CONTROL OF ASBESTOS REGULATIONS 2012

These regulations ban the use of new asbestos containing materials and specify measures to control worker exposure to existing sources of asbestos. They apply to any workplace where asbestos containing material exists.  

These regulations revoke and replace the 2006 regulations to fully comply with the EU Directive on the protection of workers from the risks related to exposure to asbestos at work (2009/148/EC). The requirements of the 2006 regulations remain in place.

These regulations cover the prohibition of asbestos, the control of asbestos at work and asbestos licensing. The regulations prohibit the importation, supply and use of all forms of asbestos. They continue the ban introduced for new uses of blue and brown asbestos in 1985 and for white asbestos in 1999. They also continue the ban on the second-hand use of asbestos products.  

Existing asbestos containing materials may be left in place as long as their condition is good. However, the regulations include a ‘duty to manage’ existing asbestos sources. This includes keeping a written record of asbestos containing materials and their condition and taking steps to assess and control exposure to these sources. Guidance is available for this.  

Anyone liable to be exposed to asbestos fibres at work must undergo mandatory training. Employers have a duty to prevent exposure to asbestos fibres. Where this is not reasonably practicable, they must make sure that exposure is kept as low as reasonably practicable by measures other than the use of respiratory protective equipment. The spread of asbestos must also be prevented via work methods and controls specified in the regulations.  

Maximum exposure limits are specified where exposure cannot be reduced sufficiently using other means. Worker exposure must be below the airborne exposure limit (Control Limit) of 0.1 fibres per cubic cm. In addition, short term exposures should not exceed 0.6 fibres per cubic cm.

Most asbestos removal work must be undertaken by a licensed contractor but any decision on whether particular work is licensable is based on the risk.  

The 2012 regulations include the terms ‘non-friable’ and ‘without deterioration of non-degraded material’ in Regulation 3, which exempts ‘low risk’ work with asbestos from certain duties in the regulations. This narrows the types of work to which the exemptions apply and will require employers carrying out some types of low risk short duration work, to:

i) notify the work to the relevant enforcing authority;
ii) carry out worker medical examinations; and
iii) maintain a register for each worker of the type and duration of work done with asbestos.

The instrument also takes into account requirements of REACH.

The changes therefore create a new category of asbestos work which is exempt from licensing, but for which notification, medical examinations and, record keeping is required.

A transitional period of 3 years is provided to assist business before the requirement for relevant low risk workers to have medical examinations comes into force.

Further information and guidance is available from the Health and Safety Executive (HSE).

Applicability

This legislation is applicable to all of Ardagh's sites within Great Britain.

Under this legislation, an asbestos survey should have been carried out on each site and the location (if applicable) of any asbestos present on each site should be registered. Each site maintains a list of any asbestos present. The register for each site should be updated following any subsequent survey or building or demolition works.

Barnsley site management reported that Ardagh has a specialist asbestos consultant and that the location of all asbestos materials on the Barnsley site is documented on an electronic Asbestos Register. This is regularly updated and has an accessible risk assessment and photolog.

In addition to keeping a register of asbestos containing materials present, Ardagh should also ensure that this asbestos is clearly labelled, if it is located in an area where it could be damaged.

Any works likely to result in asbestos disposal should be carried out only by an approved, licensed contractor and disposed of in accordance with hazardous/special waste regulations.

Related Aspects
Asbestos