New asbestos regulations

Posted: 6th April 2012

The Control of Asbestos Regulations 2012 came into force on 6 April, replacing the Control of Asbestos Regulations 2006.
A change was necessary because the 2006 Regulations failed to implement fully the EU Directive on the protection of workers from the risk of exposure to asbestos. The words ‘only non-friable materials’ and ‘without deterioration of non-degraded material’ had been omitted from the description of the type of low-risk work for which notification to the relevant enforcing authority was not required before work commenced.
This error has now been corrected, with the result that the ‘non-licensable’ category of work has been split, with the creation of a new category – ‘notifiable non-licensable’ work. Work with asbestos that falls in this category must be notified and a register kept for each worker of the type of work done and the duration of the work.
In addition, from 2015, those undertaking this type of work will be required to undergo a medical examination. Copies of work records and medical reports must be kept for 40 years.
The requirements in relation to work with asbestos for which a licence is required are unchanged.