Proposed changes to Asbestos Regs.

The HSE are proposing 3 categories of work on asbestos. These are:

• Non-notifiable licenced work (NNLW)
  
• Notifiable licenced work
• Licenced work (notifiable by default)

These are the proposed definitions of these categories:

Proposed non-notifiable, non-licenced categories

Regulations 9 (notification of work with asbestos) and 22 (health records and medical surveillance) do not apply where the exposure of employees to asbestos is sporadic and of low intensity; and

1. It is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit; and
2. The work involves:
   

i) short, non-continuous maintenance activities in which only non-friable materials are handled, or

ii) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix, or

iii) encapsulation or sealing of asbestos-containing materials which are in good condition, or

iv) air monitoring and control, and the collection and analysis of samples to ascertain whether a specific material contains asbestos.

Proposed notifiable, nonlicenced categories

HSE’s initial view is that NNLW will normally include, (assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit):-

• Minor maintenance work involving asbestos insulation where the work to be done meets the definition of ‘short duration work’, ie. work which does not require a licence. For example, repairing minor damage to a small section of pipe insulation where the exterior coating has been broken or damaged.
• Minor removal work involving AIB where the work to be done meets the definition of ‘short duration work’, ie. work which does not require a licence. For example, removing AIB panels fixed with nails or screws. (Note: the definition ‘short duration work’ will only apply to asbestos insulation and AIB)
• Removal work involving textured decorative coatings where the method of removal requires deterioration of the material. For example, where the material is treated by steam, hydrating gel etc and scraped off the underlying surface.
• Removal of asbestos paper and cardboard products if not firmly bonded in a matrix.
• Maintenance work on asbestos cement (AC) which cannot be described as short and non-continuous, but which does not require a licence because exposure is sporadic and of low intensity and will not exceed the control limit.
  
• Removal of AC which is substantially degraded eg. badly fire damaged material, or where significant breakage (deterioration) is unavoidable to achieve removal, but which does not require a licence because exposure is sporadic and of low intensity and will not exceed the control limit.
  

NNLW will not normally include the following, which will continue to be categorised as non-licensed work, (assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit) :-

• Short, non-continuous maintenance work involving AIB which is in good condition. For example, drilling holes in AIB to attach fittings or to pass through cables/pipes, cleaning light fittings attached to AIB, repairing very minor damage, eg a single broken corner, lifting ceiling tiles for inspection or access purposes.
• Short, non-continuous maintenance work on AC.
• Removal of AC. Weathered AC is likely to be able to retain the vast majority of fibres in its matrix and so should not normally be regarded as degraded. Most AC can be removed whole and the inadvertent breakage of the occasional piece during manual removal will not attract NNLW requirements.
• Short, non-continuous maintenance work on textured decorative coatings. For example, drilling holes, inserting screws.
• Removal of textured decorative coatings when this can be achieved without deterioration of the material eg. by careful cutting around backing sheets to achieve removal intact.
• Removal, for example, of gaskets or asbestos rope cords from heating appliances which can be left in situ for disposal or can be lifted out virtually intact, without substantial breakage.
• Short, non-continuous maintenance work on clutch discs, brakes, friction products etc unless significant damage (deterioration) is required eg. by power tools.
• Work to enclose or seal asbestos materials which are in good condition (and which does not require a licence).
• Air monitoring and control, and the collection and analysis of samples.

Licenced categories

Licensable work with asbestos is—

• work where the exposure of employees to asbestos is not sporadic and of low intensity; or
• work for which the risk assessment demonstrates that the control limit will be or is liable to be exceeded; or
• work on asbestos coating; or
• work on asbestos insulating board or asbestos insulation for which the risk assessment demonstrates that the work—

(i) is not sporadic and of low intensity; or

(ii) will be or is liable to exceed the control limit; or

(iii) is not short duration work