The HSE has launched a consultation on changes to the content of an asbestos-related Approved Code of Practice (ACoP) that will consolidate two existing documents.
Following an initial consultation in June 2012, it was agreed by the HSE Board that a number of ACoPs would be revised, consolidated or withdrawn in line with a recommendation from the 2011 Löfstedt review.
For the ACoPs dealing with the Control of Asbestos Regulations 2012 (CAR 2012), L127 (The management of asbestos in non-domestic premises) and L143 (Work with materials containing asbestos), the proposal to consolidate the two ACoPs into a single revised ACOP (L143) was approved.
The earlier consultation found almost 90% of stakeholders were in favour of a single merged ACoP. However, they were concerned about the clarity of the existing definition of work with asbestos, which does not require a licensed contractor but which is still notifiable to the authorities (such as removal of degraded asbestos cement or damaged insulation.
The new draft L143 has a more detailed explanation of this kind of work.
Respondents were also worried the explanation of employers and premises owners duty to manage asbestos under Regulation 4 of CAR 2012 would be diluted in the new merged code.
The HSE says the duty to draw up communicate and update a written plan of the location and management of asbestos containing materials and other responsibilities.
The consultation document says the draft clearly defines dutyholders and their responsibilities.
The executive notes that material supporting Regulation 10 has been reviewed and updated to help employers understand how they should comply with the requirement to inform, instruct and train employees. The draft ACoP also clarifies the legal position on certificates and records of training.
Legal responsibilities to protect workers' health and safety are not altered by any changes to ACoPs. “Dutyholders already complying with the law should not therefore need to change what they are doing,” says the HSE.
The 12-week consultation on the consolidated draft runs until 30 September.
Among other questions, the HSE asks respondents whether it has missed anything in the draft, whether a list of non-domestic premises where CAR2012 applies is adequate and whether its explanation of the requirement to inform and train employees under Regulation 10 is clear.
Subject to the outcome and ministerial approval, the ACoP will be published by the end of the year.
The HSE says it also plans to revise its web guidance on working with asbestos, following complaints in the 2012 consultation that it confuses some dutyholders
For the ACoPs dealing with the Control of Asbestos Regulations 2012 (CAR 2012), L127 (The management of asbestos in non-domestic premises) and L143 (Work with materials containing asbestos), the proposal to consolidate the two ACoPs into a single revised ACOP (L143) was approved.
The earlier consultation found almost 90% of stakeholders were in favour of a single merged ACoP. However, they were concerned about the clarity of the existing definition of work with asbestos, which does not require a licensed contractor but which is still notifiable to the authorities (such as removal of degraded asbestos cement or damaged insulation.
The new draft L143 has a more detailed explanation of this kind of work.
Respondents were also worried the explanation of employers and premises owners duty to manage asbestos under Regulation 4 of CAR 2012 would be diluted in the new merged code.
The HSE says the duty to draw up communicate and update a written plan of the location and management of asbestos containing materials and other responsibilities.
The consultation document says the draft clearly defines dutyholders and their responsibilities.
The executive notes that material supporting Regulation 10 has been reviewed and updated to help employers understand how they should comply with the requirement to inform, instruct and train employees. The draft ACoP also clarifies the legal position on certificates and records of training.
Legal responsibilities to protect workers' health and safety are not altered by any changes to ACoPs. “Dutyholders already complying with the law should not therefore need to change what they are doing,” says the HSE.
The 12-week consultation on the consolidated draft runs until 30 September.
Among other questions, the HSE asks respondents whether it has missed anything in the draft, whether a list of non-domestic premises where CAR2012 applies is adequate and whether its explanation of the requirement to inform and train employees under Regulation 10 is clear.
Subject to the outcome and ministerial approval, the ACoP will be published by the end of the year.
The HSE says it also plans to revise its web guidance on working with asbestos, following complaints in the 2012 consultation that it confuses some dutyholders
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