"adequate" means adequate having regard only to the nature and degree of exposure to asbestos, and "adequately" shall be construed accordingly;

"appointed doctor" means a registered medical practitioner appointed for the time being in writing by the Executive for the purpose of these Regulations;

"approved" means approved for the time being in writing by the Health and Safety Commission or the Executive as the case may be;

"asbestos" means the following fibrous silicates—

(a) asbestos actinolite, CAS No 77536-66-4(*);

(b) asbestos grunerite (amosite), CAS No 12172-73-5(*);

(c) asbestos anthophyllite, CAS No 77536-67-5(*);

(d) chrysotile, CAS No 12001-29-5;

(e) crocidolite, CAS NO 12001-28-4(*); and

(f) asbestos tremolite, CAS No 77536-68-6(*),

and references to "CAS" followed by a numerical sequence are references to CAS Registry Numbers assigned to chemicals by the Chemical Abstracts Service, a division of the American Chemical Society;

"the control limit" means a concentration of asbestos in the atmosphere when measured in accordance with the 1997 WHO recommended method, or by a method giving equivalent results to that method approved by the Health and Safety Commission, of 0.1 fibres per cubic centimetre of air averaged over a continuous period of 4 hours;

"control measure" means a measure taken to prevent or reduce exposure to asbestos (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, and the provision and use of engineering controls and personal protective equipment);

"emergency services" include—

(a) police, fire, rescue and ambulance services;

(b) Her Majesty's Coastguard;

"employment medical adviser" means an employment medical adviser appointed under section 56 of the Health and Safety at Work etc. Act 1974;

    (3) No exposure to asbestos will be sporadic and of low intensity within the meaning of paragraph (2)(a) if the concentration of asbestos in the atmosphere when measured in accordance with the 1997 WHO recommended method or by a method giving equivalent results to that method approved by the Health and Safety Commission exceeds or is liable to exceed the concentration approved in relation to a specified reference period for the purposes of this paragraph by the Health and Safety Commission.

    (4) Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work activity carried out by the employer except that the duties of the employer—

(a) under regulation 10 (information, instruction and training) shall not extend to persons who are not his employees unless those persons are on the premises where the work is being carried out; and

(b) under regulation 22 (health records and medical surveillance) shall not extend to persons who are not his employees.

    (5) Regulation 17, insofar as it requires an employer to ensure that premises are thoroughly cleaned, shall not apply—

(a) every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom; or

(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom,

and where there is more than one such dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.

    (2) Every person shall cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with his duties under this regulation.

    (3) In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.

    (4) In making the assessment—

(a) such steps as are reasonable in the circumstances shall be taken; and

(b) the condition of any asbestos which is, or has been assumed to be, present in the premises shall be considered.

    (5) Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that—

(a) account is taken of building plans or other relevant information and of the age of the premises; and

(b) an inspection is made of those parts of the premises which are reasonably accessible.

    (6) The dutyholder shall ensure that the assessment is reviewed forthwith if—

(a) there is reason to suspect that the assessment is no longer valid; or

(b) there has been a significant change in the premises to which the assessment relates.

    (7) The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.

    (8) Where the assessment shows that asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that—

(a) a determination of the risk from that asbestos is made;

(b) a written plan identifying those parts of the premises concerned is prepared; and

(c) the measures which are to be taken for managing the risk are specified in the written plan.

    (9) The measures to be specified in the plan for managing the risk shall include adequate measures for—

(a) monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;

(b) ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and

(c) ensuring that information about the location and condition of any asbestos or any such substance is—


(i) provided to every person liable to disturb it, and

(ii) made available to the emergency services.

    (10) The dutyholder shall ensure that—

(a) the plan is reviewed and revised at regular intervals, and forthwith if—


(i) there is reason to suspect that the plan is no longer valid, or

(ii) there has been a significant change in the premises to which the plan relates;



(b) the measures specified in the plan are implemented; and

(c) the measures taken to implement the plan are recorded.

    (11) In this regulation, a reference to—

(a) "the assessment" is a reference to the assessment required by paragraph (3);

(b) "the premises" is a reference to the non-domestic premises referred to in paragraph (1); and

(c) "the plan" is a reference to the plan required by paragraph (8).

    (2) Without prejudice to the generality of paragraph (1), the risk assessment shall—

(a) subject to regulation 5, identify the type of asbestos to which employees are liable to be exposed;

(b) determine the nature and degree of exposure which may occur in the course of the work;

(c) consider the effects of control measures which have been or will be taken in accordance with regulation 11;

(d) consider the results of monitoring of exposure in accordance with regulation 19;

(e) set out the steps to be taken to prevent that exposure or reduce it to the lowest level reasonably practicable;

(f) consider the results of any medical surveillance that is relevant; and

(g) include such additional information as the employer may need in order to complete the risk assessment.

    (3) The risk assessment shall be reviewed regularly, and forthwith if—

(a) there is reason to suspect that the existing risk assessment is no longer valid;

(b) there is a significant change in the work to which the risk assessment relates; or

(c) the results of any monitoring carried out pursuant to regulation 19 show it to be necessary,

    (3) A licence under this regulation—

(a) shall come into operation on the date specified in the licence, and shall be valid for any period up to a maximum of three years that the Executive may specify in it; and

(b) may be granted subject to such conditions as the Executive may consider appropriate.

    (4) The Executive may vary the terms of a licence under this regulation if it considers it appropriate to do so and in particular may—

(a) add further conditions and vary or omit existing ones; and

(b) reduce the period for which the licence is valid or extend that period up to a maximum of three years from the date on which the licence first came into operation.

    (5) The Executive may revoke a licence under this regulation if it considers it appropriate to do so.

    (6) The holder of a licence under this regulation shall return the licence to the Executive—

(a) when required by the Executive for any amendment; or

(b) following its revocation.

    (2) The information, instruction and training required by paragraph (1) shall be—

(a) given at regular intervals;

(b) adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and

(c) provided in a manner appropriate to the nature and degree of exposure identified by the risk assessment, and so that the employees are aware of—


(i) the significant findings of the risk assessment, and

(ii) the results of any air monitoring carried out with an explanation of the findings.

    (2) Where it is not reasonably practicable for the employer to prevent the exposure of his employees to asbestos in accordance with paragraph (1)(a), the measures referred to in paragraph (1)(b)(i) shall include, in order of priority—

(a) the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials in order to avoid or minimise the release of asbestos; and

(b) the control of exposure at source, including adequate ventilation systems and appropriate organisational measures,

and the employer shall so far as is reasonably practicable provide the employees concerned with suitable respiratory protective equipment in addition to the measures required by sub-paragraphs (a) and (b).

    (3) Where it is not reasonably practicable to reduce the exposure of an employee to asbestos to below the control limit by the measures referred to in paragraph (1)(b)(i), then, in addition to taking those measures, the employer shall provide that employee with suitable respiratory protective equipment which will reduce the concentration of asbestos in the air inhaled by the employee (after taking account of the effect of that respiratory protective equipment) to a concentration which is—

(a) below the control limit; and

(b) is as low as is reasonably practicable.

    (4) Personal protective equipment provided by an employer in accordance with this regulation or with regulation 14(1) shall be suitable for its purpose and shall—

    (2) Asbestos areas and respirator zones shall be clearly and separately demarcated and identified by notices indicating—

(a) that the area is an asbestos area or a respirator zone or both, as the case may be; and

(b) in the case of a respirator zone, that the exposure of an employee who enters it is liable to exceed the control limit and that respiratory protective equipment must be worn.

    (3) The employer shall not permit any employee, other than an employee who by reason of his work is required to be in an area designated as an asbestos area or a respirator zone, to enter or remain in any such area and only employees who are so permitted shall enter or remain in any such area.

    (4) Every employer shall ensure that only competent employees shall—

(a) enter a respirator zone; and

(b) supervise any employees who enter a respirator zone,

and for the purposes of this paragraph a competent employee means an employee who has received adequate information, instruction and training.

    (5) Every employer shall ensure that—

(a) his employees do not eat, drink or smoke in an area designated as an asbestos area or a respirator zone; and

(b) arrangements are made for such employees to eat or drink in some other place.

    (2) Paragraph (1) shall not apply where—

(a) the exposure of an employee is not liable to exceed the control limit; or

(b) the employer is able to demonstrate by another method of evaluation that the requirements of regulation 11(1) and (5) have been complied with.

    (3) The employer shall keep a suitable record of—

(a) monitoring carried out in accordance with paragraph (1); or

(b) where he decides that monitoring is not required because paragraph 2(b) applies, the reason for that decision.

    (4) The record required by paragraph (3), or a suitable summary thereof, shall be kept—

(a) in a case where exposure is such that a health record is required to be kept under regulation 22 for at least 40 years; or

(b) in any other case, for at least 5 years,

from the date of the last entry made in it.

    (5) In relation to the record required by paragraph (3), the employer shall—

(a) on reasonable notice being given, allow an employee access to his personal monitoring record;

(b) provide the Executive with copies of such monitoring records as the Executive may require; and

(c) if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all monitoring records kept by him.

    (2) Subject to regulation 3(2), every employer shall ensure that each of his employees who is exposed to asbestos is under adequate medical surveillance by a relevant doctor.

    (3) The medical surveillance required by paragraph (2) shall include—

(a) a medical examination not more than 2 years before the beginning of such exposure; and

(b) periodic medical examinations at intervals of not more than 2 years or such shorter time as the relevant doctor may require while such exposure continues,

and each such medical examination shall include a specific examination of the chest.

    (4) Where an employee has been examined in accordance with paragraph (3), the relevant doctor shall issue a certificate to the employer and employee stating—

(a) that the employee has been so examined; and

(b) the date of the examination,

and the employer shall keep that certificate or a copy thereof for at least 4 years from the date on which it was issued.

    (5) An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such examination and tests as may be required for the purposes of paragraph (3) and shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.

    (6) Where, for the purpose of carrying out his functions under these Regulations, a relevant doctor requires to inspect any record kept for the purposes of these Regulations, the employer shall permit him to do so.

    (7) Where medical surveillance is carried out on the premises of the employer, the employer shall ensure that suitable facilities are made available for the purpose.

    (8) The employer shall—

(a) on reasonable notice being given, allow an employee access to his personal health record;

(b) provide the Executive with copies of such personal health records as the Executive may require; and

(c) if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all personal health records kept by him.

    (9) Where, as a result of medical surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor to be the result of exposure to asbestos at work the employer of that employee shall—

(a) ensure that a suitable person informs the employee accordingly and provides the employee with information and advice regarding further medical surveillance;

(b) review the risk assessment;

(c) review any measure taken to comply with regulation 11 taking into account any advice given by a relevant doctor or by the Executive;

(d) consider assigning the employee to alternative work where there is no risk of further exposure to asbestos, taking into account any advice given by a relevant doctor; and

(e) provide for a review of the health of every other employee who has been similarly exposed, including a medical examination (which shall include a specific examination of the chest) where such an examination is recommended by a relevant doctor or by the Executive.

    (2) The facilities provided under paragraph (1) for the storage of—

(a) personal protective clothing;

(b) personal clothing not worn during working hours; and

(c) respiratory protective equipment,

unless it is in a sealed receptacle or, where more appropriate, sealed wrapping, clearly marked in accordance with paragraphs (2) and (3) showing that it contains asbestos.

    (2) Raw asbestos shall be labelled in accordance with the provisions of Schedule 2.

    (3) Waste containing asbestos shall be labelled—

"asbestos cement" means a material which is predominantly a mixture of cement and chrysotile and which when in a dry state absorbs less than 30% water by weight;

"asbestos spraying" means the application by spraying of any material containing asbestos to form a continuous surface coating;

"extraction of asbestos" means the extraction by mining or otherwise of asbestos as the primary product of such extraction, but shall not include extraction which produces asbestos as a by-product of the primary activity of extraction;

"supply" means supply by way of sale, lease, hire, hire-purchase, loan, gift or exchange for a consideration other than money, whether (in all cases) as principal or as agent for another; and

"use" in relation to asbestos or any product to which asbestos has intentionally been added means—

(a) putting asbestos or any product to which asbestos has intentionally been added to use for the first time; or

(b) putting asbestos or any product to which asbestos has intentionally been added which has been in use before to a new use.

    (2) Any prohibition imposed on any person by this Part shall apply only to acts done in the course of a trade, business or other undertaking (whether for profit or not) carried on by him.

    (3) Any prohibition imposed by this Part on the importation into the United Kingdom, or on the supply or use of asbestos shall not apply to the importation, supply or use of asbestos solely for the purposes of research, development or analysis.

    (4) Where in this Part it is stated that asbestos has intentionally been added to a product or is intentionally added, it will be presumed where—

(a) asbestos is present in any product; and

(b) asbestos is not a naturally occurring impurity of that product, or of any component or constituent thereof,

    (3) Paragraph 2(a) shall not apply to a building in which, prior to 1st March 1988, there was carried out a process to which either—

(a) the name and address of the notifier and the address and telephone number of his usual place of business;

(b) a brief description of—


(i) the location of the work site,

(ii) the types of asbestos to be used or handled (classified in accordance with regulation 2),

(iii) the maximum quantity of asbestos of each type to be held at any one time at the premises at which the work is to take place,

(iv) the activities and processes involved,

(v) the number of workers involved, and

(vi) the measures taken to limit the exposure of employees to asbestos, and



(c) the date of the commencement of the work and its expected duration.

(a) Council Directive 76/769/EEC ("the Marketing and Use Directive") (OJ No L 262, 27.9.76, p.201), as amended by Council Directives 83/478/EEC (OJ No L 263, 24.9.83 p.33) and 85/467/EEC (OJ No L 269, 11.10.85 p.56), and Commission Directives 91/659/EEC (OJ No L 363, 31.12.91 p.36) and 1999/43/EC (OJ No L 207, 6.8.99 p.18), on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations, insofar as it relates to asbestos;

(b) Council Directive 83/477/EEC (OJ No L 263, 24.9.83, p.25) as amended by Council Directive 91/382/EEC (OJ No L 206, 29.7.91 p.16) and Directive 2003/18/EC of the European Parliament and of the Council (OJ No L 97, 15.4.03, p.48) on the protection of workers from the risks related to exposure to asbestos at work;

(c) Council Directive 90/394/EEC (OJ No L 196, 26.7.90, p.38) on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) insofar as it relates to asbestos; and

(d) Council Directive 98/24/EC (OJ No L131, 5.5.93, p.11) on the protection of the health and safety of workers from the risks related to exposure to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) insofar as it relates to risks to health from exposure to asbestos.

     2. The licensing requirements of the Asbestos (Licensing) Regulations 1983 (S.I. 1983/1649, as amended by S.I. 1998/3233) are re-enacted in regulation 8, and licenses made subject to a maximum duration of three years. Provision for exemptions is made in regulation 32(1) and for the validity of existing licenses in regulation 35(1).

     3. Part 3 of the regulations re-enact the prohibitions in the Asbestos (Prohibitions) Regulations 1992 (S.I. 1992/3067, as amended by S.I. 1999/2373, S.I. 1999/2977 and S.I. 2003/1889) in updated form omitting expired derogations. Provision for exemptions is carried forward in regulations 32(2) and 33.

     4. Part 2 of the Regulations replaces the Control of Asbestos at Work Regulations 2002 (S.I. 2002/2675) and in addition to minor and drafting amendments makes changes of substance including the following —

(a) includes certain further definitions and introduce a new control limit common to all types of asbestos and lower than that applying previously to any (regulation 2(1));

(b) provides for the measurement of the control limit by the 1997 World Health Organisation ("WHO") recommended method set out in the publication “Determination of airborne fibre concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method), WHO Geneva 1997 (ISBN 92 4 154496 1) (regulation 2(1));

(c) applies the duties in the regulations to all work with asbestos, save for exceptions in respect of licensing, notification, accident and emergency arrangements, asbestos areas and health surveillance in respect of sporadic and low intensity exposure (regulation 3(2));

(d) disapplies these Regulations in respect of ships other than naval ships (regulation 3(6));

(e) extends the list of topics on which information, instruction and training must be given to employees (regulation 10(1));

(f) provides for the provision of respiratory protective equipment so far as is reasonably practicable to any employee who is exposed to asbestos (regulation 11(2));

(g) provides that the control limit shall not be exceeded and for the actions to be taken if this should occur (regulation 11(5));

(h) provides that only competent persons should enter respirator zones or supervise employees in respirator zones (regulation 18(4));

(i) provides for accreditation of persons who are requested to assess premises for the issue of a site clearance certificate for reoccupation (regulation 20(4)); and

(j) omits labelling requirements which are now found in Part 3 (regulation 30).