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The Control of Asbestos Regulations 2006

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Regulation 9(1)

SCHEDULE 1PARTICULARS TO BE INCLUDED IN A NOTIFICATION

The following particulars are to be included in a notification made in accordance with regulation 9(1), namely—

(a)the name and address of the notifier and the address and telephone number of his usual place of business;

(b)a brief description of—

(i)the location of the work site,

(ii)the types of asbestos to be used or handled (classified in accordance with regulation 2),

(iii)the maximum quantity of asbestos of each type to be held at any one time at the premises at which the work is to take place,

(iv)the activities and processes involved,

(v)the number of workers involved, and

(vi)the measures taken to limit the exposure of employees to asbestos, and

(c)the date of the commencement of the work and its expected duration.

Regulations 14(4), 24(2) and (3) and 30(1) and (2)

SCHEDULE 2THE LABELLING OF RAW ASBESTOS, ASBESTOS WASTE AND PRODUCTS CONTAINING ASBESTOS

1.—(1) Subject to sub-paragraphs (2) and (3) of this paragraph, the label to be used on—

(a)raw asbestos (together with the labelling required under the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002(1) and the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(2));

(b)asbestos waste, when required to be so labelled by regulation 24(3); and

(c)products containing asbestos, including used protective clothing to which regulation 14(2) applies,

shall be in the form and in the colours of the following diagram and shall comply with the specifications set out in paragraphs 2 and 3.

   

(2) In the case of a product containing crocidolite, the words “contains asbestos” shown in the diagram shall be replaced by the words “contains crocidolite/blue asbestos”.

(3) Where the label is printed directly onto a product, a single colour contrasting with the background colour may be used.

2.  The dimensions in millimetres of the label referred to in paragraph 1(1) shall be those shown on the diagram in that paragraph, except that larger measurements may be used, but in that case the dimension indicated as h on the diagram shall be 40% of the dimension indicated as H.

3.  The label shall be clearly and indelibly printed so that the words in the lower half of the label can be easily read, and those words shall be printed in black or white.

4.—(1) Where a product containing asbestos may undergo processing or finishing it shall bear a label containing safety instructions appropriate to the particular product and in particular the following instructions—

“operate if possible out of doors in a well-ventilated place”;

“preferably use hand tools or low speed tools equipped, if necessary, with an appropriate dust extraction facility. If high speed tools are used, they should always be so equipped”;

“if possible, dampen before cutting or drilling”; and

“dampen dust, place it in a properly closed receptacle and dispose of it safely”.

(2) Additional safety information given on a label shall not detract from or contradict the safety information given in accordance with sub-paragraph (1).

5.—(1) Labelling of packaged and unpackaged products containing asbestos in accordance with the foregoing paragraphs shall be effected by means of—

(a)an adhesive label firmly affixed to the product or its packaging, as the case may be;

(b)a tie-on label firmly attached to the product or its packaging, as the case may be; or

(c)direct printing onto the product or its packaging, as the case may be.

(2) Where, in the case of an unpackaged product containing asbestos, it is not reasonably practicable to comply with the provisions of sub-paragraph (1) the label shall be printed on a suitable sheet accompanying the product.

(3) Labelling of raw asbestos and asbestos waste shall be effected in accordance with sub-paragraph (1)(a) or (c).

(4) For the purposes of this Schedule but subject to sub-paragraph (5), a product supplied in loose plastic or other similar wrapping (including plastic and paper bags) but no other packaging, shall be treated as being supplied in a package whether the product is placed in such wrapping at the time of its supply or was already so wrapped previously.

(5) No wrapping in which a product is placed at the time of its supply shall be regarded as packaging if any product contained in it is labelled in accordance with the requirements of this Schedule or any other packaging in which that product is contained is so labelled.

Regulations 26(4), 27(2), 28(3) and 29(6)

SCHEDULE 3EXCEPTIONS TO THE PROHIBITIONS ON THE IMPORTATION, SUPPLY AND USE OF CHRYSOTILE

1.  Regulations 27(1), 28(1) and 29(1) shall not apply to brake linings within the meaning of the Road Vehicles (Brake Linings Safety) Regulations 1999(3).

2.  Where it is not practicable for an employer to substitute for chrysotile a substance which, under the conditions of its use, does not create a risk to the health of his employees or creates a lesser risk than that created by chrysotile, regulations 26(3), 27(1), 28(1) and 29(1) shall not apply to—

(a)Diaphragms for use in electrolytic cells in existing electrolysis plants for chlor-alkali manufacture;

(b)chrysotile, or products to which chrysotile has intentionally been added, required solely for the manufacture of the products described in sub-paragraph (a).

3.  Regulation 27(1) shall not apply to receptacles used for the storage of acetylene gas under pressure and in use before 24th November 1999.

Regulation 36(1)

SCHEDULE 4REVOCATIONS

Instruments revokedReferencesExtent of revocation
The Asbestos (Licensing) Regulations 1983S.I. 1983/1649The whole Regulations

The Personal Protective Equipment at Work Regulations 1992

S.I. 1992/2966

Schedule 2 Part VII

The Asbestos (Prohibitions) Regulations 1992

S.I. 1992/3067

The whole Regulations

The Asbestos (Licensing) (Amendment) Regulations 1998

S.I. 1998/3233

The whole Regulations

The Asbestos (Prohibitions) (Amendment) Regulations 1999

S.I. 1999/2373

The whole Regulations

The Asbestos (Prohibitions) (Amendment) (No. 2) Regulations 1999

S.I. 1999/2977

The whole Regulations

The Control of Asbestos at Work Regulations 2002

S.I. 2002/2675

The whole Regulations

The Asbestos (Prohibitions) (Amendment) Regulations 2003

S.I. 2003/1889

The whole Regulations

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

S.I. 2004/568

Schedule 13 paragraph 12

The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004

S.I. 2004/3168

Article 63

The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005

S.I. 2005/2929

Article 73

The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No 2) Order 2005

S.S.I. 2005/344

Schedule 1 Part 1 paragraph 26

Regulation 36(2)

SCHEDULE 5AMENDMENTS

Instruments amendedReferencesAmendments to have effect
The Personal Protective Equipment at Work Regulations 1992S.I. 1992/2966In regulation 3(3)(c) for the words “the Control of Asbestos at Work Regulations 1987” substitute “the Control of Asbestos Regulations 2006”

The Health and Safety (Enforcing Authority) Regulations 1998

S.I. 1998/494

In Schedule 2 paragraph 4A for the words “the Control of Asbestos at Work Regulations 2002” substitute “the Control of Asbestos Regulations 2006”

The Provision and Use of Work Equipment Regulations 1998

S.I. 1998/2306

In regulation 12(5)(b) for the reference to the Control of Asbestos at Work Regulations 1987 substitute a reference to these Regulations

The Control of Substances Hazardous to Health Regulations 2002

S.I. 2002/2677

In regulation 5(1)(a)(iii) for the words “the Control of Asbestos at Work Regulations 2002” substitute “the Control of Asbestos Regulations 2006”

The Fur Farming (Compensation Scheme) (England) Order 2004

S.I. 2004/1964

In Schedule 6 Part 6 paragraph 14(a)(i) and (ii) after the words “the Asbestos (Prohibitions) Regulations 1992” insert in each case the words “or, from 13th November 2006, by Part 3 of the Control of Asbestos Regulations 2006”

The Health and Safety (Fees) Regulations 2006

S.I. 2006/336

In the heading to regulation 5 for the words “the Asbestos (Licensing) Regulations 1983” substitute “regulation 8 of the Control of Asbestos Regulations 2006”.

In regulation 5(1) for the words “the Asbestos (Licensing) Regulations 1983(4) (“the 1983 Regulations”)” substitute “regulation 8 of the Control of Asbestos Regulations 2006 (“the 2006 Regulations”)”

In regulation 5(3) for the words “the 1983 Regulations” substitute “regulation 8 of the 2006 Regulations”

In regulation 5(5) and (7) for the words “the 1983 Regulations” insert on each occasion the words “the Asbestos (Licensing) Regulations 1983 or regulation 8 of the 2006 Regulations”

In regulation 6(3) for the words “the Control of Asbestos at Work Regulations 2002(5)” substitute “the Control of Asbestos Regulations 2006”

In the heading to Schedule 4 for the words “the Asbestos (Licensing) Regulations 1983” substitute “regulation 8 of the Control of Asbestos Regulations 2006”.

In Schedule 4 Table 1 column 1 after the words “work with asbestos” delete the words “insulation or asbestos coating or asbestos insulating board”

In Schedule 5 row (b) columns 1 and 2 for the reference to the Control of Asbestos at Work Regulations 2002 substitute a reference to these Regulations

The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006

S.I. 2006/557

In regulation 4(5) for the words “the Asbestos (Licensing) Regulations 1983” substitute “the Control of Asbestos Regulations 2006” and for the words “regulation 4” substitute “regulation 8”

(1)

S.I. 2002/1689, as amended by S.I. 2004/568.

(2)

S.I. 2004/568, as amended by S.I. 2005/1732.

(3)

S.I. 1999/2978, as amended by S.I. 2003/3314.

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