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Asbestos and the Law

The regulations which contain and control asbestos use and dangers.

The control of Asbestos at work Regulations 2002 require employers to prevent exposure of employees to asbestos. If this is not reasonably practicable the law says their exposure should be controlled to the lowest possible level. Before any work with asbestos is carried out, the regulations require employers to make an assessment of the likely exposure of employees to asbestos dust. The assessment should include a description of the precautions to be taken to control dust release and to protect workers and others who may be affected by that work. If you are employing a contractor to work on your premises make sure that either the work will not lead to asbestos exposures or that the contractor has carried out this assessment and identified work practices to reduce exposures.

The Asbestos (Licensing) Regulations 1983 (as amended) require that a contractor doing more than one hour’s work per week with asbestos insulation, asbestos coating or asbestos insulation board and not over two hours on a single job, must hold a licence issued by the HSE. But in view of the high exposures with this type of work HSE recommends that you use a licensed contractor for prolonged work involving ACM. You will be able to get a list of HSE licensed contractors in you area from you local HSE office.

The Asbestos (Prohibitions) Regulations 2002 (as amended) ban the importation into the United Kingdom, and the supply and new use within Great Britain, of all products containing asbestos. They also ban the second-hand use of asbestos building materials which are not part of an existing building being taken down and put up again within the same premises.

The construction (Design and Management) Regulations 1994 (CDM) require the client to provide the planning supervisor with information about the project which is relevant to health and safety. This information might, for instance, include previous surveys of the building for asbestos. Not all projects come within the scope of these building regulations.

The Health and Safety at Work Act 1974 requires you to protect the health and safety of people who might be affected by your undertaking, whether they work for you or not. The Management of Health and Safety art Work Regulations 1999 expand on these duties by requiring employers to assess risks to the health and safety of employees and others who might work on their premises, to identify what measures are needed to protect them. Employers must then make appropriate arrangements to put in place the necessary preventive or protective measures.

The Health and Safety (Safety Signs and Signals) Regulations 1996 require that suitable warning signs are put in place if there are no other appropriate preventive or protective measures.