ASBESTOS - 21.03.2011

UK to comply with EU legislation on asbestos

Instruction. The European Commission has asked the UK to change some provisions in the Control of Asbestos Regulations 2006 (CAR). They currently exempt some maintenance and repair activities from the application of the EU Directive on the protection of workers from asbestos. Apparently, the UK has two months to make the changes, otherwise it will be referred to the European Court of Justice.

What’s missing? The European Commission has stated that there are three obligations missing in the UK Regulations. These refer to: (1)notifying asbestos work to the responsible national authority; (2) making a prior health assessment for the workers and a new assessment every three years, for as long as exposure continues; and (3) keeping a register of the workers who are, or may be, exposed to asbestos at work.

What’s going to happen? Good question! As yet the HSE hasn’t indicated which way it’s going with this one. However, we don’t expect the HSE to automatically roll over and change the legislation - especially as it feels that the CAR are fit for purpose. So for the time being it’s a case of watch this space - as and when we know more, we’ll update you.

According to the EC, the UK’s asbestos laws aren’t up to standard. However, the HSE doesn’t appear keen to change them. We’ll update you as and when there are any developments.

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