On 13 November 2006 the new Control of Asbestos Regulations 2006 will come into force. The new Regulations will consolidate and replace the existing legislation on asbestos exposure in the UK. In addition, the new Regulations will introduce a lower control limit for all types of asbestos, a requirement for mandatory training and will remove work with asbestos-containing textured decorative coatings from the licensing regime. This article summarises the main changes and the implication of these changes on those who work with and manage asbestos or buildings with asbestos.

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On 13 November 2006 the new Control of Asbestos Regulations 2006 will come into force. The new Regulations will consolidate and replace the existing legislation on asbestos exposure in the UK. In addition, the new Regulations will introduce a lower control limit for all types of asbestos, a requirement for mandatory training and will remove work with asbestos-containing textured decorative coatings from the licensing regime. This article summarises the main changes and the implication of these changes on those who work with and manage asbestos or buildings with asbestos.

The changes to the UK regulatory regime are triggered by the need to implement amendments to the EU Asbestos Worker Protection Directive (83/477/EEC). The deadline for Member States to implement the Directive was 15 April 2006 and the EC has already begun infraction proceedings against the UK because of the delay. The Health and Safety Commission took the opportunity not only to make the changes required by EU legislation but also to review and consolidate existing UK asbestos-related legislation. The new Regulations will impact not only on asbestos specialists but also employers and facilities managers.

Below is a summary of the main changes:

  • Replacement and consolidation of existing legislation: the Control of Asbestos Regulations 2006 will replace and consolidate the Control of Asbestos at Work Regulations 2002, the Asbestos (Licensing) Regulations 1983 and the Asbestos (Prohibitions) Regulations 1992.
  • Lower control limit: a single, lower control limit of 0.1 fibres per cm3 for all types of asbestos measured over four hours will replace the current dual limit of 0.2 f/ml for amphiboles and 0.3f/ml for chrysotile.
  • Mandatory training: introduction of mandatory and much more detailed training for those likely to be exposed to asbestos at work. It has been suggested that these requirements may apply to as many as 1.4 million individuals in the UK. It will not only relate to those traditionally viewed as being exposed to asbestos such as plumbers and carpenters but will also cover occupations such as surveyors and other building professionals.
  • Removal of work with textured decorative coatings containing asbestos from the licensing regime: new research suggests that the risks from work with asbestos-containing textured coatings are much lower than previously thought and the HSC therefore considered that this type of work no longer needs to be carried out by a licensed contractor.
  • Sporadic and low intensity exposure: practical guidelines have been introduced for the determination of "sporadic and low intensity exposure". Where exposure falls within this category, there are derogations from certain requirements.
  • New Approved Code of Practice: this covers all of the requirements of the new Regulations, except for Regulation 4 (Duty to Manage Asbestos in non-domestic premises), which has separate guidance.

The majority of the changes have been welcomed by industries and organisations involved in the relevant consultations. In particular the consolidation of the three existing asbestos regulations is considered to simplify the regulatory regime.

However, there remains some disquiet regarding the removal of work with textured decorative coatings from the licensing regime. The asbestos removal industry, supported by a number of trade unions, is opposed to this amendment and considers that it may send out the wrong message about the danger of asbestos. In addition, the exemption of sporadic and low intensity exposure from licensing requirements has been controversial. The HSC has responded by commenting that it will increase asbestos inspection activity towards the end of 2006 and has requested that local authority and safety enforcement officers proactively engage with duty holders in asbestos management issues.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 02/11/2006.