Posted By Dave Wilson
CFT,
I agree however only if as a result of the Risk Assessment the Control Limit will not be exceeded.
I quote
"In general, regulation 3(2) will apply to work with textured decorative coatings containing asbestos and asbestos cement.
However the risk assessment may identify factors that lead to the conclusion that the control limit could be exceeded or the exposure would not be sporadic and low intensity and in this case the exemptions would not apply.
Such factors might be a much higher proportion of asbestos in the material than normal, the material being more friable than normal and the best available method of work could result in exposure which could not be considered to be
sporadic and low intensity or the control limit being exceeded"
In about 99% of the case this would be true, however the employer must make a statement to why he thinks this exemptions apply and I quote again
"To decide whether or not the control limit is likely to be exceeded, it is first necessary to know what concentration of asbestos fibres are likely to be present in the air. It will be necessary to confirm the estimated exposures by measurement, using an appropriate method (sec paragraphs 328-338) unless there is already
sufficient, relevant and reliable data available. A summary of this data and the
source from which it was derived should be included in the assessment.
Employers must ensure that whoever carries out the assessment and provides advice on the prevention and control of exposure is competent to do so in accordance with regulation 10. This does not necessarily mean that particular
qualifications are required. However, whoever carries out the assessment should:
(a) have adequate knowledge, training and expertise in understanding the risks from asbestos and be able to make informed and appropriate decisions about
the risks and precautions that are needed;
(b) know how the work activity may disturb asbestos;
(c) be familiar with and understand the requirements of the Asbestos
Regulations and this ACOP;
(d) have the ability and the authority to collate all the necessary, relevant
information; and
(e) be able to assess other non-asbestos risks on site.
67 To be suitable and sufficient, the risk assessment should include:
(a) for non-licensed work, a statement of the reasons why the work with asbestos will fulfil the conditions for regulation 3(2) to apply and will not therefore be work which requires a licence;
(b) a description of the work (eg repair, removal, encapsulation of ACM,
maintenance and testing of plant and equipment contaminated with ACMs), and the expected scale and duration;
(c) a description of the type(s) of asbestos present and the results of any analysis or a statement that the asbestos is not chrysotile alone;
(d) a description of the quantity, form, size, means of attachment, extent and
condition of any ACMs present;
(e) details of expected exposures, noting:
(i) whether they are liable to exceed the control limit and the number of
people likely to be affected
(ii) the level of the expected exposure, so that suitable respiratory protective
equipment (RPE) can be assessed and selected;
(iii) whether anyone other than employees may be exposed, and their
expected exposures;
(iv) whether intermittent higher exposures may arise and their expected
frequency and duration; and
(v) results already available from air monitoring in similar circumstances;
(f) the steps to be taken to control exposure to the lowest level reasonably
practicable, for example for licensable work, the type of controlled wetting
and method of application, the use of local exhaust ventilation (LEV) (eg
shadow vacuuming), glovebag and wrap and cut and for non-licensable
building work, the use of low dust methods, shadow vacuuming, wetting etc
(see paragraphs 155-189);
(g) the steps taken to control the release of asbestos into the environment, for
example enclosures with negative pressure and entry and exit procedures.
Where it is not considered practicable to use an enclosure, a full justification
is required, and what action should be taken if an accidental release was to
occur;
(h) details of the decontamination procedures including the use of hygiene units
where appropriate;
(i) procedures for the selection, provision, use and decontamination of personal
protective equipment (PPE) which includes respiratory protective equipment
(RPE);
(j) procedures for the removal of waste and contaminated tools and equipment
from the work area and the site;
(k) procedures for dealing with emergencies, including, for example, those associated with working in confined spaces;
(l) any other information relevant to safe working practices such as other
significant non-asbestos hazards like working at heights or in confined spaces; and
(m) management arrangements ensuring that risks are adequately controlled during the work.
68 The findings of the assessment detailed in paragraph 67 are all deemed to be
'significant' and must be recorded as required by regulation 6(1 )(b).
You have to jump through these hoops to satisfy the Reg 3(2)and this is only for UNLICENSED WORK.
Its easy to say that its not licensed however there is more to this than meets the eye, it is quite involved.