On the 13 November, the Control of Asbestos Regulations 2006
came into force. The new regulations are expected to reduce
potential future deaths from asbestos related diseases.
The new regulations will further protect workers likely to be
exposed to asbestos fibres, placing increased duties on employers.
There are also duties placed on others including those in control
of non-domestic premises who must manage asbestos in those
premises.
The regulations will introduce a single limit for working with
asbestos, meaning the level of asbestos fibres in the air cannot
exceed a set amount. This will be lower than any previous limits.
The Regulatory Impact Assessment estimates that this will prevent
around 40 asbestos workers’ deaths over the next 50 years.
The regulations set out specific mandatory training for those
working with asbestos. They will provide a clearer set of controls
to be used for reducing exposure, with anyone carrying out asbestos
removal work to be accredited by United Kingdom Accreditation
Service (UKAS).
The Asbestos Regulations consolidate and replace the Control of
Asbestos at Work Regulations 2002, the Asbestos (Licensing)
Regulations 1983 (as amended), and the Asbestos (Prohibitions)
Regulations 1992 (as amended), with a single set of
regulations.
Over the next 50 years, the regulations as a whole are expected
to prevent around 6,500 occupational deaths from asbestos exposure.
However, the proposals to deregulate work with certain
asbestos-containing materials has caused some controversy.
Andrew Morgan, Partner in the
Asbestos Claims Department of Field Fisher
Waterhouse LLP, says:
"The consolidation of earlier legislation and the tightening
of certain duties are both welcome but deregulation sends the wrong
message. It is simply naïve to expect cowboy firms to meet more
stringent standards when they are freed from the existing
certification process. It is the control of firms through
certification, not the regulations alone, that guarantees high
standards that protect employees and the public. There is little
point raising standards if compliance isn’t monitored."
Field Fisher Waterhouse LLP’s Asbestos
Claims Department has recovered over £100M compensation for
clients in over 1,750 cases.
For further information, please contact Andrew Morgan, Rodney
Nelson-Jones or Peter Williams on
020 7861 4000.