The Control of Asbestos Regulations 2012 ("CAR 2012") are due to come into force on 6 April 2012, revoking The Control of Asbestos Regulations 2006 ("CAR 2006"). These changes will affect anyone who owns, occupies, manages, or otherwise has responsibilities for the maintenance and repair of buildings that may contain asbestos.

This amendment is in response to the European Commission's view that the UK has failed to fully implement Article 3(3) of the corresponding Directive. Article 3(3) deals with exemptions in relation to low risk work with asbestos. The European Commission considers that CAR 2006 applies these exemptions more widely than the Directive allows. Currently work falls into one of two categories: licensed and non-licensed, and non-licensed work is exempt from certain requirements. CAR 2012 will split the non-licensed work category into two, creating a third category of work known as "notifiable non-licensed work" ("NNLW"). Work falling into the NNLW category will no longer benefit from the exemptions.

In practice, the changes are relatively limited. The main consequence is that some types of non-licensed work will now require employers to (i) provide notification of the work; (ii) ensure workers have a medical examination at least once every three years; and (iii) keep a record of the type and duration of work done with asbestos for 40 years along with copies of all medical records. It should be noted that, in relation to medical examinations for non-licensed work, a three year transition period to 30 April 2015 will apply providing employers with time to put suitable arrangements in place. Licensed workers will not require an additional medical to carry out notifiable non-licensed work.

Under CAR 2012 work will now only be non-notifiable if:

(a) the exposure to asbestos of employees is sporadic and of low intensity;

(b) it is clear from the risk assessment that the exposure to asbestos of any employee will not exceed the control limit; and

(c) the work involves:

  • short, non-continuous maintenance activities in which only non-friable materials are handled; or
  • removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix; or
  • encapsulation or sealing of asbestos-containing materials which are in good condition; or
  • air monitoring and control, and the collection and analysis of samples to ascertain whether a specific material contains asbestos.

It should be noted that all other requirements remain unchanged. This includes identification, risk assessments, plans of work, the asbestos control limit, training requirements and medical surveillance arrangements for licensed work.

Going forward, further guidance will be published on the HSE's Asbestos website from 6 April. Click here for more information

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

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The original publication date for this article was 03/04/2012.