Rank: Super forum user
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According to several internet sources (google the subject header above and take your pick!), the Health and Safety Executive (HSE) has 'confirmed its agreement' with the EC's finding that the UK 2006 Control of Abestos Regulations has under-implemented Europe's asbestos law.
This follows the February 2011 'reasoned opinion' from the EC, prompted by a 2006 complaint from the Asbestos Removal Contractors Association, which gave the government two months to amend the law or face possible action at the EU's Court of Justice.
The EC found the UK had misinterpreted requirements on 'sporadic and low intensity exposure to asbestos' to justify the exclusion of considerable amounts of asbestos work from asbestos licensing, health assessments and exposure recording requirements.
HSE are credited with an issued statement: 'The UK has confirmed its agreement to a reasoned opinion by the European Commission. Discussions are under way with the Commission about next steps.'
I can't find anything on the HSE website though. These "next steps" will have significant ramifications for asbestos contractors and everyone working in construction, buildings maintenance and allied professions.
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Rank: Super forum user
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I was not surprised at the opinion as I always felt that the HSE were being a little hypocritical over this area of work when they claim. rightly, asbestos as such a major health issue.
Bob
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Rank: Forum user
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Is it right then to expect the next version of CAR to be radically tighter in terms of 'sporadic and low intensity' work? Anyone any idea when we can expect this new version of CAR to be issued?
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Rank: Super forum user
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I suspect tighter guidance and amendments only to the regulations as there would be a prolonged consultation over new regulations. The primary issue for me was that the HSE concentrated a lot on the work and not enough on the people doing the work. Thus one had teams of people who were regularly removing asbestos under the HSE defined sporadic work. The intention was in the Directive that such work was only done by people who were actually there to perform another task and incidentally needed tp remove small amounts of firmly bonded ACM.
The HSE have actually created a system whereby people use the sporadic definitions to decide if they can do the work themselves eg remove gutters a soffitts to install uPVC equivalents, without using a contractor whose people were under medical supervision. It has now reached a position where some contractors only train a very small number of staff in asbestos and use these to go in and remove asbestos before work commences and then other operatives undertake the work. The HSE have permitted this to happen and some heads really ought to roll over this at the Director level in the HSE.
Bob
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Rank: Super forum user
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Given the significant changes likely to arise and the effect on the asbestos removal industry, the entirety of the construction, buildings and facilities management and relevant training providers, it seems to me unlikely (and unwise) that any changes could be introduced without consultation.
There are IMHO some significant impact issues to be considered. I think HSE will find making these amendments a somewhat delicate and challenging exercise.
April 2012 seems more likely implementation. Not enough time left between now and October 2011.
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Rank: Super forum user
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Ron
The main changes will be ones of attitude by the persons you mention not regulatory. Indeed the regulations themselves need very little change to comply
Bob
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Rank: Super forum user
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Very little change to the wording, yet very significant in impact.
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Rank: Super forum user
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I confused!
The EEC told the UK (in Feb 2011) to sort this out within 2 months.
You lot are now talking about Oct 2011 or April 2012 ( I know how those dates arise)
Surely 2 months after Feb was end May 2011 - or am I missing something?
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Rank: Forum user
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I attended an ARCA Regional meeting recently and the following information from the Asbestos Licensing Group was offered:
ALG Meeting Held May.
Production of the revised “Analysts Guide” has now been put on hold.
In light of the European Commission “reasoned opinion” regarding the transposition of the European Asbestos Workers Protection Directive (EAWPD) it is likely that CAR 2006 will be withdrawn and a new regulation issued.
Consultation will take place in late summer 2011 and is likely to be issued as “CAR 2012” sometime next year (either April or September).
It will probably contain an additional category of work for low risk work which may be notifiable.
Non Licensed Contractors Guide is also on hold due to work required to comply with the EC requirements.
Rodger Ker
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Rank: Super forum user
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Ron
Yes significant impact because most have been working through the loopholes in poorly drafted legislation.
I do hope this does not hit the quagmire
Bob
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Rank: Super forum user
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I really can't understand all the fuss. When I have been working for a major PC and asked those at induction who have had Asbestos Awareness Training hardly any operatives put their hands up. Surely, the HSE we should be focusing and enforcing those aspects of CAR which are ubiquitously breached?
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Rank: Forum user
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Background Information for those who were not aware of where this all started, hope this helps.
In the middle of February the European Commission issued a press release stating that it was giving the UK Government two months to bring its asbestos regulations (Control of Asbestos Regulations 2006) in line with the EU Directive on protection of workers from asbestos.
The EU Directive 2009/148/EC lays down provisions to protect workers from risks including asbestos-related diseases, mainly through preventive measures.
The Commission received a complaint that Article 3(3) (a) and (b) of the EU Directive hadn't been correctly transposed in UK legislation. Article 3(3) gives the possibility for an exemption from three obligations set out in the directive for activities that involve only sporadic and low intensity exposure to asbestos – for example the case of some maintenance and repair activities.
The UK authorities don’t comply with three clear obligations refering to:
• notifying asbestos works to the responsible national authority
• making a prior health assessment for the workers and a new assessment every three years, for as long as exposure continues
• keeping a register of the workers who are, or may be, exposed to asbestos at work.
In the Commission’s view, the UK law omits certain specific parts of Article 3(3) (a) and (b), so widening the scope of the derogation of this Article. The UK legislation currently focuses on the measurement of exposure to asbestos and not enough on the how the material will be affected by the work itself, while the directive deals with both exposure and the material.
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Rank: Super forum user
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