The Health and Safety Executive (HSE) has issued a response detailing the results of the extensive public consultation undertaken concerning the proposals for revised Control of Asbestos Regulations, which would widen the scope of requirements in order to further protect of workers from asbestos.
The European Commission (EC) ruled that the omission of two terms in the Control of Asbestos Regulations (CAR06) has the effect of allowing too many types of work to be exempt from requirements concerning notification, medical examinations and record keeping. It is proposed that the effect of complying with the EC’s view will be to create a new category of work – ‘Notifiable Non-licensed Work’.
This will require certain types of work on asbestos containing materials to be notified to the HSE prior to the commencement of the work, that medical examinations of those undertaking the work are carried out every three years, and that records of work exposures are kept by the employer. The HSE is making no proposal for changes to the requirements for licensed asbestos work. Rather than use amending regulations to make the necessary changes, it is proposed that the existing Control of Asbestos Regulations 2006 will be revoked in their entirety, and a single set of revised regulations will take their place.
It is proposed that the new category of ‘Notifiable Non-Licensed Work’ (NNLW), which will still be exempt from the requirements to hold a license; have arrangements to deal with accidents, incidents and emergencies; and designate asbestos areas. However, employers in this new category will be required to notify work with asbestos to the relevant enforcing authority; carry out medical examinations; and maintain registers of work (health records).
Should the proposals be accepted, the HSE aims to have regulations and guidance in place ready for commencement in April 2012. Please see the following link for further information: https://www.hse.gov.uk/consult/condocs/cd237.htm
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Published Mar 02, 2012