The Control of Asbestos at Work (Amendment) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Control of Asbestos at Work Regulations 1987 (“the 1987 Regulations”).

2.  Regulation 2, and the Schedule to these Regulations, amend the 1987 Regulations in that they–

(a) amend the definitions of action level and control limit (paragraph 1 of the Schedule);

(b) extend their application to all employees exposed to asbestos (whether or not they are working with asbestos or any product containing asbestos) (paragraphs 2, 10(a), 11 and 12 of the Schedule);

(c) modify the application to the fire service of regulation 13(1) (cleanliness of premises and plant) (paragraph 3 of the Schedule);

(d) require employers to keep a copy of their risk assessment and plan of work at the place to which they relate and while the work to which they relate is being carried out, and to ensure that, so far as is reasonably practicable, the work is carried out in accordance with the plan (paragraphs 4 and 5 of the Schedule);

(e) reduce to 14 days the period for advance notification to the enforcing authority of work with asbestos (paragraph 6 of the Schedule);

(f) require employers to examine and test respiratory protective equipment (paragraph 9 of the Schedule);

(g) require employers carrying out air monitoring to comply with, or to use a laboratory that complies with, European Standard EN 45001 (paragraph 13 of the Schedule); and

(h) introduce a defence in proceedings for contravention of the Regulations (paragraph 17 of the Schedule).

3.  European Standard EN 45001, “General criteria for the operation of testing laboratories” accepted by CEN/CENELEC on 23rd June 1989 (reference number EN 45001: 1989 E) can be obtained from the joint European Standards Institution, Central Secretariat, rue Bréderode 2, B-1000 Brussels, Belgium.

4.  A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. Copies have been placed in the Library of each House of Parliament.