of the term but HSE will also set out the type of work that cannot be considered to give rise to sporadic and low intensity exposure in the Approved Code of Practice.

Notes to editors

1. The regulations will implement the 2003/18/EC amendment to the Asbestos Worker Protection Directive 83/477/EEC in 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 consultation closed on 31 January 2006. There were 504 responses, with considerable support for the majority of the proposals to tighten protection for those working with asbestos.

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