- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010, Section 10.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: