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STATUTORY INSTRUMENTS


2006 No. 2739

HEALTH AND SAFETY

The Control of Asbestos Regulations 2006

  Made 12th October 2006 
  Laid before Parliament 20th October 2006 
  Coming into force in accordance with regulation 1


CONTENTS


PART 1

PRELIMINARY
1. Citation and Commencement
2. Interpretation
3. Application of these Regulations

PART 2

GENERAL REQUIREMENTS
4. Duty to manage asbestos in non-domestic premises
5. Identification of the presence of asbestos
6. Assessment of work which exposes employees to asbestos
7. Plans of work
8. Licensing of work with asbestos
9. Notification of work with asbestos
10. Information, instruction and training
11. Prevention or reduction of exposure to asbestos
12. Use of control measures etc.
13. Maintenance of control measures etc.
14. Provision and cleaning of protective clothing
15. Arrangements to deal with accidents, incidents and emergencies
16. Duty to prevent or reduce the spread of asbestos
17. Cleanliness of premises and plant
18. Designated Areas
19. Air Monitoring
20. Standards for air testing and site clearance certification
21. Standards for analysis
22. Health records and medical surveillance
23. Washing and changing facilities
24. Storage, distribution and labelling of raw asbestos and asbestos waste

PART 3

PROHIBITIONS AND RELATED PROVISIONS
25. Interpretation of prohibitions
26. Prohibitions of exposure to asbestos
27. Prohibition of the importation of asbestos
28. Prohibition of the supply of asbestos
29. Prohibition of the use of asbestos
30. Labelling of products containing asbestos
31. Additional provisions in the case of exceptions and exemptions

PART 4

MISCELLANEOUS
32. Exemption certificates
33. Exemptions relating to the Ministry of Defence
34. Extension outside Great Britain
35. Existing licences and exemption certificates
36. Revocations, amendments and savings
37. Defence

  SCHEDULE 1— PARTICULARS TO BE INCLUDED IN A NOTIFICATION

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

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

  SCHEDULE 4— REVOCATIONS

  SCHEDULE 5— AMENDMENTS

The Secretary of State makes the following Regulations in the exercise of the powers conferred upon him by sections 15(1), (2), (3), (4), (5), (6)(b), (9), 18(2), 80(1) and 82(3) of, and paragraphs 1(1) to (4), 2, 3(2), 4, 6, 8 to 11, 13(1) and (3), 14, 15(1), 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974[
1] ("the 1974 Act") and section 2(2) of the European Communities Act 1972 ("the 1972 Act") [2].

     In doing so he gives effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the Commission of consultations in accordance with section 50(3) of that Act, and it appearing expedient to him after consulting such bodies as appear to him to be appropriate in accordance with section 80(4) of that Act.

     He is a Minister designated for the purpose of section 2(2) of the 1972 Act in relation to the regulation and control of classification, packaging and labelling of dangerous substances and preparations[3], and persistent organic pollutants, dangerous substances, preparations and chemicals[4].



PART 1

PRELIMINARY

Citation and Commencement
     1. These Regulations may be cited as the Control of Asbestos Regulations 2006 and shall come into force on 13th November 2006, except regulation 20(4) which shall come into force on 6th April 2007.

Interpretation
     2. —(1) In these Regulations—

and references to "CAS" followed by a numerical sequence are references to CAS Registry Numbers assigned to chemicals by the Chemical Abstracts Service, a division of the American Chemical Society;

    (2) For the purposes of these Regulations, except in accordance with regulation 11(3) and (5), in determining whether an employee is exposed to asbestos or whether the extent of such exposure exceeds the control limit, no account shall be taken of respiratory protective equipment which, for the time being, is being worn by that employee.

    (3) A reference to work with asbestos in these Regulations shall include—

Application of these Regulations
     3. —(1) These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee.

    (2) Subject to paragraph (3), regulations 8 (licensing), 9 (notification of work with
asbestos), 15(1) (arrangements to deal with accidents, incidents and emergencies), 18(1)(a) (asbestos areas) and 22 (health records and medical surveillance) shall not apply where—

    (3) No exposure to asbestos will be sporadic and of low intensity within the meaning of paragraph (2)(a) if the concentration of asbestos in the atmosphere when measured in accordance with the 1997 WHO recommended method or by a method giving equivalent results to that method approved by the Health and Safety Commission exceeds or is liable to exceed the concentration approved in relation to a specified reference period for the purposes of this paragraph by the Health and Safety Commission.

    (4) Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work activity carried out by the employer except that the duties of the employer—

    (5) Regulation 17, insofar as it requires an employer to ensure that premises are thoroughly cleaned, shall not apply—

and for the purposes of this paragraph "ship" includes all vessels and hovercraft which operate on water or land and water, and "dock premises" means a dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities.

    (6) These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship's crew which are carried out solely by the crew under the direction of the master, and for the purposes of this paragraph "ship" includes every description of vessel used in navigation, other than a ship forming part of Her Majesty's Navy.



PART 2

GENERAL REQUIREMENTS

Duty to manage asbestos in non-domestic premises
     4. —(1) In this regulation "the dutyholder" means—

and where there is more than one such dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.

    (2) Every person shall cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with his duties under this regulation.

    (3) In order to enable him to manage the risk from
asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.

    (4) In making the assessment—

    (5) Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that—

    (6) The dutyholder shall ensure that the assessment is reviewed forthwith if—

    (7) The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.

    (8) Where the assessment shows that asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that—

    (9) The measures to be specified in the plan for managing the risk shall include adequate measures for—

    (10) The dutyholder shall ensure that—

    (11) In this regulation, a reference to—

Identification of the presence of asbestos
     5. An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either—

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—

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

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

and where, as a result of the review, changes to the risk assessment are required, those changes shall be made and, where they relate to the significant findings of the risk assessment or are themselves significant, recorded.

    (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 control limit, the employer shall keep a copy of the significant findings of the risk assessment at those premises at which, and for such time as, the work to which that risk assessment relates is being carried out.

Plans of work
     7. —(1) An employer shall not undertake any work with asbestos unless he has prepared a suitable written plan of work detailing how that work is to be carried out.

    (2) The employer shall keep a copy of the plan of work at those premises at which the work to which the plan relates is being carried out for such time as that work continues.

    (3) In cases of final demolition or major refurbishment of premises, the plan of work shall, so far as is reasonably practicable, and unless it would cause a greater risk to employees than if the asbestos had been left in place, specify that asbestos shall be removed before any other major works begin.

    (4) The plan of work shall include in particular details of—

    (5) The employer shall ensure, so far as is reasonably practicable, that the work to which the plan of work relates is carried out in accordance with that plan and any subsequent written changes to it.

Licensing of work with asbestos
     8. —(1) Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he holds a licence granted under paragraph (2) of this regulation.

    (2) The Executive may grant a licence for work with asbestos if it considers it appropriate to do so and—

    (3) A licence under this regulation—

    (4) The Executive may vary the terms of a licence under this regulation if it considers it appropriate to do so and in particular may—

    (5) The Executive may revoke a licence under this regulation if it considers it appropriate to do so.

    (6) The holder of a licence under this regulation shall return the licence to the Executive—

Notification of work with asbestos
     9. —(1) Subject to regulation 3(2), an employer shall not undertake any work with asbestos unless he has notified the appropriate office of the enforcing authority in writing of the particulars specified in Schedule 1 at least 14 days before commencing that work or such shorter time before as the enforcing authority may agree.

    (2) Where an employer has notified work in accordance with paragraph (1) and there is a material change in that work which might affect the particulars so notified (including the cessation of the work), the employer shall forthwith notify the appropriate office of the enforcing authority in writing of that change.

Information, instruction and training
     10. —(1) Every employer shall ensure that adequate information, instruction and training is given to those of his employees—

    (2) The information, instruction and training required by paragraph (1) shall be—

Prevention or reduction of exposure to asbestos
     11. —(1) Every employer shall—

    (2) Where it is not reasonably practicable for the employer to prevent the exposure of his employees to asbestos in accordance with paragraph (1)(a), the measures referred to in paragraph (1)(b)(i) shall include, in order of priority—

and the employer shall so far as is reasonably practicable provide the employees concerned with suitable respiratory protective equipment in addition to the measures required by sub-paragraphs (a) and (b).

    (3) Where it is not reasonably practicable to reduce the exposure of an employee to asbestos to below the control limit by the measures referred to in paragraph (1)(b)(i), then, in addition to taking those measures, the employer shall provide that employee with suitable respiratory protective equipment which will reduce the concentration of asbestos in the air inhaled by the employee (after taking account of the effect of that respiratory protective equipment) to a concentration which is—

    (4) Personal protective equipment provided by an employer in accordance with this regulation or with regulation 14(1) shall be suitable for its purpose and shall—

    (5) The employer shall—

Use of control measures etc.
     12. —(1) Every employer who provides any control measure, other thing or facility pursuant to these Regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.

    (2) Every employee shall make full and proper use of any control measure, other thing or facility provided pursuant to these Regulations and, where relevant, shall—

Maintenance of control measures etc.
    
13. —(1) Every employer who provides any control measure to meet the requirements of these Regulations shall ensure that—

    (2) Where exhaust ventilation equipment or respiratory protective equipment (except disposable respiratory protective equipment) is provided to meet the requirements of these Regulations, the employer shall ensure that thorough examinations and tests of that equipment are carried out at suitable intervals by a competent person.

    (3) Every employer shall keep a suitable record of the examinations and tests carried out in accordance with paragraph (2) and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.

Provision and cleaning of protective clothing
    
14. —(1) Every employer shall provide adequate and suitable protective clothing for such of his employees as are exposed or are liable to be exposed to asbestos, unless no significant quantity of asbestos is liable to be deposited on the clothes of the employee while he is at work.

    (2) The employer shall ensure that protective clothing provided in pursuance of paragraph (1) is either disposed of as asbestos waste or adequately cleaned at suitable intervals.

    (3) The cleaning required by paragraph (2) shall be carried out either on the premises where the exposure to asbestos has occurred, where those premises are suitably equipped for such cleaning, or in a suitably equipped laundry.

    (4) The employer shall ensure that protective clothing which has been used and is to be removed from the premises referred to in paragraph (3) (whether for cleaning, further use or disposal) is packed, before being removed, in a suitable receptacle which shall be labelled in accordance with the provisions of Schedule 2 as if it were a product containing asbestos or, in the case of protective clothing intended for disposal as waste, in accordance with regulation 24(3).

    (5) Where, as a result of the failure or improper use of the protective clothing provided in pursuance of paragraph (1), a significant quantity of asbestos is deposited on the personal clothing of an employee, then for the purposes of paragraphs (2), (3) and (4) that personal clothing shall be treated as if it were protective clothing.

Arrangements to deal with accidents, incidents and emergencies
     15. —(1) Subject to regulation 3(2) and to paragraph (3) of this regulation, and without prejudice to the relevant provisions of the Management of Health and Safety at Work Regulations 1999[13], in order to protect the health of his employees from an accident, incident or emergency related to the use of asbestos in a work process or to the removal or repair of asbestos-containing materials at the workplace, the employer shall ensure that—

    (2) The employer shall ensure that information on the procedure and systems required by paragraph (1)(a) and (c) and the information required by paragraph (1)(b) is—

    (3) Paragraph (1) shall not apply where—

    (4) In the event of an accident, incident or emergency related to the unplanned release of asbestos at the workplace, the employer shall ensure that—

Duty to prevent or reduce the spread of asbestos
     16. Every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable the spread of asbestos from any place where work under his control is carried out.

Cleanliness of premises and plant
     17. Every employer who undertakes work which exposes or is liable to expose his employees to asbestos shall ensure that—

Designated Areas
     18. —(1) Every employer shall ensure that any area in which work under his control is carried out is designated as—

    (2) Asbestos areas and respirator zones shall be clearly and separately demarcated and identified by notices indicating—

    (3) The employer shall not permit any employee, other than an employee who by reason of his work is required to be in an area designated as an asbestos area or a respirator zone, to enter or remain in any such area and only employees who are so permitted shall enter or remain in any such area.

    (4) Every employer shall ensure that only competent employees shall—

and for the purposes of this paragraph a competent employee means an employee who has received adequate information, instruction and training.

    (5) Every employer shall ensure that—

Air Monitoring
     19. —(1) Subject to paragraph (2), every employer shall monitor the exposure of his employees to asbestos by measurement of asbestos fibres present in the air—

    (2) Paragraph (1) shall not apply where—

    (3) The employer shall keep a suitable record of—

    (4) The record required by paragraph (3), or a suitable summary thereof, shall be kept—

from the date of the last entry made in it.

    (5) In relation to the record required by paragraph (3), the employer shall—

Standards for air testing and site clearance certification
     20. —(1) In paragraph (4) "site clearance certificate for reoccupation" means a certificate issued to confirm that premises or parts of premises where work with asbestos has been carried out have been thoroughly cleaned upon completion of that work in accordance with regulation 17(b).

    (2) Every employer who carries out any measurement of the concentration of asbestos fibres present in the air shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.

    (3) Every employer who requests a person to carry out any measurement of the concentration of asbestos fibres present in the air shall ensure that that person is accredited by an appropriate body as competent to perform work in compliance with ISO 17025.

    (4) Every employer who requests a person to assess whether premises or parts of premises where work with asbestos has been carried out have been thoroughly cleaned upon completion of that work and are suitable for reoccupation such that a site clearance certificate for reoccupation can be issued shall ensure that that person is accredited by an appropriate body as competent to perform work in compliance with the paragraphs of ISO 17020 and ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.

    (5) Paragraphs (2) and (3) shall not apply to work carried out in a laboratory for the purposes only of research.

Standards for analysis
     21. —(1) Every employer who analyses a sample of any material to determine whether it contains asbestos shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.

    (2) Every employer who requests a person to analyse a sample of any material taken to determine whether it contains asbestos shall ensure that that person is accredited by an appropriate body as competent to perform work in compliance with ISO 17025.

    (3) Paragraphs (1) and (2) shall not apply to work carried out in a laboratory for the purposes only of research.

Health records and medical surveillance
     22. —(1) Subject to regulation 3(2), every employer shall ensure that—

    (2) Subject to regulation 3(2), every employer shall ensure that each of his employees who is exposed to asbestos is under adequate medical surveillance by a relevant doctor.

    (3) The medical surveillance required by paragraph (2) shall include—

and each such medical examination shall include a specific examination of the chest.

    (4) Where an employee has been examined in accordance with paragraph (3), the relevant doctor shall issue a certificate to the employer and employee stating—

and the employer shall keep that certificate or a copy thereof for at least 4 years from the date on which it was issued.

    (5) An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such examination and tests as may be required for the purposes of paragraph (3) and shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.

    (6) Where, for the purpose of carrying out his functions under these Regulations, a relevant doctor requires to inspect any record kept for the purposes of these Regulations, the employer shall permit him to do so.

    (7) Where medical surveillance is carried out on the premises of the employer, the employer shall ensure that suitable facilities are made available for the purpose.

    (8) The employer shall—

    (9) Where, as a result of medical surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor to be the result of exposure to asbestos at work the employer of that employee shall—

Washing and changing facilities
     23. —(1) Every employer shall ensure that, for any of his employees who is exposed or liable to be exposed to asbestos, there be provided—

    (2) The facilities provided under paragraph (1) for the storage of—

shall be separate from each other.

Storage, distribution and labelling of raw asbestos and asbestos waste
     24. —(1) Every employer who undertakes work with asbestos shall ensure that raw asbestos or waste which contains asbestos is not—

unless it is in a sealed receptacle or, where more appropriate, sealed wrapping, clearly marked in accordance with paragraphs (2) and (3) showing that it contains asbestos.

    (2) Raw asbestos shall be labelled in accordance with the provisions of Schedule 2.

    (3) Waste containing asbestos shall be labelled—



PART 3

PROHIBITIONS AND RELATED PROVISIONS

Interpretation of prohibitions
     25. —(1) In this Part —

    (2) Any prohibition imposed on any person by this Part shall apply only to acts done in the course of a trade, business or other undertaking (whether for profit or not) carried on by him.

    (3) Any prohibition imposed by this Part on the importation into the United Kingdom, or on the supply or use of asbestos shall not apply to the importation, supply or use of asbestos solely for the purposes of research, development or analysis.

    (4) Where in this Part it is stated that asbestos has intentionally been added to a product or is intentionally added, it will be presumed where—

that the asbestos has intentionally been added or is intentionally added, as the case may be, subject to evidence to the contrary being adduced in any proceedings.

Prohibitions of exposure to asbestos
     26. —(1) No person shall undertake asbestos spraying or working procedures that involve using low-density (less than 1g/cm³) insulating or soundproofing materials which contain asbestos.

    (2) Every employer shall ensure that no employees are exposed to asbestos during the extraction of asbestos.

    (3) Every employer shall ensure that no employees are exposed to asbestos during the manufacture of asbestos products or of products containing intentionally added asbestos.

    (4) In the case of chrysotile only, the prohibition in paragraph (3) is subject to the exception in paragraph 2 of Schedule 3.

Prohibition of the importation of asbestos
     27. —(1) Subject to paragraph (2), the importation into the United Kingdom of asbestos or of any product to which asbestos has intentionally been added is prohibited and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979[15] and not as a contravention of a health and safety regulation.

    (2) In the case of chrysotile only, the prohibition in paragraph (1) is subject to the exceptions in paragraphs 1, 2 and 3 of Schedule 3.

Prohibition of the supply of asbestos
     28. —(1) Subject to paragraphs (2) and (3), no person shall supply, other than solely for the purpose of disposal, asbestos or any product to which asbestos has intentionally been added.

    (2) In the case of chrysotile only, the prohibition in paragraph (1) shall not apply where the asbestos or the product was in use before 24th November 1999, except in the case of a product to which asbestos has intentionally been added of which the supply was prohibited by regulation 7 of the Asbestos (Prohibitions) Regulations 1992[16] as in force immediately before 24th November 1999.

    (3) In the case of chrysotile only, the prohibition in paragraph (1) is subject to the exceptions in paragraphs 1 and 2 of Schedule 3.

Prohibition of the use of asbestos
     29. —(1) Subject to paragraphs (2) to (6), no person shall use, except in the course of any activity in connection with its disposal, asbestos or any product to which asbestos has intentionally been added.

    (2) In the case of products containing crocidolite or asbestos grunerite (amosite), the prohibition in paragraph (1) shall not apply where the product was in use before 1st January 1986.

    (3) In the case of products containing any other form of asbestos than crocidolite or asbestos grunerite (amosite), but excepting chrysotile, the prohibition in paragraph (1) shall not apply where the product was in use before 1st January 1993.

    (4) In the case of chrysotile only, the prohibition in paragraph (1) shall not apply where the asbestos or product was in use before 24th November 1999, except in the case of a product containing chrysotile of which the supply was prohibited by regulation 7 of the Asbestos (Prohibitions) Regulations 1992 as in force immediately before 24th November 1999.

    (5) Notwithstanding paragraph (4), no person shall use, except in the course of any activity in connection with its disposal,—

unless it is installed in or forms part of any premises or plant and, before 24th November 1999, it was installed in or formed part of those same premises or plant.

    (6) In the case of chrysotile only, the prohibition in paragraph (1) is subject to the exceptions in paragraphs 1 and 2 of Schedule 3.

Labelling of products containing asbestos
     30. —(1) Subject to paragraph (2), a person shall not supply under an exception in Schedule 3 or an exemption granted pursuant to regulation 32 or regulation 33 a product which contains asbestos unless that product is labelled in accordance with the provisions of Schedule 2.

    (2) Where a component of a product contains asbestos, it shall be sufficient compliance with this regulation if that component is labelled in accordance with the provisions of Schedule 2 except that where the size of that component makes it impossible for a label to be fixed to it neither that component nor the product need be labelled.

Additional provisions in the case of exceptions and exemptions
     31. —(1) Where under an exception in Schedule 3 or an exemption granted pursuant to regulation 32 or regulation 33 asbestos is used in a work process or is produced by a work process, the employer shall ensure that the quantity of asbestos and materials containing asbestos at the premises where the work is carried out is reduced to as low a level as is reasonably practicable.

    (2) Subject to paragraph (3), where under an exception in Schedule 3 or an exemption granted pursuant to regulation 32 or regulation 33 a manufacturing process which gives rise to asbestos dust is carried out in a building, the employer shall ensure that any part of the building in which the process is carried out is—

    (3) Paragraph 2(a) shall not apply to a building in which, prior to 1st March 1988, there was carried out a process to which either—



PART 4

MISCELLANEOUS

Exemption certificates
     32. —(1) Subject to paragraph (4), the Executive may, by a certificate in writing, exempt any person or class of persons or any product containing asbestos or class of such products from all or any of the requirements or prohibitions imposed by regulations 4, 8, 12, 13, 21, 22(5) to (7) and 27 and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.

    (2) Subject to paragraph (4) and to the provisions of Council Directive 76/769/EEC on the marketing and use of certain dangerous substances and preparations[18], the Executive may, by a certificate in writing, exempt any person or class of persons or any product containing asbestos or class of such products from the prohibitions imposed by regulations 28(1) and 29(1) and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.

    (3) Subject to paragraph (4), the Executive may exempt emergency services from all or any of the requirements or prohibitions imposed by regulations 7 and 9 and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.

    (4) The Executive shall not grant any exemption under paragraph (1),(2) or (3) unless having regard to the circumstances of the case and in particular to—

it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

Exemptions relating to the Ministry of Defence
     33. The Secretary of State for Defence may, in the interests of national security, exempt any person or class of persons from all or any of the prohibitions imposed by Part 3 of these Regulations by a certificate in writing, and any such exemption may be granted subject to conditions and to a limit of time and may be varied or revoked by a further certificate in writing at any time.

Extension outside Great Britain
    
34. These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2001[19] as they apply to work in Great Britain.

Existing licences and exemption certificates
     35. —(1) An existing licence issued by the Executive under regulation 4(1) of the Asbestos (Licensing) Regulations 1983[20] shall—

and any requirement in such a licence concerning notification and any exception to such a requirement shall have effect as a requirement for notification under regulation 9 of and as an exception to such a requirement under regulation 3(2) of these Regulations.

    (2) An existing exemption granted by the Executive under regulation 7(1) of the Asbestos (Licensing) Regulations 1983, regulation 8(1) of the Asbestos (Prohibitions) Regulations 1992[21], or regulation 25(1) of the Control of Asbestos at Work Regulations 2002[22] shall continue to have effect and be subject to any limitation of time or any conditions specified in it and liable to revocation as if it had been granted under regulation 32(1), (2) or (3) of these Regulations.

    (3) An existing exemption granted by the Secretary of State for Defence under regulation 8(3) of the Asbestos (Prohibitions) Regulations 1992 shall continue to have effect and be subject to any limitation of time or any conditions specified in it and liable to revocation as if it had been granted under regulation 33 of these Regulations.

Revocations, amendments and savings
     36. —(1) The revocations listed in Schedule 4 shall have effect.

    (2) The amendments listed in Schedule 5 shall have effect.

    (3) Any record or register required to be kept under any Regulations revoked either by paragraph (1) or by regulation 27(1) of the Control of
Asbestos at Work Regulations 2002 shall, notwithstanding that revocation, be kept in the same manner and for the same period as specified in those Regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form which, records were required to be kept under the Regulations so revoked.

Defence
     37. Subject to regulation 21 of the Management of Health and Safety at Work Regulations 1999[23], in any proceedings for an offence consisting of a contravention of Part 2 of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.



Signed by authority of the Secretary of State for Work and Pensions.


Philip Hunt
Parliamentary Under-Secretary of State, Department for Work and Pensions

12th October 2006



SCHEDULE 1
Regulation 9(1)


PARTICULARS TO BE INCLUDED IN A NOTIFICATION


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



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


THE 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—

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—

    (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—

    (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.



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


EXCEPTIONS 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[
26].

     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—

     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.



SCHEDULE 4
Regulation 36(1)


REVOCATIONS


Instruments revoked References Extent of revocation
The Asbestos (Licensing) Regulations 1983 S.I. 1983/1649 The 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



SCHEDULE 5
Regulation 36(2)


AMENDMENTS


Instruments amended References Amendments to have effect
The Personal Protective Equipment at Work Regulations 1992 S.I. 1992/2966 In 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[27] ("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[28]" 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"



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations revoke and replace the Control of
Asbestos at Work Regulations 2002 (S.I. 2002/2675) and revoke and re-enact, with modifications, the Asbestos (Licensing) Regulations 1983 (S.I. 1983/1649) as amended and the Asbestos (Prohibitions) Regulations 1992 (S.I. 1992/3067) as amended. They implement as respects Great Britain—

     2. The licensing requirements of the Asbestos (Licensing) Regulations 1983 (S.I. 1983/1649, as amended by S.I. 1998/3233) are re-enacted in regulation 8, and licenses made subject to a maximum duration of three years. Provision for exemptions is made in regulation 32(1) and for the validity of existing licenses in regulation 35(1).

     3. Part 3 of the regulations re-enact the prohibitions in the Asbestos (Prohibitions) Regulations 1992 (S.I. 1992/3067, as amended by S.I. 1999/2373, S.I. 1999/2977 and S.I. 2003/1889) in updated form omitting expired derogations. Provision for exemptions is carried forward in regulations 32(2) and 33.

     4. Part 2 of the Regulations replaces the Control of Asbestos at Work Regulations 2002 (S.I. 2002/2675) and in addition to minor and drafting amendments makes changes of substance including the following —

     5. European Standards EN ISO/IEC 17020 "General criteria for the operation of various types of bodies performing inspection" accepted by CEN/CENELEC on 15th July 2004 and 17025 "General requirements for the competence of testing and calibration laboratories" accepted by CEN/CENELEC on 15th March 2005 can be obtained from the British Standards Institution, BSI Library and Bookshop, 389 Chiswick High Road, London W4 4AL, or through British Standards Online at www.bsonline.bsi-global.com.

     6. The publication "Determination of airborne fibre concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method)", WHO Geneva 1997 (ISBN 92 4 154496 1) can be obtained online at www.who.int/publications/.

     7. A copy of the regulatory impact 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. A copy of the transposition note in relation to implementation of the Directives set out in paragraph 2(b) can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.


Notes:

[1] 1974 c.37; sections 11(2), 15(1) and 50(3) were amended by the Employment Protection Act 1975 c.71, Schedule 15, paragraphs 4, 6 and 16(3) respectively.back

[2] 1972 c.68.back

[3] S.I. 1976/897.back

[4] S.I. 2006/608.back

[5] S.I. 1998/494, as amended by S.I. 1999/2024, S.I. 1999/3232, S.I. 2002/2675, S.I. 2004/3168 and S.I. 2006/557.back

[6] S.I. 2006/557.back

[7] The most recent version is reference number EN ISO/IEC 17020: 2004, accepted by CEN/CENELEC on 15th July 2004.back

[8] The most recent version is reference number EN ISO/IEC 17025: 2005, accepted by CEN/CENELEC on 15th March 2005.back

[9] ISBN 92 4 154496 1.back

[10] 2004 c.21; section 1(2)(d) was amended by the Civil Contingencies Act 2004 (c. 36), section 32(1) and Schedule 2 Part 1 paragraph 10(1) and (2).back

[11] 2005 asp5.back

[12] S.I. 2002/1144.back

[13] S.I. 1999/3242, as amended by S.I. 2003/2457 and S.I. 2006/438.back

[14] S.I. 2004/568, as amended by S.I. 2005/1732.back

[15] 1979 c.2.back

[16] S.I. 1992/3067, as amended by S.I. 1999/2373.back

[17] S.I. 1969/690—revoked by S.I. 1987/2115.back

[18] OJ No. L 262, 27.9.1976, p. 201, relevant amendments are Council Directives 83/478/EEC (OJ No L 263, 24.9.83 p.33 and 85/467/EEC (OJ No L269, 11.10.85 p.56), and Commission Directives 91/659/EEC (OJ No L363, 31.12.91 p.36) and 1999/43/EC (OJ No L207, 6.8.99 p.18).back

[19] S.I. 2001/2127.back

[20] S.I. 1983/1649, as amended by S.I. 1986/392 and S.I. 1998/3233.back

[21] S.I. 1992/3067, as amended by S.I. 1999/2373, S.I. 1999/2977 and S.I. 2003/1889.back

[22] S.I. 2002/2675.back

[23] S.I. 1999/3242, amended by S.I. 2003/2457 and S.I. 2006/438.back

[24] S.I. 2002/1689, as amended by S.I. 2004/568.back

[25] S.I. 2004/568, as amended by S.I. 2005/1732.back

[26] S.I. 1999/2978, as amended by S.I. 2003/3314.back

[27] S.I. 1983/1649, as amended by S.I. 1986/392 and S.I. 1998/3233.back

[28] S.I. 2002/2675.back



ISBN 0 11 075191 4


 © Crown copyright 2006

Prepared 20 October 2006


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