The Control of Asbestos at Work Regulations 1987

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations implement as respects Great Britain the following Directives—

(a) Council Directive No 83/477/EEC (OJ No L263, 24.9.83 p.25) on the protection of workers from the risks related to exposure to asbestos at work except in so far as this Directive was implemented by the Asbestos (Prohibitions) Regulations 1985 (S.I. 1985/910) which prohibited asbestos spraying; and

(b) Council Directive No 76/769/EEC (OJ No L262, 27.9.1976, p.201) as amended by Council Directive No. 83/478/EEC (OJ No L263, 24.9.83, p.33) on restrictions on the marketing and use of certain dangerous substances and preparations, in so far as it relates to the labelling of products for use at work containing asbestos.

2.  These Regulations impose duties on employers for the protection of employees who may be exposed to asbestos at work and of other persons who are or are liable to be affected by such work (regulation 3).

3.  An employer who carries out work with asbestos is required to identify the type of asbestos involved (regulation 4) and to assess the nature and degree of exposure to asbestos and the steps to be taken to reduce that exposure (regulation 5). Regulation 6 requires work with asbestos to be notified to the enforcing authority unless that work had already been notified under other Regulations and employers are required to ensure that adequate information, instruction and training is given to employees and other persons on premises where the work is carried on (regulation 7).

4.  Regulation 8 requires employers to prevent the exposure at work of employees and other persons to asbestos or to reduce it to the lowest level reasonably practicable and, if exposure is not reduced to below specified control limits, employees must be provided with respiratory protective equipment that will reduce their exposure below those limits. Requirements are also imposed on employers and employees to make proper use of protective equipment (regulation 9) and upon employers for its maintenance (regulation 10).

5.  Employers are required to provide and keep clean protective clothing (regulation 11), to prevent the spread of asbestos from the workplace (regulation 12) and to ensure that premises and plant involved in work with asbestos are kept clean (regulation 13). By regulation 14 areas in which exposure to asbestos is or is liable to exceed the specified level or limit are required to be designated and marked and entry into those areas is to be limited.

6.  Regulation 15 provides for the monitoring of exposure and by regulation 16 employees who are liable to be significantly exposed to asbestos are required to be under regular medical surveillance by an employment medical adviser or appointed doctor. This regulation also specifies the fees paid by the employer when medical surveillance is undertaken by an employment medical adviser.

7.  The Regulations require the provision of washing and changing facilities (regulation 17) and regulate the storage, distribution and labelling of Asbestos (Licensing) Regulations 1983 (S.I. 1983/1649) (medical surveillance) are revoked except that the requirements as to the keeping of a report in regulation 7(4) of the 1969 Regulations and that relating to the keeping of a certificate in regulation 6 of the 1983 Regulations shall continue to be in force.