Control Of Asbestos Regulations 2006
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:''This article deals with the Control of Asbestos Regulations 2006 which came into force on 13 November 2006. For the later regulations which came into force on 6th April 2012, see Asbestos and the law - Control of Asbestos Regulations'' The Control of Asbestos Regulations 2006 came into force in the United Kingdom on 13 November 2006 and brought together a number of other asbestos related pieces of legislation. This has been superseded by The Control of Asbestos Regulations 2012. The pieces of legislation the regulations revoked and replaced were the 'Control of Asbestos at Work Regulations 2002', the 'Asbestos (Licensing) Regulations 1983' and the 'Asbestos (Prohibitions) Regulations 1992'. Key elements of the regulations include a greater emphasis on training requiring anyone who may come into contact with
Asbestos Asbestos ( ) is a group of naturally occurring, Toxicity, toxic, carcinogenic and fibrous silicate minerals. There are six types, all of which are composed of long and thin fibrous Crystal habit, crystals, each fibre (particulate with length su ...
in the course of their work to be given suitable training. Greater restrictions were also placed on the amount of exposure workers could be exposed to in the form of 'control limits'. The recently published 'Asbestos: The survey guide' (HSG264) is complementary to these regulations. When work with asbestos is being carried out the Regulations place a requirement on employers and self-employed workers to prevent exposure to asbestos fibres.


Duties arising from the regulations

The Control of Asbestos 2006 regulations brought together three separate pieces of legislation which covered the prohibition of Asbestos, the control of asbestos at work and asbestos licensing. They prohibited the import, supply and use of all types of asbestos and also continued to ban the second hand use of asbestos products such as asbestos boards and tiles. The regulations require mandatory training to be given to anyone who may be exposed to asbestos whilst at work. This regulation will enable contracted workers on site to assess correctly the nature of a material before work is carried out, thus eliminating the risk of uncontrolled damage to Asbestos Containing Materials. Maintenance workers who may be coming onto a premises to carry out a job must also be given training. Should work need to be carried out that may result in the disturbing of asbestos then all measures should be taken to limit the exposure to asbestos fibres. Any exposure to those fibres should be below the 'airborne exposure limit' of 0.1 fibres per cm³. The control limit is the maximum concentration of asbestos fibres in the air if measured over any continuous 4 hour period. Any short term exposure to asbestos, as measured by continuous exposure over 10 minutes, should not exceed 0.6 fibres per cm³. These exposures must be strictly controlled with respiratory protective equipment if exposure can be reduced in no other way. In terms of asbestos removal, any work should be carried out by a licensed contractor although any decision as to whether work is 'licensable' is based on the risk. Anyone working on asbestos under the regulations must have a license issued by the Health and Safety Executive.HSE Web Site - Control of Asbestos Regulations
There are a number of exceptions to whether work is licensable. These usually apply if it is clear from the risk assessment that any exposure will not exceed the control limit and the work is short and non-continuous; the work is to do with the sealing of asbestos containing materials and the material is in a good condition; air monitoring and control as in the collection of samples to determine whether a particular product contains asbestos.


Prosecutions arising from the regulations

On 9 June 2009 a company in Swansea, Val Inco Europe Ltd, pleaded guilty to four charges under the Control of Asbestos Regulations and were fined £12,000 and ordered to pay £28,000 costs. The charges were in relation to work carried out by a contractor, A-Weld, on a furnace at the companies premises. Although asbestos surveys had been carried out on their site, the interior of the plant and equipment had not been surveyed. As a result, asbestos insulation material was disturbed and broken potentially giving rise to powders and fibres. Workers on the site also discovered a 'white material' which they believed to be asbestos and although the sample was sent away for tests, the site was not isolated and the work was allowed to continue. HSE principal inspector Andrew Knowles said that an "important aspect was the failure to provide asbestos awareness training for employees, which is a specific requirement where asbestos may be present in a workplace". He added "The failures in this case were entirely preventable and the defendant fell far short of the high standards required. This should serve as a warning to others about the dangers of asbestos and the legal requirement to manage it properly."


Asbestos and associated health risks

Asbestos is a naturally occurring group of
silicate minerals Silicate minerals are rock-forming minerals made up of silicate groups. They are the largest and most important class of minerals and make up approximately 90 percent of Earth's crust. In mineralogy, the crystalline forms of silica (silicon dio ...
that can readily be separated into thin strong fibres that are flexible, heat resistant and chemically inert. Within the United Kingdom and elsewhere in the world, asbestos was used extensively as a building material from the 1950s to the 1980s. It was used as a means of fireproofing as well as insulation and any building built before 2000 could contain asbestos. Although Asbestos can be safe if the material is kept in good condition and undisturbed, if damaged asbestos fibres could become airborne and cause serious risks to health if inhaled. Serious diseases including
mesothelioma Mesothelioma is a type of cancer that develops from the thin layer of tissue that covers many of the internal organs (known as the mesothelium). The area most commonly affected is the lining of the lungs and chest wall. Less commonly the lini ...
,
lung cancer Lung cancer, also known as lung carcinoma, is a malignant tumor that begins in the lung. Lung cancer is caused by genetic damage to the DNA of cells in the airways, often caused by cigarette smoking or inhaling damaging chemicals. Damaged ...
, and
asbestosis Asbestosis is long-term inflammation and pulmonary fibrosis, scarring of the human lung, lungs due to asbestos fibers. Symptoms may include shortness of breath, cough, wheezing, and chest pain, chest tightness. Complications may include lung canc ...
could result if someone were to breathe in high levels of asbestos fibres. A particular risk if someone were to be working either on, or with, asbestos materials which had been damaged. There are six forms of Asbestos although only three are commonly used, these are
Chrysotile Chrysotile or white asbestos is the most commonly encountered form of asbestos, accounting for approximately 95% of the asbestos in the United StatesOccupational Safety and Health Administration, U.S. Department of Labor (2007)29 C.F.R.&nb ...
(white asbestos), the most common;
Amosite Grunerite is a mineral of the amphibole group of minerals with formula Fe7 Si8 O22( OH)2. It is the iron endmember of the grunerite- cummingtonite series. It forms as fibrous, columnar or massive aggregates of crystals. The crystals are monoclin ...
(brown asbestos) which can often be found in ceiling tiles and as a fire retardant in thermal insulation products;
Crocidolite Riebeckite is a sodium-rich member of the amphibole group of silicate minerals, chemical formula Na2(Fe2+3Fe3+2)Si8O22(OH)2. It forms a solid solution series with magnesioriebeckite. It crystallizes in the monoclinic system, usually as long prism ...
(blue asbestos), commonly used in high temperature applications.Wisconsin Dept. of Natural Resources , Asbestos - History and Uses
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Notes


References

{{reflist Health and safety in the United Kingdom Safety codes Statutory instruments of the United Kingdom 2006 in British law Asbestos