IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Control of Asbestos Regs 2006 not compliant with requirements of EC Directives
Rank: Super forum user
|
Anyone aware of a response from the Regulators on this issue?
My reading of this is that it has potential for signficant impact on tasks currently considered "non-licensed"; great chunks of ACoP and the Task Manual will need change and much training and competency for non-licensed work will need to be 'undone'.
[The European Commission has requested that the UK amend its regulations on asbestos at work because they do not comply fully with parent EU Directives. This follows a complaint received by the Commission that Articles 3(3)(a) and (b) of the asbestos Directive (2003/18/EC, 2009/148/EC also refers) have not been correctly transposed into UK law.]
The required wording changes to Reg 3 (2)(c)(i) and (ii) look to have significant impact! Correct transposition means Uk Regs should read:
3(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 –
(a) the exposure of employees to asbestos is sporadic and of low intensity;
(b) it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit; and
(c) the work involves –
(i) short, non-continuous maintenance activities, in which only non-friable materials are handled;
(ii) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix,
10 missing words - big, big impact?
|
|
|
|
Rank: Super forum user
|
Ron
I haven't come across it, but I think I am right in saying that local authorities and other similar public bodies could be 'caught' by this as it stands right now, as I believe that they are regarded as an emanation of the state, and as such the directive itself applies.
Scary - potentially!
|
|
|
|
Rank: Super forum user
|
Ron
Not seen an official response yet, I assume there was a time frame given in which a response/appeal could be lodged as that is usually the case. Have not looked at the content in as much detail as you obviously have, but it did appear that if implemented ANY work with/on asbestos would be licensable. If that is the case I would imagine the regulators legal advisers are scrutinising this with a fine tooth comb, because as you say it would be a major change for the UK.
I also wonder if the recent parliamentary vote on giving person's staying in one of Her Majesties Hotels! a vote at elections will have any impact as here again it looks as if the British Government are on a collision course with the EU.
Brian
|
|
|
|
Rank: Super forum user
|
I believe there would still be a fair range of permitted non-licensed tasks, however the "absolute" terms of the Directive suggest that many of the tasks in HSG210 such as removal of cement panels (where there is always a risk of some breakage) would require a licensed contractor.
|
|
|
|
Rank: Super forum user
|
|
|
|
|
Rank: Super forum user
|
Time's up!
I understand the UK had 2 months from 17th Feb to respond to the European Commission or otherwise invite the wrath of the European Courts.
It's gone ever so quiet?
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Control of Asbestos Regs 2006 not compliant with requirements of EC Directives
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.