S.I. No. 276/1993 - European Communities (Protection of Workers) (Exposure To Asbestos) (Amendment) Regulations, 1993.

I, RUAIRÍ QUINN, Minister for Enterprise and Employment, in exercise of the powers conferred on my by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 91/382/EEC of 25th June, 1991⁽¹⁾, hereby make the following Regulations:—

⁽¹⁾ O.J. No. L206,29.7.91, p.16.

1. (1) These Regulations may be cited as the European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations, 1993.

(2) These Regulations shall come into operation on the 1st day of October, 1993.

(3) The Principal Regulations and these Regulations may be cited together as the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations, 1989 and 1993.

2. In these Regulations "the Principal Regulations" means the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations, 1989 ( S.I. No. 34 of 1989 ).

3. Regulation 2 (1) of the Principal Regulations is hereby amended by the substitution of the following definition for the definition of "appointed doctor":

" 'appointed doctor' means a registered medical practitioner engaged by an employer for the purpose of carrying out a health assessment in accordance with these Regulations;".

4. The following Regulation is hereby substituted for Regulation 5 of the Principal Regulations:

"5. (1) The action level in respect of the concentration of asbestos fibres in the air at a place of work shall be reached when such concentration as measured or calculated is, in the absence of any individual protective equipment, equal to or in excess of—

( a ) for chrysotile—

(i) 0.2 fibres per millilitre of air in relation to an eight-hour reference period, or

(ii) a cumulative exposure of 12 fibre-days per millilitre of air over a period of three months;

( b ) for all other forms of asbestos either alone or in mixtures (including mixtures containing chrysotile)—

(i) 0.1 fibres per millilitre of air in relation to an eight-hour reference period, or

(ii) a cumulative exposure of 6 fibre-days per millilitre of air over a period of three months.".

5. The following Regulation is hereby substituted for Regulation 6 of the Principal Regulations:

"6. The limit values for the concentration of asbestos fibres in the air at a place of work when measured or calculated in relation to an eight-hour reference period shall be—

( a ) for chrysotile — 0.6 fibres per millilitre of air,

( b ) for all other forms of asbestos either alone or in mixtures (including mixtures containing chrysotile) — 0.3 fibres per millilitre of air.".

6. Regulation 7 of the Principal Regulations is hereby amended by the addition of the following paragraph:

"(2) Without prejudice to the provisions of Regulation 15, a person shall not engage in work procedures involving any insulating or soundproofing materials having a density of less than one gram per cubic centimetre, where such materials contain asbestos.".

7. (1) Regulation 8 (2) (c) of the Principal Regulations is hereby amended by the deletion of "in addition to complying with Regulation 7 of the Regulations of 1975,".

(2) Regulation 8 (2) (d) of the Principal Regulations is hereby amended by the deletion of "in addition to complying with Part III of the Regulations of 1975,".

(3) Regulation 8 (2) (f) of the Principal Regulations is hereby amended by the deletion of "in addition to complying with Part IV of the Regulations of 1975," and of "and in situations where Regulation 17 of those Regulations does not apply,".

8. Regulation 11 of the Principal Regulations is hereby amended by the insertion of the following paragraph after paragraph (4):

"(5) Provided that an employer submits a notification before commencing any activity mentioned in paragraph (1), the requirement to submit a 28-day prior notification in accordance with that paragraph shall not apply to the loading, unloading or handling of asbestos, or any process incidental thereto, at a dock, harbour, canal, wharf, quay or warehouse.".

9. Regulation 13 of the Principal Regulations is hereby amended by the substitution of the following paragraph for paragraph (3):

"(3) Where the steps taken to protect employees by virtue of paragraph (1) (c) involve the wearing of individual respiratory protective equipment by an employee where exposure to asbestos cannot reasonably be reduced by other means, the work shall be so organised that the wearing of such equipment shall not be permanent and shall be kept to the strict minimum necessary for each employee.".

10. Regulation 15 (1) of the Principal Regulations is hereby amended by the addition of the following subparagraphs:

"and

( d ) include information on:

(i) the nature and probable duration of the work,

(ii) the place where the work is carried out, and

(iii) the methods applied where the work involves the handling of asbestos or of materials containing asbestos, and

( e ) include information on the characteristics of the equipment used for:

(i) protection and decontamination of the employees carrying out the work, and

(ii) protection of other persons present on or near the worksite.".

11. (1) Regulation 19 (1) of the Principal Regulations is hereby amended by the deletion of "In addition to complying with Regulations 8, 18 and 19 of the Regulations of 1975,".

(2) Regulation 19 (1) (b) of the Principal Regulations is hereby amended by the deletion of "in accordance with Regulation 19 of the Regulations of 1975".

(3) Regulation 19 (1) (c) of the Principal Regulations is hereby amended by the deletion of "notwithstanding Regulation 14 of the Regulations of 1975,".

(4) Regulation 19 (3) of the Principal Regulations is hereby amended by the deletion of "Regulations 8, 18 or 19 of the Regulations of 1975".

12. The First Schedule to the Principal Regulations is hereby amended by the insertion of the following footnote:

"⁽¹⁾ Number in the register of the Chemical Abstract Service (CAS).".

13. Regulations 3 (2), 18 (1) (b), 21 and 29 of the Principal Regulations are hereby revoked.

GIVEN under my Official Seal, this 17th day of September, 1993.

RUAIRÍ QUINN,

Minister for Enterprise and Employment.

EXPLANATORY NOTE.

The purpose of these Regulations is to implement Council Directive 83/477/EEC as amended by Directive 91/382/EEC on the protection of workers from the risks related to exposure to asbestos at work.

The Regulations amend the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations, 1989 ( S.I. No. 34 of 1989 ), which apply to all work which exposes persons to risk arising from the inhalation of asbestos.

The Regulations aim to protect the health of employees by reducing the level of exposure to asbestos fibres in the workplace, by setting lower exposire limits for asbestos fibre concentrations in air and banning the use of low density asbestos materials. The Regulations also amend the requirements of the plan which must be prepared in advance of any demolition work involving asbestos.