Article by Rob Blackburn

Last week the European Commission has asked the UK to change provisions in its legislation that exempt some maintenance and repair activities from the application of the EU directive on protection of workers from asbestos. UK authorities do not comply with three clear obligations, undermining the protection foreseen by EU law for workers exposed to asbestos. The request takes the form of a reasoned opinion under EU infringement procedures. The UK now has two months to bring its legislation into line with EU law. Otherwise, the Commission may decide to refer the UK to the EU’s Court of Justice.

The link to the original article is here:

http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/164&format=HTML&aged=0&language=EN&guiLanguage=en

Rob Blackburn has been a key figure within the asbestos consultancy industry for over twenty years, he has run one of the most respected consultancies in the UK and been a member of the HSE/ALU Asbestos Liaison Group (2002-2007), a member of the UKAS Asbestos Technical Advisory Committee (2003-2009), and is currently a member of the HSL Committee for Fibre Measurement (2007-present).

Robert has been at the heart of regulatory and technical compliance issues and has chaired meetings for the BOHS and been a speaker at many events. Robert has also represented the industry on both Radio and Television.  During the consultation process for the 2006 Control of Asbestos Regulations Robert was part of the team that debated with the HSE on what was proposed and how it was intended to be implemented.

BACKGROUND

The European Commission has recently upheld a complaint that the UK failed to implement the minimum standards of the Asbestos Worker Protection Directive in 2006 and has given the government just two months to bring UK legislation into line.

In 2006 the HSE was criticized by Trade Unions, academics and the asbestos industry for failing to take account of the feedback gathered during the consultation process. Greater heed should have been given to those voices according to this ruling.

The UK has been given just two months to comply, but with the onus falling onto the shoulders of the underfunded HSE this will be a real challenge without better support from central government.

When the AWPD was transposed into UK law – becoming the Control of Asbestos Regulations 2006 – the UK government removed some existing worker protection controls while implementing new requirements.

The European Commission findings are that the HSE unlawfully widened exemptions within the AWPD to remove the need for companies to notify works, provide medicals for workers and maintain health records for workers exposed to asbestos when working on lower risk products.

The UK has, since 1983, had a licensing regime covering works on the most hazardous forms of asbestos. Prior to 2006 Textured Decorative Coatings (TDC’s) were classified as a material requiring a license, despite being relatively low risk, and the HSE sought to change this.

The HSE widened the definition of exemptions by removing critical wording and, in so doing significantly reduced the controls that are required by member states.  The AWPD is a minimum standard:

The provisions contained in this Directive constitute a concrete contribution towards creating the social dimension of the internal market. These provisions are limited to the minimum in order not to impose an unnecessary burden on the creation and development of small and medium-sized enterprises.

The full effect of any changes is difficult to foresee but this is a positive step for those workers currently working with asbestos outside the licensing regime.

Please add comments below and we will endeavour to update people via this blog.