Friday 9 January 2009

Health & Safety Asbestos Regualations

1. Regulation 9 of The Control of Asbestos Regulations 2006 states that: an employer shall not undertake any work with asbestos unless he has notified the appropriate office of the enforcing authority in writing of the particulars specified in Schedule 1 at least 14 days before commencing that work or such shorter time before as the enforcing authority may agree.
2. Regulation 8(1) of The Control of Asbestos Regulations 2006 states that: an employer shall not undertake any work with asbestos unless he holds a licence granted under paragraph (2) of this regulation.
3. Regulation 24(1) of The Control of Asbestos Regulations 2006 states that: 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 receptacle or, where more appropriate, sealed wrapping, clearly marked in accordance with paragraphs (2) and (3) showing that it contains asbestos.
4. Regulation 22(2) of The Control of Asbestos Regulations 2006 states that: every employer shall ensure that each of his employees who is exposed to asbestos is under adequate medical surveillance by a relevant doctor.
5. Regulation 18(2) of The Control of Asbestos Regulations 2006 states that: 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 the control limit and that respiratory protective equipment must be worn.
6. Regulation 17 of The Control of Asbestos Regulations 2006 states that: 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 the 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.
7. Regulation 16 of The Control of Asbestos Regulations 2006 states that: 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.
8. A breakdown of fines and costs against Mr McCart is as follows: - HSE offences - £18,000 and £3,000 costs - Environment Agency offences - £18,000 and £1,000 costs - £15 victim surcharge as a company and £15 victim surcharge as an individual - £4,000 compensation to the victim - TOTAL: £44,030
9. For more information on asbestos please go to the HSE website at http://www.hse.gov.uk/asbestos/index.htm

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