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STATUTORY INSTRUMENTS

2002 No. 2675

HEALTH AND SAFETY

Control of Asbestos at Work Regulations 2002

Made - - - - 24th October 2002

Laid before Parliament 31st October 2002
Coming into force
All regulations except
regulations 4 and 20 21st November 2002

Regulation 4 21st May 2004

Regulation 20 21st November 2004

The Secretary of State in the exercise of the powers conferred on him by sections 15(1), (2), (4), (5)
(b), (6)(b) and (9), 18(2) and 82(3)(a) of, and paragraphs 1(1) to (4), 3(2), 6(1), 8 to 11, 14, 15(1), 16
and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974F1 ( “the 1974 Act”) and of all
other powers enabling him in that behalf and for the purpose of giving effect without modifications to
proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974
Act after the carrying out by the said Commission of consultations in accordance with section 50(3)
of that Act, hereby makes the following Regulations:

F1 1974 c.37; sections 11(2), 15(1) and 50(3) were amended by the Employment Protection Act 1975
(c.71), Schedule 15, paragraphs 4, 6 and 16(3) respectively.

Citation and commencement

1. These Regulations may be cited as the Control of Asbestos at Work Regulations 2002 and
shall come into force on 21st November 2002 except regulation 4 which shall come into force on
21st May 2004 and regulation 20 which shall come into force on 21st November 2004.

Interpretation
2.—(1) In these Regulations—
“action level” means one of the following cumulative exposures to asbestos over a continuous
12-week period when measured or calculated by a method approved by the Health and Safety
Commission, namely—
(a) where the exposure is solely to chrysotile, 72 fibre-hours per millilitre of air;
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(b) where exposure is to any other form of asbestos either alone or in mixtures including
mixtures of chrysotile with any other form of asbestos, 48 fibre-hours per millilitre of
air; or
(c) where both types of exposure occur separately during the 12-week period concerned, a
proportionate number of fibre-hours per millilitre of air;
“adequate” means adequate having regard only to the nature and degree of exposure to asbestos
and “adequately” shall be construed accordingly;
“appointed doctor” means a registered medical practitioner appointed for the time being in
writing by the Executive for the purpose of these Regulations;
“approved” means approved for the time being in writing by the Health and Safety Commission
or the Executive as the case may be;
“asbestos” means the following minerals, that is to say, crocidolite, amosite, chrysotile, fibrous
actinolite, fibrous anthophyllite or fibrous tremolite or any mixture containing any of those
minerals;
“asbestos area” and “respirator zone” shall be construed in accordance with regulation 17;
“control limit” means one of the following concentrations of asbestos in the atmosphere when
measured or calculated by the reference method described in Annex I to Council Directive
83/477/EECF2 or by a method giving equivalent results to that reference method approved by
the Health and Safety Commission, namely—
(a) for chrysotile—
(i) 0.3 fibres per millilitre of air averaged over a continuous period of 4 hours,
(ii) 0.9 fibres per millilitre of air averaged over a continuous period of 10 minutes;
(b) for any other form of asbestos either alone or in mixtures including mixtures of chrysotile
with any other form of asbestos—
(i) 0.2 fibres per millilitre of air averaged over a continuous period of 4 hours,
(ii) 0.6 fibres per millilitre of air averaged over a continuous period of 10 minutes;
“control measure” means a measure taken to prevent or reduce exposure to asbestos (including
the provision of systems of work and supervision, the cleaning of workplaces, premises,
plant and equipment, the provision and use of engineering controls and personal protective
equipment);
“employment medical adviser” means an employment medical adviser appointed under
section 56 of the Health and Safety at Work etc. Act 1974;
“ISO 17025” means European Standard EN ISO/IEC 17025, “General requirements for
the competence of testing and calibration laboratories” accepted by the Comité Européen
de Normalisation and the Comité Européen de Normalisation Electrotechnique (CEN/
CENELEC) on 6th December 1999 F3 as revised or reissued from time to time;
“medical examination” includes any laboratory tests and X-rays that a relevant doctor may
require;
“personal protective equipment” means all equipment (including clothing) which is intended
to be worn or held by a person at work and which protects that person against one or more
risks to his health, and any addition or accessory designed to meet that objective;
“relevant doctor” means an appointed doctor or an employment medical adviser;
“the risk assessment” means the assessment of risk required by regulation 6(1)(a).
(2) For the purposes of these Regulations, except as specified in regulation 10(4), in determining
whether an employee is exposed to asbestos or whether the extent of such exposure exceeds the

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action level or a relevant control limit, no account shall be taken of respiratory protective equipment
which, for the time being, is being worn by that employee.

F2 OJ No. L 263, 24.9.83, p. 25.

F3 Reference number EN ISO/IEC 17025: 2000.

Duties under these Regulations

3.—(1) Where a duty is placed by these Regulations on an employer in respect of his employees,
he shall, so far as is reasonably practicable, be under a like duty in respect of any other person,
whether at work or not, who may be affected by the work activity carried out by the employer except
that the duties of the employer—
(a) under regulation 9 (information, instruction and training) shall not extend to persons who
are not his employees unless those persons are on the premises where the work is being
carried out; and
(b) under regulation 21 (health records and medical surveillance) shall not extend to persons
who are not his employees.
(2) These Regulations shall apply to a self-employed person as they apply to an employer and
an employee and as if that self-employed person were both an employer and an employee.
(3) Regulation 16(1), insofar as it requires an employer to ensure that premises are thoroughly
cleaned, shall not apply to—
(a) a fire authority in respect of premises attended, for the purpose of fighting a fire or in an
emergency, by a fire brigade maintained by that authority; or
(b) the employer of persons who attend a ship in dock premises for the purpose of fighting a
fire or in an emergency, in respect of any ship so attended,
and in this regulation, “ship” includes all vessels and hovercraft which operate on water or land and
water, and “dock premises” means a dock, wharf, quay, jetty or other place at which ships load or
unload goods or embark or disembark passengers, together with neighbouring land or water which
is used or occupied, or intended to be used or occupied, for those or incidental activities, and any
part of a ship when used for those or incidental activities.

Duty to manage asbestos in non-domestic premises

4.—(1) In this regulation “the dutyholder” means—
(a) every person who has, by virtue of a contract or tenancy, an obligation of any extent in
relation to the maintenance or repair of non-domestic premises or any means of access
thereto or egress therefrom; or
(b) in relation to any part of non-domestic premises where there is no such contract or tenancy,
every person who has, to any extent, control of that part of those non-domestic premises
or any means of access thereto or egress therefrom,
and where there is more than one dutyholder, the relative contribution to be made by each such
person in complying with the requirements of this regulation will be determined by the nature and
extent of the maintenance and repair obligation owed by that person.
(2) Every person shall cooperate with the dutyholder so far as is necessary to enable the
dutyholder to comply with his duties under this regulation.
(3) In order to enable him to manage the risk from asbestos in non-domestic premises, the
dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos
is or is liable to be present in the premises.
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(4) In making the assessment—

(a) such steps as are reasonable in the circumstances shall be taken; and
(b) the condition of any asbestos which is, or has been assumed to be, present in the premises
shall be considered.
(5) Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that—
(a) account is taken of building plans or other relevant information and of the age of the
premises; and
(b) an inspection is made of those parts of the premises which are reasonably accessible.
(6) The dutyholder shall ensure that the assessment is reviewed forthwith if—
(a) there is reason to suspect that the assessment is no longer valid; or
(b) there has been a significant change in the premises to which the assessment relates.
(7) The dutyholder shall ensure that the conclusions of the assessment and every review are
recorded.
(8) Where the assessment shows that asbestos is or is liable to be present in any part of the
premises the dutyholder shall ensure that—
(a) a determination of the risk from that asbestos is made;
(b) a written plan identifying those parts of the premises concerned is prepared; and
(c) the measures which are to be taken for managing the risk are specified in the written plan.
(9) The measures to be specified in the plan for managing the risk shall include adequate measures
for—
(a) monitoring the condition of any asbestos or any substance containing or suspected of
containing asbestos;
(b) ensuring any asbestos or any such substance is properly maintained or where necessary
safely removed; and
(c) ensuring that information about the location and condition of any asbestos or any such
substance is—
(i) provided to every person liable to disturb it, and
(ii) made available to the emergency services.
(10) The dutyholder shall ensure that—
(a) the plan is reviewed and revised at regular intervals, and forthwith if—
(i) there is reason to suspect that the plan is no longer valid, or
(ii) there has been a significant change in the premises to which the plan relates;
(b) the measures specified in the plan are implemented; and
(c) the measures taken to implement the plan are recorded.
(11) In this regulation, a reference to—
(a) “the assessment” is a reference to the assessment required by paragraph (3);
(b) “the premises” is a reference to the non-domestic premises referred to in paragraph (1); and
(c) “the plan” is a reference to the plan required by paragraph (8).

Identification of the type of asbestos

5. An employer shall not carry out work which exposes or is liable to expose his employees to
asbestos unless either—
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(a) before commencing that work, he has identified, by analysis or otherwise, the type of
asbestos involved in the work; or
(b) he has assumed that the asbestos is not chrysotile alone and for the purposes of these
Regulations has treated it accordingly.

Assessment of work which exposes employees to asbestos

6.—(1) An employer shall not carry out work which is liable to expose his employees to asbestos
unless he has—
(a) made a suitable and sufficient assessment of the risk created by that exposure to the health
of those employees and of the steps that need to be taken to meet the requirements of these
Regulations;
(b) recorded the significant findings of that risk assessment as soon as is practicable after the
risk assessment is made; and
(c) implemented the steps referred to in sub-paragraph (a).
(2) Without prejudice to the generality of paragraph (1), the risk assessment shall—
(a) subject to regulation 5, identify the type of asbestos to which employees are liable to be
exposed;
(b) determine the nature and degree of exposure which may occur in the course of the work;
(c) consider the effect of control measures which have been or will be taken in accordance
with regulation 10;
(d) consider the results of monitoring of exposure in accordance with regulation 18;
(e) set out the steps to be taken to prevent that exposure or reduce it to the lowest level
reasonably practicable;
(f) consider the results of relevant medical surveillance; and
(g) include such additional information as the employer may need in order to complete the
risk assessment.
(3) The risk assessment shall be reviewed regularly and forthwith if—
(a) there is reason to suspect that the existing risk assessment is no longer valid;
(b) there is a significant change in the work to which the risk assessment relates; or
(c) the results of any monitoring carried out pursuant to regulation 18 show it to be necessary,
and where, as a result of the review, changes to the risk assessment are required, those changes shall
be made.
(4) Where, in accordance with the requirement in paragraph (2)(b), the risk assessment has
determined that the exposure of his employees to asbestos may exceed the action level, the employer
shall keep a copy of the significant findings of that risk assessment at those premises at which, and
for such time as, the work to which that risk assessment relates is being carried out.

Plans of work
7.—(1) An employer shall not undertake any work with asbestos unless he has prepared a suitable
written plan of work (hereinafter referred to in this regulation as “the plan of work”) detailing how
that work is to be carried out.
(2) The employer shall keep a copy of the plan of work—
(a) at those premises at which; and
(b) for such time as,
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the work to which the plan relates is being carried out.

(3) The plan of work shall include in particular details of—
(a) the nature and probable duration of the work;
(b) the location of the place where the work is to be carried out;
(c) the methods to be applied where the work involves the handling of asbestos or materials
containing asbestos;
(d) the characteristics of the equipment to be used for—
(i) protection and decontamination of those carrying out the work,
(ii) protection of other persons on or near the worksite; and
(e) the measures which the employer intends to take in order to comply with the requirements
of regulation 10.
(4) The employer shall ensure, so far as is reasonably practicable, that the work to which the plan
of work relates is carried out in accordance with that plan.

Notification of work with asbestos

8.—(1) This regulation shall apply to work at the premises of the employer in which an employee
is or is liable to be exposed to asbestos unless—
(a) the extent of that exposure neither exceeds nor is liable to exceed the action level; or
(b) the work is work to which the Asbestos (Licensing) Regulations 1983 F4 apply.
(2) An employer shall not carry out work to which this regulation applies for the first time unless
he has notified the enforcing authority in writing of the particulars specified in Schedule 1 at least 14
days before commencing that work or before such shorter time as the enforcing authority may agree.
(3) Where an employer has notified work in accordance with paragraph (2) and there is a material
change in that work which might affect the particulars so notified (including the cessation of the
work), the employer shall forthwith notify the enforcing authority of that change.

F4 S.I. 1983/1649, as amended by S.I. 1998/3233.

Information, instruction and training

9.—(1) Every employer shall ensure that adequate information, instruction and training is given
to those of his employees—
(a) who are or are liable to be exposed to asbestos, or who supervise such employees, so that
they are aware of—
(i) the significant findings of the risk assessment,
(ii) the risks to health from asbestos,
(iii) the precautions which should be observed, and
(iv) the relevant control limit and action level,
in order to safeguard themselves and other employees; and
(b) who carry out work in connection with the employer’s duties under these Regulations, so
that they can carry out that work effectively.
(2) The information, instruction and training required by paragraph (1) shall be—
(a) given at regular intervals;

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(b) adapted to take account of significant changes in the type of work carried out or methods
of work used by the employer; and
(c) provided in a manner appropriate to the nature and degree of exposure identified by the
risk assessment.

Prevention or reduction of exposure to asbestos

10.—(1) Every employer shall—
(a) prevent the exposure of his employees to asbestos so far as is reasonably practicable;
(b) where it is not reasonably practicable to prevent such exposure—
(i) reduce the exposure of his employees to asbestos to the lowest level reasonably
practicable by measures other than the use of respiratory protective equipment, and
(ii) ensure that the number of his employees who are exposed to asbestos is as low as
is reasonably practicable.
(2) Without prejudice to the generality of paragraph (1), where employees may be exposed to
asbestos in a manufacturing process or in the installation of a product, prevention of such exposure
to asbestos shall be achieved, where it is practicable, by substituting for asbestos a substance which,
under the conditions of its use, does not create a risk to the health of his employees or creates a lesser
risk than that created by asbestos.
(3) Where it is not practicable to avoid the use of asbestos by substitution in accordance with
paragraph (2), the measures referred to in paragraph (1)(b)(i) shall include, in order of priority—
(a) the design and use of appropriate work processes, systems and engineering controls and the
provision and use of suitable work equipment and materials in order to avoid or minimise
the release of asbestos; and
(b) the control of exposure at source, including adequate ventilation systems and appropriate
organisational measures.
(4) Where, in pursuance of paragraph (1), it is not reasonably practicable to reduce the exposure
of an employee to below the control limits which apply to that exposure, then, in addition to taking
the measures required by that paragraph, the employer shall provide that employee with suitable
respiratory protective equipment which will reduce the concentration of asbestos in the air inhaled
by the employee (after taking into account the effect of that respiratory protective equipment) to a
concentration which is as low as is reasonably practicable and in any event below those control limits.
(5) Personal protective equipment provided by an employer in accordance with this regulation
or regulation 13(1) shall be suitable for the purpose and shall—
(a) comply with any provision in the Personal Protective Equipment Regulations 2002 F5

which is applicable to that item of personal protective equipment; or

(b) in the case of respiratory protective equipment, where no provision referred to in sub-
paragraph (a) applies, be of a type approved or shall conform to a standard approved, in
either case, by the Executive.
(6) Every employer shall take immediate steps to remedy the situation where the concentration
of asbestos in air inhaled by any employee exceeds the relevant control limit.
(7) Where asbestos is used in a work process, or is produced by a work process, the employer
shall ensure that the quantity of asbestos and materials containing asbestos at the premises where
that work is carried out is reduced to as low a level as is reasonably practicable.

F5 S.I. 2002/1144.

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Use of control measures etc.

11.—(1) Every employer who provides any control measure, other thing or facility pursuant to
these Regulations shall ensure so far as is reasonably practicable that it is properly used or applied
as the case may be.
(2) Every employee shall make full and proper use of any control measure, other thing or facility
provided pursuant to these Regulations and, where relevant, shall—
(a) take all reasonable steps to ensure it is returned after use to any accommodation provided
for it; and
(b) if he discovers a defect therein report it forthwith to his employer.

Maintenance of control measures etc.

12.—(1) Every employer who provides any control measure to meet the requirements of these
Regulations shall ensure that, where relevant, it is maintained in an efficient state, in efficient
working order, in good repair and in a clean condition.
(2) Where exhaust ventilation equipment or respiratory protective equipment (except disposable
respiratory protective equipment) is provided to meet the requirements of these Regulations, the
employer shall ensure that thorough examinations and tests of that equipment are carried out at
suitable intervals by a competent person.
(3) Every employer shall keep a suitable record of the examinations and tests carried out in
accordance with paragraph (2) and of repairs carried out as a result of those examinations and tests,
and that record or a suitable summary thereof shall be kept available for at least five years from the
date on which it was made.

Provision and cleaning of protective clothing

13.—(1) Every employer shall provide adequate and suitable protective clothing for such of his
employees as are exposed or are liable to be exposed to asbestos, unless no significant quantity of
asbestos is liable to be deposited on the clothes of the employee while he is at work.
(2) The employer shall ensure that protective clothing provided in pursuance of paragraph (1) is
either disposed of as asbestos waste or adequately cleaned at suitable intervals.
(3) The cleaning required by paragraph (2) shall be carried out either on the premises where the
exposure to asbestos has occurred, where those premises are suitably equipped for such cleaning,
or in a suitably equipped laundry.
(4) The employer shall ensure that protective clothing which has been used and is to be removed
from the premises referred to in paragraph (3) (whether for cleaning, further use or disposal) is
packed, before being removed, in a suitable container which shall be labelled in accordance with
the provisions of Schedule 2 as if it were a product containing asbestos or, in the case of protective
clothing intended for disposal as waste, in accordance with regulation 23(3).
(5) Where, as a result of the failure or improper use of the protective clothing provided in
pursuance of paragraph (1), a significant quantity of asbestos is deposited on the personal clothing
of an employee, then for the purposes of paragraphs (2), (3) and (4) that personal clothing shall be
treated as if it were protective clothing.

Arrangements to deal with accidents, incidents and emergencies

14.—(1) Subject to paragraph (3) and without prejudice to the relevant provisions of the
Management of Health and Safety at Work Regulations 1999 F6, in order to protect the health of his
employees from an accident, incident or emergency related to the use of asbestos in a work process

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or to the removal or repair of asbestos-containing materials at the workplace, the employer shall
ensure that—
(a) procedures, including the provision of relevant safety drills (which shall be tested at regular
intervals), have been prepared which can be put into effect when such an event occurs;
(b) information on emergency arrangements, including—
(i) details of relevant work hazards and hazard identification arrangements, and
(ii) specific hazards likely to arise at the time of an accident, incident or emergency,
is available; and
(c) suitable warning and other communication systems are established to enable an
appropriate response, including remedial actions and rescue operations, to be made
immediately when such an event occurs.
(2) The employer shall ensure that information on the procedure and systems required by
paragraph (1)(a) and (c) and the information required by paragraph (1)(b) is—
(a) made available to relevant accident and emergency services to enable those services,
whether internal or external to the workplace, to prepare their own response procedures
and precautionary measures; and
(b) displayed at the workplace, if this is appropriate.
(3) Paragraph (1) shall not apply where—
(a) the results of the risk assessment show that, because of the quantity of asbestos present at
the workplace, there is only a slight risk to the health of employees; and
(b) the measures taken by the employer to comply with the duty under regulation 10(1) are
sufficient to control that risk.
(4) In the event of an accident, incident or emergency related to the unplanned release of asbestos
at the workplace, the employer shall ensure that—
(a) immediate steps are taken to—
(i) mitigate the effects of the event,
(ii) restore the situation to normal, and
(iii) inform any person who may be affected; and
(b) only those persons who are responsible for the carrying out of repairs and other necessary
work are permitted in the affected area and they are provided with—
(i) appropriate respiratory protective equipment and protective clothing, and
(ii) any necessary specialised safety equipment and plant,
which shall be used until the situation is restored to normal.

F6 S.I. 1999/3242.

Duty to prevent or reduce the spread of asbestos

15. Every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest
level reasonably practicable, the spread of asbestos from any place where work under his control
is carried out.

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Cleanliness of premises and plant

16.—(1) Every employer who undertakes work which exposes or is liable to expose his
employees to asbestos shall ensure that—
(a) the premises, or those parts of premises where that work is carried out, and the plant used
in connection with that work are kept in a clean state; and
(b) where such work has been completed, the premises, or those parts of the premises where
the work was carried out, are thoroughly cleaned.
(2) Subject to paragraph (3), where a manufacturing process which gives rise to asbestos dust is
carried out in a building, the employer shall ensure that any part of the building in which the process
is carried out is—
(a) so designed and constructed as to facilitate cleaning; and
(b) is equipped with an adequate and suitable vacuum cleaning system which shall, where
reasonably practicable, be a fixed system.
(3) Paragraph (2)(a) shall not apply to a building in which, prior to 1 March 1988, there was
carried out a process to which either—
(a) as then in force, regulation 13 of the Asbestos Regulations 1969 F7 applied and the process
was carried out in compliance with that regulation; or
(b) that regulation did not apply.

F7 S.I. 1969/690—revoked by S.I. 1987/2115.

Designated areas
17.—(1) Every employer shall ensure that any area in which work under his control is carried
out is designated as—
(a) an asbestos area, where the exposure to asbestos of an employee who worked in that area
for the whole of his working time would exceed or would be liable to exceed the action
level; and
(b) a respirator zone, where the concentration of asbestos in that area would exceed or would
be liable to exceed a relevant control limit.
(2) Asbestos areas and respirator zones shall be clearly and separately demarcated and identified
by notices indicating—
(a) that the area is an asbestos area or a respirator zone or both, as the case may be; and
(b) in the case of a respirator zone, that the exposure of an employee who enters it is liable to
exceed a relevant control limit and, if it does, that respiratory protective equipment must
be worn.
(3) The employer shall not permit any employee, other than an employee who by reason of his
work is required to be in an area designated in accordance with paragraph (1), to enter or remain in
any such area and only employees who are so permitted shall enter or remain in any such area.
(4) Every employer shall ensure that—
(a) his employees do not eat, drink or smoke in an area designated as an asbestos area or a
respirator zone; and
(b) arrangements are made for such employees to eat or drink in some other place.

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Air monitoring
18.—(1) Subject to paragraph (2), every employer shall monitor the exposure of his employees
to asbestos by measurement of asbestos fibres present in the air—
(a) at regular intervals; and
(b) when a change occurs which may affect that exposure.
(2) Paragraph (1) shall not apply where—
(a) the exposure of an employee is not liable to exceed the action level; or
(b) the employer is able to demonstrate by another method of evaluation that the requirements
of regulation 10(1) have been complied with.
(3) The employer shall keep a suitable record of—
(a) monitoring carried out in accordance with paragraph (1); or
(b) where he decides that monitoring is not required because paragraph (2)(b) applies, the
reason for that decision.
(4) The record required by paragraph (3), or a suitable summary thereof, shall be kept—
(a) in a case where exposure is such that a health record is required to be kept under
regulation 21, for at least 40 years; or
(b) in any other case, for at least 5 years,
from the date of the last entry made in it.
(5) In relation to the record required by paragraph (3), the employer shall—
(a) on reasonable notice being given, allow an employee access to his personal monitoring
record;
(b) provide the Executive with copies of such monitoring records as the Executive may
require; and
(c) if he ceases to trade, notify the Executive forthwith in writing and make available to the
Executive all monitoring records kept by him.

Standards for air testing

19.—(1) Every employer who carries out any measurement of the concentration of asbestos fibres
present in the air shall ensure that he meets criteria equivalent to those set out in the paragraphs of
ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation
and environmental conditions, test and calibration methods, method validation, equipment, handling
of test and calibration items, and reporting results.
(2) Every employer who requests a person to carry out any measurement of the concentration of
asbestos fibres present in the air shall ensure that that person is accredited by an appropriate body
as complying with ISO 17025.

Standards for analysis

20.—(1) Every employer who analyses a sample of any material to determine whether it contains
asbestos shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO
17025 which cover organisation, quality systems, control of records, personnel, accommodation and
environmental conditions, test and calibration methods, method validation, equipment, handling of
test and calibration items, and reporting results.
(2) Every employer who requests a person to analyse a sample of any material to determine
whether it contains asbestos shall ensure that that person is accredited by an appropriate body as
complying with ISO 17025.
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Health records and medical surveillance

21.—(1) Every employer shall ensure that—
(a) a health record, containing particulars approved by the Executive, relating to each of his
employees who is exposed to asbestos is maintained unless the exposure of that employee
does not exceed the action level; and
(b) that record or a copy thereof is kept available in a suitable form for at least 40 years from
the date of the last entry made in it.
(2) Every employer shall ensure that each of his employees who is exposed to asbestos is under
adequate medical surveillance by a relevant doctor unless the exposure of that employee does not
exceed the action level.
(3) The medical surveillance required by paragraph (2) shall include—
(a) a medical examination not more than 2 years before the beginning of such exposure; and
(b) periodic medical examinations at intervals of not more than 2 years or such shorter time
as the relevant doctor may require while such exposure continues,
and each such medical examination shall include a specific examination of the chest.
(4) Where an employee has been examined in accordance with paragraph (3), the relevant doctor
shall issue a certificate to the employer and employee stating—
(a) that the employee has been so examined; and
(b) the date of the examination,
and the employer shall keep that certificate or a copy thereof for at least 40 years from the date on
which it was issued.
(5) An employee to whom this regulation applies shall, when required by his employer and at
the cost of the employer, present himself during his working hours for such examination and tests
as may be required for the purposes of paragraph (3) and shall furnish the relevant doctor with such
information concerning his health as the relevant doctor may reasonably require.
(6) Where, for the purpose of carrying out his functions under these Regulations, a relevant doctor
requires to inspect any record kept for the purposes of these Regulations, the employer shall permit
him to do so.
(7) Where medical surveillance is carried out on the premises of the employer, the employer shall
ensure that suitable facililities are made available for the purpose.
(8) The employer shall—
(a) on reasonable notice being given, allow an employee access to his personal health record;
(b) provide the Executive with copies of such personal health records as the Executive may
require; and
(c) if he ceases to trade, notify the Executive forthwith in writing and make available to the
Executive all personal health records kept by him.
(9) Where, as a result of medical surveillance, an employee is found to have an identifiable
disease or adverse health effect which is considered by a relevant doctor to be the result of exposure
to asbestos at work the employer of that employee shall—
(a) ensure that a suitable person informs the employee accordingly and provides the employee
with information and advice regarding further medical surveillance;
(b) review the risk assessment;
(c) review any measure taken to comply with regulation 10, taking into account any advice
given by a relevant doctor or by the Executive;

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(d) consider assigning the employee to alternative work where there is no risk of further
exposure to asbestos, taking into account any advice given by a relevant doctor; and
(e) provide for a review of the health of every other employee who has been similarly exposed,
including a medical examination (which shall include a specific examination of the chest)
where such an examination is recommended by a relevant doctor or by the Executive.

Washing and changing facilities

22.—(1) Every employer shall ensure that, for any of his employees who is exposed or liable to
be exposed to asbestos, there are provided—
(a) adequate washing and changing facilities;
(b) where he is required to provide protective clothing, adequate facilities for the storage of—
(i) that protective clothing, and
(ii) personal clothing not worn during working hours; and
(c) where he is required to provide respiratory protective equipment, adequate facilities for
the storage of that equipment.
(2) The facilities provided under paragraph (1) for the storage of—
(a) personal protective clothing;
(b) personal clothing not worn during working hours; and
(c) respiratory protective equipment,
shall be separate from each other.

Storage, distribution and labelling of raw asbestos and asbestos waste

23.—(1) Every employer who undertakes work with asbestos shall ensure that raw asbestos or
waste which contains asbestos is not—
(a) stored;
(b) received into or despatched from any place of work; or
(c) distributed within any place of work, except in a totally enclosed distribution system,
unless it is in a sealed container clearly marked in accordance with paragraphs (2) and (3) showing
that it contains asbestos.
(2) Raw asbestos shall be labelled in accordance with the provision of Schedule 2.
(3) Waste containing asbestos shall be labelled—
(a) where the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and
Use of Transportable Pressure Receptacles Regulations 1996 F8 apply, in accordance with
those Regulations;
(b) where the waste is conveyed by road in a road tanker or tank container in circumstances
where the Carriage of Dangerous Goods by Road Regulations 1996 F9 apply, in accordance
with those Regulations; and
(c) in any other case, in accordance with the provisions of Schedule 2.

F8 S.I. 1996/2092, amended by S.I. 1998/2885, 1999/303, 2001/1426 and 2002/1689.

F9 S.I. 1996/2095, amended by S.I. 1998/2885 and 1999/303.

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Supply of products containing asbestos for use at work

24.—(1) Subject to paragraph (2), a person shall not supply a product which contains asbestos,
being an article or substance for use at work, unless that product is labelled in accordance with the
provisions of Schedule 2.
(2) Where a component of a product contains asbestos, it shall be sufficient compliance with
this regulation if that component is labelled in accordance with the provisions of Schedule 2 except
that where the size of that component makes it impossible for a label to be fixed to it neither that
component nor the product need be labelled.

Exemption certificates
25.—(1) Subject to paragraph (2), the Executive may, by a certificate in writing, exempt
any person or class of persons from all or any of the requirements or prohibitions imposed by
regulations 4, 5, 11, 12, 20 and 21(5) to (7) of these Regulations and any such exemption may be
granted subject to conditions and to a limit of time and may be revoked by a further certificate in
writing at any time.
(2) The Executive shall not grant any such exemption unless having regard to the circumstances
of the case and in particular to—
(a) the conditions, if any, which it proposes to attach to the exemption; and
(b) any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption
will not be prejudiced in consequence of it.

Extension outside Great Britain

26. These Regulations shall apply to any work outside Great Britain to which sections 1 to 59
and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety
at Work etc. Act 1974 (Application Outside Great Britain) Order 2001 F10 as they apply to work in
Great Britain.

F10 S.I. 2001/2127.

Revocations, amendments and savings

27.—(1) The following Regulations are revoked—
(a) the Control of Asbestos at Work Regulations 1987 F11;
(b) the Control of Asbestos at Work (Amendment) Regulations 1992 F12; and
(c) the Control of Asbestos at Work (Amendment) Regulations 1998 F13.
(2) After paragraph 4 of Schedule 2 to the Health and Safety (Enforcing Authority) Regulations
1998 F14, insert the following paragraph—

“4A. The reference in paragraph 4(a)(iii) to a physically segregated area does not include an area
segregated only in order to prevent the escape of asbestos; and in this paragraph “asbestos” has the
meaning assigned to it by regulation 2(1) of the Control of Asbestos at Work Regulations 2002 F15.”.
(3) Any record or register required to be kept under any Regulations revoked by paragraph (1)
shall, notwithstanding that revocation, be kept in the same manner and for the same period as
specified in those Regulations as if these Regulations had not been made, except that the Executive
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may approve the keeping of records at a place or in a form other than at the place where, or in the
form in which, records were required to be kept under the Regulations so revoked.

F11 S.I. 1987/2115.

F12 S.I. 1992/3068.
F13 S.I. 1998/3235.
F14 S.I. 1998/494.
F15 S.I. 2002/2675.

Defence
28. Subject to regulation 21 of the Management of Health and Safety at Work Regulations 1999
F16
, in any proceedings for an offence consisting of a contravention of these Regulations it shall
be a defence for any person to prove that he took all reasonable precautions and exercised all due
diligence to avoid the commission of that offence.

F16 S.I. 1999/3242.

Signed by authority of the Secretary of State.

N Brown
Minister of State,
24th October 2002 Department for Work and Pensions

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SCHEDULE 1 Regulation 8(2)

PARTICULARS TO BE INCLUDED IN A NOTIFICATION

The following particulars are to be included in a notification made in accordance with regulation 8(2),
namely—
(a) the name of the notifier and the address and telephone number of his usual place of
business;
(b) a brief description of—
(i) the type(s) of asbestos to be used or handled (crocidolite, amosite, chrysotile or
other),
(ii) the maximum quantity of asbestos to be held at any one time on the premises at
which the work is to take place,
(iii) the activities or processes involved, and
(iv) the products to be manufactured, where applicable; and
(c) the date of commencement of the work activity.

SCHEDULE 2 Regulations 13(4), 23(2) and (3) and 24

THE LABELLING OF RAW ASBESTOS, ASBESTOS

WASTE AND PRODUCTS CONTAINING ASBESTOS

1.—(1) Subject to sub-paragraphs (2) and (3) of this paragraph, the label to be used on—
(a) raw asbestos (together with the labelling required under the Chemicals (Hazard
Information and Packaging for Supply) Regulations 2002 F17 and the Carriage of
Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable
Pressure Receptacles Regulations 1996);
(b) asbestos waste, when required to be so labelled by regulation 23(3); and
(c) products containing asbestos, including used protective clothing to which regulation 13(2)
applies,
shall be in the form and in the colours of the following diagram and shall comply with the
specifications set out in paragraphs 2 and 3.

F17 S.I. 2002/1689.

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(2) In the case of a product containing crocidolite, the words “contains asbestos” shown in the
diagram shall be replaced by the words “ contains crocidolite/blue asbestos ”.
(3) Where the label is printed directly onto a product, a single colour contrasting with the
background colour may be used.
2. The dimensions in millimetres of the label referred to in paragraph 1(1) shall be those shown
on the diagram in that paragraph, except that larger measurements may be used, but in that case the
dimension indicated as h on the diagram shall be 40% of the dimension indicated as H.
3. The label shall be clearly and indelibly printed so that the words in the lower half of the label
can be easily read, and those words shall be printed in black or white.

4.—(1) Where a product containing asbestos may undergo processing or finishing it shall bear
a label containing safety instructions appropriate to the particular product and in particular the
following instructions—
“operate if possible out of doors or in a well ventilated place”;
“preferably use hand tools or low speed tools equipped, if necessary, with an appropriate dust
extraction facility. If high speed tools are used, they should always be so equipped”;
“if possible, dampen before cutting or drilling”; and
“dampen dust, place it in a properly closed receptacle and dispose of it safely”.
(2) Additional safety information given on a label shall not detract from or contradict the safety
information given in accordance with sub-paragraph (1).

5.—(1) Labelling of packaged and unpackaged products containing asbestos in accordance with
the foregoing paragraphs shall be effected by means of—
(a) an adhesive label firmly affixed to the product or its packaging, as the case may be;
(b) a tie-on label firmly attached to the product or its packaging, as the case may be; or
(c) direct printing onto the product or its packaging, as the case may be.
(2) Where, in the case of an unpackaged product containing asbestos, it is not reasonably
practicable to comply with the provisions of sub-paragraph (1) the label shall be printed on a suitable
sheet accompanying the product.
(3) Labelling of raw asbestos and asbestos waste shall be effected in accordance with sub-
paragraph (1)(a) or (c).
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(4) For the purposes of this Schedule but subject to sub-paragraph (5), a product supplied in loose
plastic or other similar wrapping (including plastic and paper bags) but no other packaging, shall be
treated as being supplied in a package whether the product is placed in such wrapping at the time
of its supply or was already so wrapped previously.
(5) No wrapping in which a product is placed at the time of its supply shall be regarded as
packaging if any product contained in it is labelled in accordance with the requirements of this
Schedule or any other packaging in which that product is contained is so labelled.

EXPLANATORY NOTE

(This note is not part of the Regulations)

1. These Regulations re-enact, with modifications, the Control of Asbestos at Work Regulations
1987 (S.I. 1987/2115) (“the 1987 Regulations”) as amended. The 1987 Regulations imposed
requirements for the protection of employees who might be exposed to asbestos at work and of
other persons who might be affected by such work and also imposed certain duties on employees
concerning their own protection from such exposure.
2. The Regulations, with the exception of regulations 4, 5, 11, 12, 20 and 21(5) to (7), implement
as respects Great Britain—
a) Council Directive 76/769/EEC (“the Marketing and Use Directive”) (OJ No L 262, 27.9.76,
p.201) as amended by Council Directive 83/478/EEC (OJ No L 263, 24.9.83, p.33) on the
approximation of the laws, regulations and administrative provisions of the Member States relating
to restrictions on the marketing and use of certain dangerous substances and preparations, insofar as
it relates to the labelling of products for use at work containing asbestos;
b) Council Directive 83/477/EEC (OJ No L 263, 24.9.83, p.25) as amended by Council Directive
91/382/EEC (OJ No L 206, 29.7.91, p.16) on the protection of workers from the risks related to
exposure to asbestos at work except insofar as this Directive was implemented by the Asbestos
(Prohibitions) Regulations 1992 (S.I. 1992/3067) which prohibited asbestos spraying;
c) Council Directive 90/394/EEC (OJ No L 196, 26.7.90, p.38) on the protection of workers from
the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning
of Article 16(1) of Directive 89/391/EEC) insofar as it relates to asbestos; and
d) Council Directive 98/24/EC (OJ No L 131, 5.5.98, p.11) on the protection of the health and
safety of workers from risks related to chemical agents at work (fourteenth individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC) insofar as it relates to risks to health
from exposure to asbestos.
3. In addition to minor and drafting amendments, the Regulations make the following changes
of substance—
a) include certain further definitions (regulation 2);
b) introduce a duty to manage asbestos in non-domestic premises. Persons with repair and
maintenance responsibilities for the premises will need to ensure that asbestos-containing materials
within those premises are properly managed, and that information about the location and condition
of the materials is passed on to those likely to disturb them (regulation 4);

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c) extend the matters to be considered when carrying out an assessment of the risk from exposure
to asbestos and require the risk assessment to be reviewed when the results of monitoring show it
to be necessary (regulation 6);
d) introduce a duty on the employer to prepare procedures, provide information and establish
warning systems to deal with an emergency in the workplace related to the use of asbestos in a work
process or the removal or repair of asbestos-containing materials (regulation 14).
e) provide that air monitoring must occur unless the exposure of an employee to asbestos is
not likely to exceed the action level or the employer can demonstrate in another way that the
requirements in regulation 10(1) have been complied with (regulation 18);
f) require any person analysing a material in order to determine whether it contains asbestos to
comply with European Standard EN ISO/IEC 17025 (regulation 20);
g) extend the duties on employers with respect to health records and medical surveillance where
an employee is found to have an identifiable disease or adverse health effect caused by exposure to
asbestos at work (regulation 21); and
h) amend the Health and Safety (Enforcing Authority) Regulations 1998 (S.I. 1998/494) in order
to clarify that the Executive will not be the enforcing authority solely because an area has been
segregated in order to prevent the spread of asbestos (regulation 27).
4. European Standard EN ISO/IEC 17025, “General requirements for the competence of testing
and calibration laboratories” accepted by CEN/CENELEC on 6th December 1999 can be obtained
from the British Standards Institution, BSI House, 389 Chiswick High Road, London W4 4AL.
5. A copy of the regulatory impact assessment prepared in respect of these Regulations can be
obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark
Bridge, London SE1 9HS. A copy of the transposition note in relation to implementation of the
Directives set out in paragraph 2 can be obtained from the Health and Safety Executive, International
Branch at the same address. Copies of both these documents have been placed in the Library of each
House of Parliament.

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Changes and effects yet to be applied to :

– Regulations revoked by S.I. 2006/2739 reg. 36(1)Sch. 4
– reg. 3(3)(a) words inserted by S.I. 2004/3168 art. 63(a)
– reg. 3(3)(a) words inserted by S.I. 2004/3168 art. 63(b)
– reg. 3(3)(a) words inserted by S.I. 2005/2929 art. 73(a)
– reg. 3(3)(a) words substituted by S.I. 2005/2929 art. 73(b)
– reg. 23(3)(a) words substituted by S.I. 2004/568 Sch. 13 para. 12(2)(a)
– reg. 23(3)(b) omitted by S.I. 2004/568 Sch. 13 para. 12(2)(b)

Changes and effects yet to be applied to the whole Instrument associated Parts and
Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those
provisions):
– Sch. 2 para. 1A words substituted by S.I. 2004/568 Sch. 13 para. 12(3)
– reg. 3(a) words substituted by S.S.I. 2005/344 Sch. 1 para. 26(a)
– reg. 3(a) words substituted by S.S.I. 2005/344 Sch. 1 para. 26(b)