The Environmental Protection Act 1990
To prevent the pollution from emissions to air, land or water from scheduled processes the concept of integrated pollution control has been introduced. Authorisation to operate the relevant processes must be obtained from the enforcing authority which, for the more heavily polluting industries, is HM Inspectorate of Pollution. Control of pollution to air from the less heavily polluting processes is through the local authority.
Regulations also place a 'duty of care' on all those involved in the management of waste, be it collecting, disposing or treating Controlled Waste which is subject to licensing.
In addition to extending the Clean Air Acts by including new measures to control nuisances, the Regulations introduce litter control; amend the Radioactive Substances Act 1960; regulate genetically modified organisms; regulate the import and export of waste; regulate the supply, storage and use of polluting substances and allow the setting up of contaminated land registers by the local authority. In 1991 the Water Act 1989 that controlled the pollution and supply of water was replaced by five separate Acts.
The Asbestos (Licensing) Regulations) 1983
These regulations cover all work involving asbestos insulation and asbestos coating and relate to any material containing asbestos that is used for thermal, acoustic or other insulation purposes including fire protection. Asbestos cement and asbestos board are outside these regulations. Every operator undertaking work involving listed types of asbestos materials must possess a licence issued by the HSE. However no license is required where:
- the person carrying out the work spends no more than one hour a week on it and,
- the total time so spent in any factory does not exceed two hours per week; or
- the work is carried out by employees of the occupier; or
- the work consists only of taking air samples of material samples for identification
Applications for a license; if not already held, must be made 28 days before any work is started. When issued, the licence may contain restrictions or conditions which if not obeyed, or the licensee is convicted of certain offences, may cause the licence to be revoked.
If the work is to be undertaken by the occupier's own employees, 28 days notice - or shorter period if agreed - must be given to the enforcing authority. The employer is required to tell those carrying out the work about the material they will be handling and give them any necessary training. He must also ensure that any exposure to the dust is kept as low as reasonably practicable.
Everyone who works with asbestos must be medically examined before commencing the work and re-examined at least once in every two years. Where relevant the HSE may grant exemptions to any of these requirements provided it is satisfied that the health of anyone affected will not be prejudiced as a result.
The Control of Asbestos at Work Regulation 1987
In general, the duties of employers with respect to employees apply also to other persons who may be affected by the work activity. Prior to doing any work in which persons would or are liable to be affected by asbestos, the asbestos must be identified or assumed not to be chrysotile alone, treated accordingly and an assessment of the exposure must be made. The assessment shall determine the nature and degree of exposure and the steps to be taken to prevent exposure or to reduce it to the lowest reasonably practical level.
Unless the employer is licensed under the Asbestos (Licensing) Regulations of the exposure will not exceed the action level (that is where the cumulative exposure in a 12 week period to chrysotile is 96-fibre hours per millilitre of air, or for other types of asbestos 48 fibre-hours per millilitre of air) he shall not commence any work until 28 days after he has notified the enforcing authority in writing of his intention to carry out the work. However the enforcing authority may agree to a shorter time.
Employees who are liable to be exposed to asbestos or to do work in connection with the employer's duties under the regulations are to be given adequate information, instruction and training.
Exposure of employees to asbestos should be prevented, but where this is not reasonably practicable exposure should be reduced to the lowest reasonable level and, if necessary, suitable respiratory protective equipment should be provided. Where practicable a less hazardous substance should be substituted for asbestos. Control measures, including personal protective equipment, shall be used and maintained and, in the case of exhaust ventilation equipment regularly examined and tested at suitable intervals by a competent person.
Adequate and suitable protective clothing shall be provided and shall be cleaned at suitable intervals or disposed of as asbestos waste. If the cleaning is not carried out on the premises, special packing arrangements are required. Employers shall provide washing and changing facilities and storage for both protective clothing and for personal clothing not worn during working hours.
The employer has a duty to prevent the spread of asbestos from the place of work. Premises or parts of premises, where asbestos work is carried out are to be kept in a clean state. Where a manufacturing process gives rise to asbestos dust the premises shall be designed and constructed to facilitate cleaning and be equipped with a vacuum cleaning system, preferably fixed. Designated areas shall be demarcated and identified by notices, as an 'asbestos area' when exposure exceeds, or would be liable to exceed, the action level and as a 'respirator zone' when the concentration of asbestos would exceed, or be liable to exceed, the control limit (which for chrysotile is 0.5 fibres per millilitre of air averaged over 4 hours, or 1.5 fibres per millilitre of air over 10 minutes; for other types of asbestos the levels are 0.2 fibres and 0.6 fibres respectively). Employees must not eat, drink or smoke in a designated area. When monitoring is appropriate for protection of the health of those employed, it shall be done and the records of monitoring kept for at least 5 years.
Employers should prepare a plan of work when asbestos is being removed from any building, plant, skip or the like. The written plan should include the nature and probable duration of the work, the location of the place of work, the methods to be applied when handling the asbestos or materials containing asbestos and the equipment for protection and decontamination.
Employees exposed to asbestos concentrations in excess of the action level shall be medically examined and the records kept for at least 40 years after the date of the last entry. The affected employees must be kept under medical surveillance by an Employment Medical Adviser or appointed doctor. The medical surveillance shall include a medical examination incorporating a specific examination of the chest that should have occurred not more than two years before the beginning of the exposure and thereafter at intervals not exceeding two years. Certificates of examination shall be kept for four years and a copy given to the employee.
When raw asbestos or waste is stored, received into or dispatched from any place of work or is distributed; suitably sealed containers clearly marked to show they contain asbestos must be used. No person is to supply any product or component containing asbestos unless it is labelled in accordance with the Regulation. Approved Codes of Practice have been issued in connection with these Regulations. 1.2
This page is sponsored by Professional Health and Safety Consultants Ltd. Phone Internationally: +44 2087787838 or UK London 020 8778 7838 for all your health and safety requirements.
