The duties under the Control of Asbestos Regulations 2006 are largely the same as under the previous regulations, but there are some important changes:

●There is a new, lower control limit (which no one must go over) of 0.1 fibres per millilitre of air measured over four hours.
● Work with textured coatings will, generally, not need to be done by a licensed contractor. It will still need to be done safely by trained, competent people working to certain standards.
● Employers can no longer carry out work in their own premises with their own workers without a licence if the work would otherwise require a licence.
● The Regulations are clearer on training. Suitable training is required for anyone who is, or may be, exposed to asbestos.

What is a license?

Work with the most dangerous asbestos-containing materials (which give off high fibre levels when disturbed), requires a licence from the Health and Safety Executive (HSE). Work with most sbestos-containing materials requires a licence.

A licence is required for virtually all work with loose packing, sprayed insulation, lagging and asbestos insulation board. Very minor work (which, in total, takes one person no more than one hour, or more people no more than two hours in any seven-day period) does not require a licence. A licence is not required for work when a risk assessment confirms that the exposure (without a respirator) will not go above 0.6 fibres per millilitre in any ten-minute period or go over the control limit and the work involves certain materials. So, a licence will generally not be equired for work involving asbestos cement, textured coatings and other materials where the fibres are firmly held in a matrix (eg vinyl floor tiles and bituminous products such as roofing felt).

What do the Regulations say and what should I do?

The Regulations apply to all work with asbestos materials carried out by employers, the selfemployed and employees. They apply to all work
with asbestos whether it requires a licence or not

Managing asbestos in buildings (Regulation 4)

Whoever has control of a building has a duty to manage the asbestos in their buildings – your employer should be able to tell you who this is. The duty holder has to take reasonable steps to find out if there are materials containing asbestos in the premises and, if so, how much, where they are and what condition they are in. This can – but does not
have to – involve a survey. A survey can be:

• Type 1 – presumptive. This is to locate materials assumed to contain asbestos and note what condition they are in. No sampling is done
• Type 2 – sampling. This is the same as type 1 but samples are taken and analysed to confirm whether asbestos is present
• Type 3 – full access. This involves getting full access to all parts of the building, using destructive inspection if necessary. This type is usually used just before demolition or major refurbishment

The results of all types of survey should be recorded and the information provided to anyone who may work on, or disturb, these materials. Safety representatives are entitled to this information.

• Has any survey been done? If so, which type?
• Does it cover all parts of the building? If not, why?
• Is the information readily available and understandable?
• Is it given to anyone who needs it, for example, contractors?

A suitable risk assessment should be made before carrying out any work which may expose employees to asbestos.

• If any work which will, or could, disturb asbestos is planned, has the risk assessment been done by a competent person?
• Does it relate specifically to the particular job and site?
• Does it cover other risks (like falls from height or electricity)?

Those who control premises need to manage the risk from asbestos and ensure that an assessment is made as to whether asbestos is, or may be, present in the building. This includes where the asbestos is, or is assumed to be and what condition it is in. It should always be assumed that asbestos could be present until a full survey is done.

• If you suspect that there may be asbestos in your building, what has been done to manage the risks from it?
• Ask to see any assessments or the results of any survey.
• Do the assessments tell you where the asbestos is, may be, or is assumed to be?
• How are people made aware of asbestos and what to do about it?
• How will anyone coming in to do work, such as a contractor, be made aware and will the way they work be monitored?

Identifying the presence of asbestos (Regulation 5)

No employer must carry out demolition, maintenance or any other work which exposes, or may expose, their employees to asbestos in any premises unless they have found out:

• whether asbestos is, or may be, present
•  what type of asbestos it is
•  what material it is in; and
•  what condition it is in; or
• if there is any doubt about whether asbestos is present, the employer has assumed that it is present and that it is not only white asbestos
• Is all this information readily available, or has the employer said that they will assume asbestos is present?
• Is the information clear and easy to understand?
• Are there any parts of the building which have not been checked?

Planning work (Regulation 7)

No work should be carried out with asbestos unless a written plan of work detailing how that work is to be carried out has first been prepared.

• Is there a plan of work?
• Does it say clearly how the work will be done?
• How is the waste going to be removed?
• How will the employer make sure that the work is done in the way the plan says it should be?
• Have other risks which may be present (like falls from height and electricity) been considered as well?
• How will employees be informed

Information, instruction and training (Regulation 10)

Every employer must give adequate training (which includes information and instruction) to employees who are, or may be, exposed to asbestos, their supervisors and those who do work
to help the employer comply with these Regulations. This should make them aware of (among other things):

•  the properties of asbestos, its health effects and the interaction of asbestos and smoking
• the type of materials likely to contain asbestos
•  what work could cause asbestos exposure and the importance of preventing exposure
• how work can be done safely and what equipment is needed
• emergency procedures
•  hygiene facilities and decontamination

The training must be given at regular intervals. It needs to be proportionate to the nature and degree of exposure and so should contain the appropriate level of detail, be suitable to the job, and should use written materials, oral presentation and demonstration as necessary.

• Has everyone who is, or may be, exposed to asbestos been given enough information, instruction and training to enable them to safeguard their health?
• Was the training suitable for the job?
• Are there arrangements to train new people?
• Are there arrangements for regular refresher training?

Preventing or reducing exposure (Regulation 11)

Employers have a duty to prevent exposure so far as is reasonably practicable. If exposure cannot be prevented, it must be reduced so far as is reasonably practicable without workers having to use masks. If that has been done but the exposure would still be above the control limit, the employer has to provide suitable masks which reduce the workers’ exposure to below the control limit and as far below it as is reasonably practicable. It is good practice to use masks and other personal protective equipment even at levels below the control limit.

• Has this approach actually been taken?
• How will the employer make sure that the workers are not exposed to more than the control limit? It is not always necessary to carry out air tests, for example when it is well known what exposure levels an activity generates – and the worst levels are assumed. Air tests may be needed to confirm that the controls are working.

If any employee is exposed to more than the control limit, the employer must:

• inform the employees concerned and their representatives
• ensure that the work does not continue until adequate action has been taken to reduce exposure to below the control limit
• find out why the control limit was exceeded and take action to prevent it happening again, and take air samples to make sure this action was effective

Employers need to ensure that whatever controls they put in place are properly maintained and used. This includes providing any necessary supervision.

Employees need to make sure they use any controls properly.

• Do the employees know how to use the controls in place?
• Do they know what to do if they suspect the controls are not working properly?

The employer should make arrangements to deal with accidents, incidents and emergencies. These should minimise the effects of the event and restore the situation to normal. Anyone who may have been affected should be informed immediately.

• Do these arrangements exist and does everybody know about them?
• Is it clear who is responsible and what for?
• What happens when those people are absent?

Sampling, air tests and clearance certification (Regulation 20)

All air testing, sampling of asbestos and (from 6 April 2007) clearance certification must be carried out by someone who is accredited by an appropriate body. UKAS (the United Kingdom Accreditation Service) is the only such national accreditation body recognised by the Government.

• Do reports show the UKAS accreditation logo?

Health records and medical surveillance (Regulation 22)

Apart from a few exceptions (where exposure is very low), for each employee who is exposed to asbestos, employers have to:

• keep a health record
• keep the record (or a copy) for at least 40 years
• ensure the employees are under adequate medical surveillance by a relevant doctor
• provide a medical examination not more than two years before such exposure and one at least every two years while such exposure continues (certificates of examination need to be kept for four years)
• tell the employee if the medical shows any disease or ill-health effect from the exposure Employees have to be available during working hours for medical examination.

Employees have to be available during working hours for medical examination.

Washing and changing facilities (Regulation 23)

Employers must provide adequate washing and changing facilities for employees who are, or may be, exposed to asbestos.

• Are these adequate and well maintained?
• Are males and females catered for?