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The Control of Asbestos Regulations 2012

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Regulation 9

SCHEDULE 1Particulars to be included in a notification

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

(a)the name of the notifier and the address and telephone number of that notifier’s usual place of business;

(b)a brief description of—

(i)the location of the work site,

(ii)the type and quantities of asbestos to be used or handled,

(iii)the activities and processes involved,

(iv)the number of workers involved, and

(v)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 27

SCHEDULE 2Appendix 7 to Annex XVII of the REACH Regulation – special provisions on the labelling of articles containing asbestos

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

(a)raw asbestos (together with the labelling required under the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009(1) and the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009(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(4) applies,

must be in the form and in the colours of the following diagram and must 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 must 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 must 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 must be 40% of the dimension indicated as H.

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

4.  (1)  Where a product containing asbestos may undergo processing or finishing it must 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 must 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 must be effected by means of—

(a)an adhesive label firmly affixed to the product or its packaging;

(b)a tie-on label firmly attached to the product or its packaging; or

(c)direct printing onto the product or its packaging.

(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 must be printed on a suitable sheet accompanying the product.

(3) Labelling of raw asbestos and asbestos waste must 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 must 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.

Regulation 33(2)

SCHEDULE 3Amendments

Instruments amendedReferencesAmendments to have effect
The Personal Protective Equipment at Work Regulations 1992SI 1992/2966In regulation 3(3)(c) for the words “the Control of Asbestos Regulations 2006” substitute “the Control of Asbestos Regulations 2012”
The Health and Safety (Enforcing Authority) Regulations 1998SI 1998/494In Schedule 2 paragraph 4A substitute the reference in paragraph 4(a)(iii) to “a physically segregated area does not include an area segregated only in order to prevent the escape of asbestos; and in this paragraph “asbestos” has the meaning assigned to it by regulation 2(1) of the Control of Asbestos Regulations 2012”
The Provision and Use of Work Equipment Regulations 1998SI 1998/2306In regulation 12(5)(b) for the words “the Control of Asbestos Regulations 2006” substitute “the Control of Asbestos Regulations 2012”
The Control of Substances Hazardous to Health Regulations 2002SI 2002/2677In regulation 5(1)(a)(iii) for the words “the Control of Asbestos Regulations 2006” substitute “the Control of Asbestos Regulations 2012”
The Fur Farming (Compensation Scheme)(England) Order 2004SI 2004/1964In Schedule 6 Part 6 paragraph 14(a)(i) and (ii) after the Control of Asbestos Regulations 2006” insert in each case from 6th April 2012, “the Control of Asbestos Regulations 2012”
The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006SI 2006/557In regulation 4(5) for the words “the Control of Asbestos Regulations 2006” substitute “the Control of Asbestos Regulations 2012”
The Construction (Design and Management) Regulations 2007SI 2007/320In regulation 17(1) for the words “the Control of Asbestos Regulations 2006” substitute “the Control of Asbestos Regulations 2012”
The REACH Enforcement Regulations 2008SI 2008/2852In Schedule 3 paragraph 2(b) for the words “the Control of Asbestos Regulations 2006” substitute “the Control of Asbestos Regulations 2012”
The Merchant Shipping and Fishing Vessels (Health and Safety at Work)(Asbestos) Regulations 2010SI 2010/2984In regulation 4(4) for the words “the Control of Asbestos Regulations 2006” substitute “the Control of Asbestos Regulations 2012”
(1)

S.I. 2009/716, as amended by S.I. 2011/2131.

(2)

S.I. 2009/1348, as amended by S.I. 2011/1885.

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