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Control of Asbestos at Work Regulations 2002

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Assessment of work which exposes employees to asbestos

6.  (1)  An employer shall not carry out work which is liable to expose his employees to asbestos unless he has—

(a)made a suitable and sufficient assessment of the risk created by that exposure to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations;

(b)recorded the significant findings of that risk assessment as soon as is practicable after the risk assessment is made; and

(c)implemented the steps referred to in sub-paragraph (a).

(2) Without prejudice to the generality of paragraph (1), the risk assessment shall—

(a)subject to regulation 5, identify the type of asbestos to which employees are liable to be exposed;

(b)determine the nature and degree of exposure which may occur in the course of the work;

(c)consider the effect of control measures which have been or will be taken in accordance with regulation 10;

(d)consider the results of monitoring of exposure in accordance with regulation 18;

(e)set out the steps to be taken to prevent that exposure or reduce it to the lowest level reasonably practicable;

(f)consider the results of relevant medical surveillance; and

(g)include such additional information as the employer may need in order to complete the risk assessment.

(3) The risk assessment shall be reviewed regularly and forthwith if—

(a)there is reason to suspect that the existing risk assessment is no longer valid;

(b)there is a significant change in the work to which the risk assessment relates; or

(c)the results of any monitoring carried out pursuant to regulation 18 show it to be necessary,

and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.

(4) Where, in accordance with the requirement in paragraph (2)(b), the risk assessment has determined that the exposure of his employees to asbestos may exceed the action level, the employer shall keep a copy of the significant findings of that risk assessment at those premises at which, and for such time as, the work to which that risk assessment relates is being carried out.

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