Asbestos legislation

The Control of Substances Hazardous to Health (COSHH) Regulations 1989 covers virtually all substances hazardous to health. Only asbestos, lead, materials producing ionizing radiation and substances below ground in mines (which all have their own legislation) are excluded. The Regulations set out measures that employers must implement. Failure to comply with COSHH, in addition to exposing employees and others to risk, constitutes an offence and is subject to penalties under the Health and Safety at Work Act, etc. 1974. 

In Great Britain the COSHH Regulations cover virtually all substances hazardous to health. (Asbestos, lead, materials producing ionizing radiations and substances below ground in mines, which have their own legislation, are excluded.)... 

Selected relevant legislation Control of Asbestos at Work Regulations 1987 and subsequent amendments... 

Lead and asbestos are covered by separate legislation which must be adhered to. 

These requirements probably comprise key explanations as to why TSCA has not delivered the protection that was anticipated (Denison 2009 Applegate 2008 Ashford 2007). Since its enactment, only a handful of substances have been banned or restricted under Section 6 (OPPT 2008) certain CFCs (today superseded by air legislation), PCBs (statutory), dioxin in a specific case (superseded), certain uses of metalworking fluids (ban in place), asbestos (basically overturned) and hexavalent chromium (ban in place). 

As a result, to date epidemiological studies of pesticide exposures have only been indicative of the presence of elevated health risks. Quantitative studies contributing to evidence on exposure-response relationships which could be used for quantitative risk assessment purposes are not widely available. This implies that the epidemiological potential has not been explored to its limits, as has been done for certain other agents such as asbestos and lead, for which present legislation has been based, to a large extent, on quantitative evidence of health risks in humans obtained from epidemiological studies. 

As aheady mentioned above, in the meantime, because of the newly structured chemical legislation by the EU, the framework directive 80/1107/EEC is no longer in force. It was repealed by the EU chemical agents directive 98/24/EC in May 2001 [6-5]. Nevertheless, this does not mean that its minimum standards and requirements have been given up or lost, but instead they have been included in the second framework directive 89/391/EEC on occupational safety, in the just mentioned directive 98/24/EC, and in a few others. Several individual directives of 80/ 1107/EEC are still in force, for example the asbestos directive or directive 91/ 422/EEC ( 1st priority list of hmit values ). 

Whereas environmental compliance is typically driven by legislation, many health programs such as asbestos abatement are propelled by litigation, particularly in the United States. In other words, standards are developed through the use of lawsuits rather than government mandates. 

Health and safety considerations need to be taken into account. Legislation, even though not yet enacted, could require a product to be replaced while it is stUl functionally effective and cost effective. One of the best fibrous reinforcements in the FRP world used to be asbestos. Its strength, stiffness and especially its heat resistance were outstanding, but since the mid-1970s, removing asbestos-based materials from factories, schools and other buildings has been an industry in itself. It is therefore prudent to consider the... 

Work with asbestos products is governed in the UK by two specific pieces of legislation ... 

Asbestos Hazard Emergency Response Act of 1986 (Title II of TSCA)—U.S. Federal legislation requiring all schools to determine the location and condition of asbestos containing material, and setting up procedures for issuing credentials to those who disturb asbestos for testing or removal. 

The next stage in the risk assessment is the control of the risk. In established workplaces, some control of risk will already be in place. The effectiveness of these controls needs to be assessed so that an estimate of the residual risk may be made. Many hazards have had specific acts, regulations or other recognized standards developed to reduce associated risks. Examples of such hazards are fire, electricity, lead and asbestos. The relevant legislation and any accompanying approved codes of practice or guidance should be consulted first and any recommendations implemented. Advice on control measures may also be available from trade associations, trade unions or employers organizations. 

The site manager should arrange for suitable plant and equipment to be provided so that the work can be executed to the standards required by health and safety legislation, in particular the Control of Asbestos at Work Regulations 2002. It may be necessary for the local authority and the police to be consulted about the proposed demolition so that issues of public protection, local traffic management and possible road closures can be addressed. There should be liaison with the occupiers of adjacent properties because, in some cases, they may need to be evacuated. 

Where there is overlap in the duties in these Regulations and those covering lead, ionising radiations, asbestos, hazardous substances (COSHH), noise, and construction head protection then the specific legislative requirements should prevail. 

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