Asbestos

The Control of Asbestos Regulations 2012 (the 2012 Regulations) became law on 6 April 2012, replacing the Control of Asbestos Regulations 2006. The 2012 Regulations are very similar to the old regime but they contain some minor changes which relate to certain exemptions for so-called “low risk” work.

They were enacted because the European Commission decided that the UK had failed to fully implement the Asbestos Worker Protection Directive. Specifically, the Commission concluded that certain exemptions for “sporadic and low intensity work” under the old regime were wider than the Directive had intended. The 2012 Regulations narrow the kinds of work covered by the exemptions.

Under the old regime there were two categories of work — licensed and non-licensed. “Non-licensed” work was exempt from certain requirements, including the requirement to notify the enforcing authority responsible for the site. Under the 2012 Regulations, a third category of work has been introduced, known as “notifiable non-licensed work”.

As a result of the change, some employers who carry out some kinds of low intensity, short duration work are no longer exempt from the need to:

• notify work to the relevant enforcing authority;

• carry out health assessments (from April 2015); and

• keep a register of those workers exposed (or who could be exposed) to asbestos.

It is important that safety reps note that the basic regime for the control of asbestos remains unchanged by the introduction of the 2012 Regulations.

HSE guidance on the changes brought in by the Asbestos Regulations 2012 is available at: www.hse.gov.uk/asbestos/regulations.htm.