The Control of Asbestos Regulations 2006 - A Change in the Law
On 13th November 2006 the Control of Asbestos Regulations 2006 (CAR 2006) came into force. These Regulations significantly change the approach to determining whether asbestos removal work is licensable or not. Most work with asbestos will still need to be undertaken by a licensed contractor, but any decision will now be determined by the risk. The most significant change concerns the removal of asbestos containing decorative coatings. The removal of asbestos containing decorative coatings no longer needs to be undertaken by a contractor licensed for work with asbestos.
In the past, a licence to work with asbestos was required to work on asbestos insulation, asbestos insulating board and asbestos coatings. Asbestos containing decorative coatings were classed as an asbestos coating and therefore a licence to work on asbestos was required. This was a requirement under the Asbestos Licensing Regulations 1983 as amended. The Asbestos Licensing Regulations (ASLIC), the Asbestos Prohibitions Regulations 1992 as amended and the Control of Asbestos at Work Regulations 2002 have now been incorporated into CAR 2006.
When is an Asbestos Licence Required?
CAR 2006 moves away from licensing particular asbestos materials, i.e. asbestos insulation, asbestos insulating board and asbestos coatings, and any decision on whether particular asbestos removal work is licensable or not is now determined by the risk.
Work with asbestos will be exempt from licensing only if:
| • | the exposure of employees to asbestos is sporadic and of low intensity; and |
| • | it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit and the work involves; |
| - | short, non-continuous maintenance activities; |
| - | removal of materials in which the asbestos fibres are firmly linked in a matrix; |
| - | encapsulation or sealing of asbestos-containing materials which are in good condition; and |
| - | air monitoring and control, and the collection and analysis of samples to ascertain whether a specific material contains asbestos. |
No exposure to asbestos can be considered to be sporadic and of low intensity if the concentration of asbestos in the atmosphere is liable to exceed 0.6 fibres per cm3 of air measured over ten minutes in any working day. It should be noted that “sporadic and low intensity” relates to the exposure, not the frequency of such, of those employed to undertake asbestos removal work.
In addition to the risk assessment making it clear that the exposure of any employee to asbestos will not exceed the control limit (a new control limit for all types of asbestos has been introduced and this is 0.1 f/ml when averaged over a continuous period of four hours) and the work being “sporadic and low intensity” (the exposure is not liable to exceed 0.6 fibres per cm3 of air measured over ten minutes in any working day), in order for the work to be exempt from licensing it must also fall into at least one of the following four categories.
Short, non-continuous maintenance activities
For those familiar with the Control of Asbestos at Work Regulations, short, non-continuous maintenance activities are what were known as “short duration work” or the “one hour rule”.
In CAR 2006 short non-continuous maintenance activities involving asbestos insulation and asbestos insulating board can be considered short non-continuous maintenance activities if any one person carries out work with these materials for less than one hour in a seven day period. The total time spent by all workers on the work should not exceed a total of two hours. When calculating the time the work takes, you should include anything ancillary to the work which is liable to disturb the asbestos, including setting up enclosures and clearing any potentially affected area.
Please note that if short non-continuous maintenance activities are carried out by licensed contractors under this exemption then it does not preclude the operatives concerned from carrying out other work with asbestos during the seven day period. It only precludes them from carrying out work under the short, non-continuous maintenance activities exemption within the seven day period.
Removal of materials in which the asbestos fibres are firmly linked in a matrix
This exemption is the one that effectively removes decorative textured coatings from the asbestos licensing requirements. The materials to which it applies include:
| • | asbestos cement; |
| • | textured decorative coatings and paints which contain asbestos; and |
| • | any article of bitumen, plastic resin or rubber which contains asbestos where its thermal or acoustic properties are incidental to its main purpose (e.g. vinyl floor tiles, electric cables, roofing felt). |
There may be other materials in which the asbestos fibres can be firmly linked in a matrix such as paper linings, cardboards, felt, textiles, gaskets, washers or rope where the products have no insulation purposes. If this is the case then the exemption from licensing may apply.
Encapsulation or sealing of ACM’s which are in good condition
The new requirements now apply the exemption to all encapsulation or sealing of asbestos containing materials which are in good condition, i.e. undamaged. This is as long as the exposure to employees to asbestos during the work is sporadic and low intensity and it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit.
Air monitoring and control, and the collection and analysis of samples to ascertain whether a specific material contains asbestos.
This exemption was previously included within ASLIC and has now been incorporated into (CAR 2006). You will not require a licence to work with asbestos if you are:
| • | the client who has engaged a licensed contractor to do the licensable work; |
| • | the principal or main contractor on a construction or demolition site if the licensable work is being done by a subcontractor holding an asbestos licence; |
| • | an analyst checking that the area is clear of asbestos at the end of the job; |
| • | carrying out quality control work such as: |
| - | atmospheric monitoring (air monitoring) outside enclosures whilst asbestos removal work is in progress; or |
| - | checking outside enclosures that work has been carried out to a standard which meets the terms of the contract; or |
| - | a consultant or other reviewing tender submissions on behalf of the client. |
It is clear from the above that if an unlicensed consultant, or other, who is carrying out a quality control role, in order to check that the work is being carried out to a standard which meets the terms of the contract, is only permitted to conduct these activities outside of the enclosure. Quality control activities within the enclosure require a licence unless checking that the area is clear of asbestos at the end of the job.
Although you may not need a licence to carry out a particular job, you still need to comply with the requirements of the Control of Asbestos Regulations 2006.
If the work is licensable you have a number of additional duties. You need to:
| • | notify the enforcing authority responsible for the site where you are working (for example HSE or the Local Authority); |
| • | designate the work area; |
| • | prepare specific asbestos emergency procedures; and |
| • | pay for your employees to undergo medical surveillance. |
Peninsula Comment
Under the Control of Asbestos Regulations 2006 (CAR 2006) anyone carrying out work on asbestos insulation, asbestos coating or asbestos insulating board (AIB) requires a licence issued by the HSE unless they meet one of the exemptions stated above. REMEMBER: Although you may not need a licence to carry out a particular job, you still need to comply with the rest of the requirements of the Asbestos Regulations.
It is essential that a suitable and sufficient risk assessment is carried out to identify locations and condition of asbestos, risk to person/s and required control measures.