Asbestos The Control of Asbestos Regulations 2012 came into force on 6 April 2012, updating previous asbestos regulations to take account of the European Commission’s view that the UK had not fully implemented the EU Directive on exposure to asbestos (Directive 2009/148/EC).

In practice the changes are fairly limited. They mean that some types of non-licensed work with asbestos now have additional requirements, i.e. notification of work, medical surveillance and record keeping.

Changes are that:

• From 6 April 2012, some non-licensed work needs to be notified to the relevant enforcing authority.
• From 6 April 2012, brief written records should be kept of non-licensed work, which has to be notified e.g. copy of the notification with a list of workers on the job, plus the level of likely exposure of those workers to asbestos. This does not require air monitoring on every job, if an estimate of degree of exposure can be made based on experience of similar past tasks or published guidance.
• By April 2015, all workers/self-employed doing notifiable non-licensed work with asbestos must be under health surveillance by a Doctor. Workers who are already under health surveillance for licensed work need not have another medical examination for non-licensed work. BUT medicals for notifiable non-licensed work are not acceptable for those doing licensed work.

The following remains the same:

• If existing asbestos containing materials are in good condition and are not likely to be damaged, they may be left in place; their condition monitored and managed to ensure they are not disturbed.
• If you’re responsible for maintenance of non-domestic premises, you have a Duty to Manage the asbestos in them, to protect anyone using or working in the premises from the risks to health that exposure to asbestos causes.
• If you want to do any building or maintenance work in premises, or on plant or equipment that might contain asbestos, you need to identify where it is and its type and condition; assess the risks, and manage and control these risks.
• The requirements for licensed work remain the same: in the majority of cases, work with asbestos needs to be done by a Licensed Contractor. This work includes most asbestos removal, all work with sprayed asbestos coatings and asbestos lagging and most work with asbestos insulation and asbestos insulating board (AIB).
• If you are carrying out non-licensed asbestos work, this still requires effective controls to be put in place.
• The control limit for asbestos is 0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm3). The control limit is not a ‘safe’ level and exposure from work activities involving asbestos must be reduced to as far below the control limit as possible.
• Training is mandatory for anyone liable to be exposed to asbestos fibres at work. This includes maintenance workers and others who may come into contact with or disturb asbestos (e.g. cable installers), as well as those involved in asbestos removal work.

These Regulations come into force as Supreme Court Judges ruled that when it comes to claims over exposure to Asbestos liability is triggered when a worker inhaled asbestos fibres and not when symptoms of the asbestos-related disease developed.

The court ruled against a group of insurers who had argued they should not pay compensation in cases where the disease developed after their employer’s liability policy had expired. They maintained that the insurance companies that held the policy when the claimant developed the cancer should be liable for compensation.

For further information contact Cardinus Property on 0207 469 0200 or email [email protected].