The Control of Asbestos Regulations 2006 ("The new Regulations") came into force on 13 November 2006.  The three main effects of the new Regulations are (i) the introduction of a single, more stringent control limit; (ii) a change in the approach to determining when a license is required; and (iii) placing more onerous training requirements on all employers whose employees may be exposed to asbestos.  

The changes affect employers of those who may be exposed to asbestos, the self-employed and other "duty holders" (e.g. landlords with an obligation to maintain).

Simpler but stricter limits
The new Regulations introduce a more stringent single control limit of 0.1 asbestos fibres per cm3 of air (averaged over 4 hours) for work with all types of asbestos. Work includes removal, repair or disturbance of asbestos and associated activities.  This replaces the previous distinction between the chrysotile (white asbestos) control limit of 0.3 fibres per cm3 of air and the 0.2 fibres per cm3 of air control limit for other forms of asbestos (including blue and brown asbestos).

The reasoning behind this is that chrysotile asbestos (which is considered to be the less dangerous form) may be contaminated with other more dangerous forms of asbestos.

The new Regulations have removed references to "action level".  The duty to minimise exposure to asbestos is now solely defined by reference to the single control limit rather than by reference to control limits and "action levels"  (based on cumulative exposure over a 12 week period).

Licensing Regime
The new Regulations change the approach to determining whether work with asbestos is licensable or not.  There are no absolute exemptions from licensing in the new Regulations.  The decision as to whether particular work is licensable is now based on risk. 

Work is only exempt from licensing if:

• the exposure is "sporadic and low intensity" (exposure to asbestos cannot be considered to be sporadic and low intensity if the concentration of asbestos in the atmosphere is liable to exceed 0.6 fibres per centimetre3 of air measured over 10 minutes in any working day);  
• there has been a satisfactory risk assessment which demonstrates that the exposure shall not exceed the control limit; and  
• the activity falls within a "specified list" which includes: short, non-continuous maintenance activities; encapsulation of asbestos containing materials which are in good condition; air monitoring and collection and analysis of samples; and the "removal of materials in which the asbestos fibres are firmly linked in the matrix", for example textured decorative coatings which contain asbestos and asbestos cement.

The new Regulations also introduce a new asbestos fibre counting method by requiring  analysis of the concentration of asbestos in the air to be measured in accordance with the 1997 World Health Organisation recommended method.

Licences are also now limited to a maximum 3 year period.

Training and Accreditation
The new Regulations introduce more prescriptive training requirements. For example, all employees who are liable to be exposed to asbestos must be aware of the types of products and materials likely to cause asbestos; the operations which could result in asbestos exposure; safe working practices and preventative controls; and the selection and use of respiratory protective equipment.  These requirements apply to all employees whose work could forseeably expose them to asbestos, including construction and demolition workers, architects, building surveyors, electricians, plumbers, general maintenance staff, telecoms engineers and so on. 

More detailed training requirements are set out in the ACoP Work with Materials Containing Asbestos for workers carrying out non-licensed work with asbestos and for licensed contractors. 

The new Regulations also require persons engaged to carry out air measurement and employee exposure monitoring and site clearance certification for re-occupation to be accredited by the United Kingdom Accreditation Service (UKAS).

Additional ACoPs
There are two Approved Codes of Practice (ACoP's) providing practical guidance on how to comply with the Regulations. 

Work with Materials Containing Asbestos – ACoP L143 is intended to give details of what work is licensable, what training is necessary and how to undertake work with asbestos containing materials.  An updated ACoP, the Management of Asbestos in Non-Domestic Premises, L127 has also been published.

For further information please contact: Tom Stocker e Tom.Stocker@pinsentmasons.com  or Fiona Clarke e Fiona.Clarke@pinsentmasons.com 

The information contained in this article is not a comprehensive statement of the law and is intended to be a synopsis only. Before acting on it detailed professional advice should be taken. Contact details for Pinsent Masons’ offices can be viewed from the External Websites section.