The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010

PART 2 U.K. DUTIES OF EMPLOYERS AND OTHERS

Assessment of risks U.K.

5.  In the case of any activity likely to involve a risk of exposure to asbestos, the employer must—

(a) in carrying out the risk assessment required by regulation 7 (risk assessment) of the General Duties Regulations—

(i) determine the nature, degree and duration of the workers' exposure in order to make it possible to assess any risk to the workers' health or safety and to lay down the measures to be taken,

(ii) in assessing the risk of such exposure, take account of all routes of exposure, and

(iii) give particular attention to any effects concerning the health and safety of workers at particular risk and take account of the desirability of not employing such workers in areas where they may come into contact with asbestos, and

(b) review the assessment regularly and in any event where there is reason to believe that it is incorrect or when any change occurs in the conditions which may affect workers' exposure.

Notification of work relating to asbestos U.K.

6.—(1) An employer whose workers are to undertake activities in which they are or may be exposed to asbestos must notify the Secretary of State in writing of the matters listed in paragraph (3)—

(a) if reasonably practicable, not less than 14 days before the work commences,

(b) otherwise, as soon as is reasonably practicable and in any event before the work commences.

(2) An employer whose workers are to undertake or are undertaking activities in which they are, or are likely to be, exposed to asbestos must notify the Secretary of State in writing of the matters listed in paragraph (3) immediately on becoming aware that a change in working conditions is likely to result in a significant increase in exposure to asbestos.

(3) The matters which must be notified under paragraphs (1) and (2) are—

(a) the location of the area of activity,

(b) the type and quantities of asbestos used or handled,

(c) the activities and processes involved,

(d) the number of workers involved,

(e) the starting date and duration of the work,

(f) measures taken to limit the exposure of workers to asbestos, and

(g) if the work consists of demolition or the removal of asbestos from a ship—

(i) evidence of the employer's ability in that field of work, and

(ii) the plan of work drawn up in accordance with regulation 12.

(4) The employer must give workers and their representatives access to any documents notified to the Secretary of State which concern their own undertaking or establishment.

Prohibition of certain activities relating to asbestos U.K.

7.  The employer must ensure, so far as is reasonably practicable, that workers do not undertake, and workers must not undertake, the following—

(a) the application of asbestos by means of the spraying process,

(b) working procedures that involve using low-density (less than 1 gram per cm³) insulating or soundproofing materials which contain asbestos, and

(c) activities which expose workers to asbestos during—

(i) the extraction of asbestos,

(ii) the manufacture or processing of asbestos products, or

(iii) the manufacture or processing of products containing intentionally added asbestos,

other than the treatment or disposal of products resulting from demolition or asbestos removal.

Prevention and reduction of exposure U.K.

8.—(1) The employer must reduce to a minimum the exposure of workers to asbestos, and in any case must ensure that no worker is exposed to asbestos in excess of the limit value.

(2) In order to achieve the requirements of paragraph (1), the employer must in particular—

(a) limit to the lowest possible figure the number of workers exposed or likely to be exposed to asbestos, consistent with safe working,

(b) design work processes so as not to produce asbestos fibres or, if that proves impossible, to avoid or minimise the release of asbestos fibres into the air,

(c) ensure that all—

(i) areas of activity, and

(ii) equipment involved

are capable of being regularly and effectively cleaned and maintained and are so cleaned and maintained,

(d) store and transport all asbestos in suitable sealed packing, and

(e) collect and remove waste from the area of activity as soon as possible and store it in suitable sealed secure packing with labels indicating that it contains asbestos.

Measurement of air quality U.K.

9.—(1) Having regard to the results of the initial assessment of risk in accordance with regulation 5, in order to ensure that the limit value is not exceeded, the employer must measure regularly the airborne concentration of asbestos fibres in the area of activity.

(2) The employer must ensure that sampling carried out in accordance with paragraph (1)—

(a) is representative of the exposure of the workers to asbestos,

(b) is carried out after consultation with the workers or their representatives,

(c) is carried out by suitably qualified personnel,

(d) has a duration such that representative exposure can be established for a continuous four-hour reference period by means of measurements or time-weighted calculations, and

(e) takes into consideration only fibres with—

(i) a length of more than 5 micrometres;

(ii) a breadth of less than 3 micrometres, and

(iii) a length to breadth ratio greater than 3:1.

(3) The employer must ensure that samples taken are analysed in laboratories equipped for fibre counting, which must be carried out wherever possible in accordance with the 1997 WHO recommended method.

Exposure to asbestos U.K.

10.—(1) Where the limit value is exceeded the employer must—

(a) identify the reasons for this and take appropriate measures to remedy the situation as soon as possible, and

(b) prevent work from continuing in the affected area until adequate measures have been taken for the protection of the workers concerned.

(2) In order to check the effectiveness of the measures mentioned in paragraph (1)(a), the employer must immediately carry out a further determination of the airborne concentration of asbestos fibres.

(3) Where exposure cannot be reduced by other means and where compliance with the limit value makes necessary the wearing of individual protective breathing equipment, the employer—

(a) may not require a worker to carry out work requiring the wearing of such equipment on a permanent basis; and

(b) must keep work requiring the wearing of such equipment to the strict minimum necessary for each worker.

(4) Where in the case of activities such as demolition, repair, maintenance and the removal of asbestos it is foreseeable that the limit value will be exceeded, despite the use of technical preventative measures for limiting the airborne concentration of asbestos fibres, the employer must determine the measures necessary to ensure protection of workers engaged in those activities, and in particular must—

(a) issue suitable respiratory and other personal protective equipment to workers and ensure that it is worn,

(b) put up warning signs indicating that it is foreseeable that the limit value will be exceeded, and

(c) prevent asbestos from spreading outside the area of activity.

(5) During periods of work which require the use of individual protective breathing equipment, the employer must, in consultation with the workers or their representatives, make provision for breaks appropriate to the physical and climatological conditions.

Maintenance and demolition of ships U.K.

11.—(1) Before beginning any maintenance to or demolition of a ship, the employer must take all necessary steps to identify any asbestos present or presumed to be present, if appropriate by—

(a) obtaining information from the owner of the ship or any other person or body who has such information; or

(b) by taking samples of materials for analysis, provided that such sampling is carried out—

(i) after consultation with the workers or their representatives; and

(ii) by suitably qualified personnel.

(2) If the employer is in any doubt about the presence of asbestos in the ship or in any material or product present in the ship, the employer must comply with the relevant provisions of these Regulations as though asbestos were present.

Plans of work U.K.

12.—(1) Before work is started on demolition of a ship or removal of asbestos from a ship, the employer must draw up a written plan of work which prescribes the measures necessary to ensure the safety and health of workers at the area of activity and that of other workers nearby, and in particular specifies that—

(a) any asbestos is to be removed before demolition techniques are commenced, except where this would cause a greater risk to workers than if the asbestos had been left in place,

(b) the respiratory and other personal protective equipment referred to in regulation 10(4)(a) is to be provided where necessary, and

(c) when the demolition or removal has been completed, the absence of asbestos exposure risks in the area of activity is to be verified by means of the production of a site clearance certificate for reoccupation.

(2) The employer, before requesting a person to assess whether the ship or the area of activity has been thoroughly cleaned upon completion of that work and is suitable for reoccupation such that a site clearance certificate for reoccupation can be issued, must first ensure that that person is accredited by an appropriate body as competent to perform work in compliance with the paragraphs of ISO 17020 and ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items and reporting results.

(3) The employer must ensure, so far as is reasonably practicable, that the work to which the plan of work relates is carried out in accordance with that plan and any subsequent written changes to it.

Training U.K.

13.—(1) The employer must provide appropriate training at regular intervals for all workers who are, or who are likely to be, exposed to asbestos.

(2) The content of the training must be easy for workers to understand and must enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards—

(a) the properties of asbestos and its effects on health, including when combined with smoking,

(b) the types of products or materials likely to contain asbestos,

(c) the operations which could result in asbestos exposure and the importance of preventive controls to minimise exposure,

(d) safe work practices, controls and personal protective equipment,

(e) the appropriate role, choice, selection, limitations and proper use of respiratory equipment,

(f) emergency procedures,

(g) decontamination procedures,

(h) waste disposal, and

(i) medical examination requirements.

Access to risk areas U.K.

14.  The employer must take appropriate measures to ensure that the areas of activity—

(a) are clearly demarcated and indicated by warning signs,

(b) are not accessible other than to workers who by reason of their work or duties are required to enter them, and

(c) constitute areas where smoking, eating and drinking is not permitted.

Hygiene and individual protection U.K.

15.—(1) The employer must take appropriate measures to ensure that—

(a) areas are set aside where workers can eat and drink without risking contamination by asbestos,

(b) separate storage places are provided for working or protective clothing and for non-work clothing,

(c) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations,

(d) personal protective equipment is placed within a well-defined place and is checked and cleaned after each use,

(e) workers are provided with appropriate working or protective clothing which, subject to paragraph (2), remains within the ship,

(f) equipment found to be defective is repaired or replaced before further use, and

(g) any working or protective clothing to be disposed of is treated as asbestos waste.

(2) The employer must ensure that the cleaning of working or protective clothing is be carried out either on the ship where that clothing was worn, if the ship is suitably equipped for such cleaning, or in a suitably equipped laundry.

(3) The employer must store and transport working or protective clothing for cleaning packed in suitable sealed and labelled containers.

Information for workers U.K.

16.—(1) The employer must take appropriate measures to ensure that workers and their representatives receive adequate information concerning—

(a) the potential risks to health from exposure to asbestos,

(b) the existence of the limit value and the need for the atmosphere to be monitored,

(c) hygiene requirements, including the need to refrain from smoking,

(d) the precautions to be taken as regards the wearing and use of personal protective equipment, and

(e) special precautions designed to minimise exposure to asbestos.

(2) The employer must in addition take appropriate measures to ensure that—

(a) workers and their representatives have access to the results of the measurements of the airborne concentration of asbestos fibres and can be given explanations of the significance of those results, and

(b) if the results exceed the limit value, the workers concerned and their representatives are informed as quickly as possible of the fact and the reasons for it and are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken.

Health records and medical surveillance U.K.

17.—(1) The employer must ensure that—

(a) a health record is maintained, containing particulars of the matters set out in paragraph (2), for each worker who is exposed to asbestos, and

(b) the health record, or a copy of it, is kept available in a suitable form for at least 40 years from the date of the last entry made in it.

(2) The health record must, as a minimum, contain the following information about the worker—

(a) the full name, sex, date of birth, permanent address and National Insurance number,

(b) where relevant, the types of work carried out with asbestos, its location, start and end dates, information relating to the average duration of exposure to asbestos and the personal protective equipment used,

(c) information, where available, on any previous work undertaken with asbestos, and

(d) dates of medical examinations and assessments carried out pursuant to these Regulations.

(3) The employer must ensure that each worker who is to undertake activities in which that worker is exposed to asbestos is under adequate health surveillance by a doctor or other medical authority.

(4) The health surveillance required by paragraph (3) must—

(a) include an assessment of the worker's state of health, including a specific examination of the chest,

(b) be undertaken, subject to paragraph (5), not more than 3 years prior to the beginning of the worker's exposure or risk of exposure to asbestos at the place of work,

(c) be undertaken at least once every three years for as long as the worker's exposure or risk of exposure to asbestos continues, and

(d) have regard to the practical recommendations for the clinical assessment of workers contained in the Schedule to these Regulations.

(5) If the employer knows, or ought reasonably to know, that a worker has been, or has been at risk of being, exposed to asbestos before the coming into force of these Regulations—

(a) if the worker informs the employer of a previous health assessment which included a specific chest examination, the employer must ensure that the outcome of that health assessment, if available, is reviewed by a doctor or other medical authority immediately after the coming into force of these Regulations, and

(b) if the worker's state of health has not previously been assessed, including a specific chest examination, or if the results of a previous health assessment referred to in sub-paragraph (a) are not available, the employer must ensure that such an assessment, including a specific chest examination, is undertaken immediately on the coming into force of these Regulations.

(6) Where a worker is assessed in accordance with paragraph (4) or (5)(b), or a health assessment is reviewed in accordance with paragraph (5)(a), the doctor or other medical authority must issue a certificate to the employer and the worker stating—

(a) that the worker has been so assessed or the previous health assessment has been reviewed, as the case may be, and

(b) the date of the health assessment or review,

and the employer must keep that certificate or a copy of it for at least four years from the date on which it was issued.

(7) The employer must ensure so far as is reasonably practicable that the doctor or other medical authority referred to in paragraph (6) who carries out a health assessment or review advises on or determines any individual protective or preventive measures to be taken including, where appropriate—

(a) the withdrawal of the worker concerned from all exposure to asbestos, and

(b) the continuation of health surveillance after the end of exposure.

(8) The employer must ensure that a worker is given information and advice regarding any health assessment which that worker may undergo following the end of exposure.

(9) If the doctor or other medical authority responsible for the health surveillance of a worker indicates that health surveillance must continue after the end of the worker's exposure, that continuing surveillance must be carried out for as long as the doctor or other medical authority considers necessary to safeguard the health of the person concerned.

(10) The employer must—

(a) on reasonable notice being given, allow a worker access to that worker's health record referred to in paragraph (1),

(b) provide the Secretary of State with copies of such health records as the Secretary of State may require, and

(c) on ceasing to trade, notify the Secretary of State immediately in writing and make available to the Secretary of State all health records kept in accordance with this regulation.

(11) The doctor or other medical authority responsible for the health surveillance of workers under this regulation must, on reasonable request by a worker or employer for a review of the results of health surveillance, undertake that review with a view to determining whether that health surveillance is adequate for the purposes of this regulation.

(12) In this regulation and regulation 18 “doctor or other medical authority” means a person who has suitable qualifications to undertake the requirements of these Regulations.

Register of workers and notification of cases U.K.

18.—(1) The employer must enter in a register the names of workers responsible for carrying out activities in which they are, or are at risk of being, exposed to asbestos, indicating the nature and duration of the activity and the exposure to which they have been subjected.

(2) The employer must give access to the register referred to in paragraph (1) to—

(a) every doctor or other medical authority responsible for health surveillance of workers entered in the register,

(b) each worker as respects the results in the register which relate to that worker personally, and

(c) the workers and their representatives as respects anonymous, collective information in the register.

(3) The employer must keep the register referred to in paragraph (1) for at least 40 years from the date of the last entry made in it, and if the undertaking ceases trading must notify the Secretary of State immediately in writing and make the register available to the Secretary of State.

(4) The employer must notify the Secretary of State immediately on becoming aware of any case of—

(a) asbestosis,

(b) mesothelioma,

(c) bronchial carcinoma, or

(d) gastro-intestinal carcinoma,

which is diagnosed in any worker whose details are listed in the register referred to in paragraph (1), and the Secretary of State must keep any information so notified in a register of recognised cases of asbestosis, mesothelioma, bronchial carcinoma, and gastro-intestinal carcinoma.

Consultation with and participation of workers U.K.

19.  In consulting with workers in accordance with regulation 20 (consultation with workers) of the General Duties Regulations, an employer must consult workers or their representatives on the control of exposure to asbestos and in particular on—

(a) the assessment of risk under regulation 5,

(b) measures taken to prevent or reduce risks arising from exposure to asbestos in accordance with regulation 8,

(c) measures determined to be necessary to ensure protection of workers in accordance with regulation 10(4),

(d) the provision of training and information in accordance with regulations 13 and 16, and

(e) the arrangements for health surveillance in accordance with regulation 17.

Persons upon whom duties are imposed U.K.

20.—(1) Where a person on whom a duty is imposed by any of the preceding provisions of these Regulations does not have control of the matter to which that provision relates because responsibility for the operation of the ship falls upon another person, that duty also extends to any other person who has control of that matter.

(2) It is the duty of every worker performing activities to which these Regulations apply—

(a) to make full and proper use of all personal protective equipment provided by the employer in pursuance of these Regulations, and

(b) to give effect to all instructions and training provided under regulations 13 and 16.