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Legislation

European legislation has sought to prohibit the use of asbestos, and to set strict standards for the protection of workers when they may be exposed. The following are some of the relevant directives.

Directive 1999/77/EC of the European Union bans all types of utilization of the asbestos from 1st January 2005. In addition, the 2003/18/EC directive bans the extraction of asbestos and the manufacture and processing of asbestos products. Hereby, the exposure of the primary users of the asbestos-containing products and materials to asbestos is stopped. However, the problem of exposure to asbestos in the course of removal, demolition, servicing and maintenance activities comes to the forefront.

Directive 1999/77/EC
Directive 2003/18/EC

Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work, modified by Council Directive 91/382/EEC of 25 June 1991, and amended by Council Directive 98/24/EC of 7 April 1998 and Directive 2003/18/EC of the European Parliament and of the Council of 27 March 2003

CONSLEG: 1983L0477 – 15/04/2003
(Consolidated text produced by the CONSLEG system of the Office for Official Publications of the European Communities - This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents)

The employer’s legal duties

  • Work with asbestos shall only be performed by companies competent for carrying out that work.
  • The employer has to ensure the continuous training of the employees who are exposed or likely to be exposed to asbestos.
  • Before beginning demolition or maintenance work, employers have to collect all possible information - also by sampling - from the owners or users of the premises in order to identify presumed asbestos containing materials. Alternatively, they have to presume the presence of asbestos and work accordingly.
  • Any significant activities during which the employee might be exposed to asbestos dust, must be notified to the competent National Authority before starting the work.
  • When the risk assessment shows that the exposure will be sporadic and of low intensity then the work will not need to be notified. However, the employer will still need to define preventive measures to reduce exposure to asbestos fibres and ensure that they are used.
  • The formation of asbestos dust in the work area has to be prevented by all means.
    In addition the employer should prevent the spread of asbestos from any place where work under his/her control is carried out.
  • Employers should ensure that workers and others who may be affected are not exposed to asbestos. When this is not possible, then exposure should be controlled to as low a level as possible by means other than respiratory protective equipment. If, after taking the above control measures, there remains any potential exposure to asbestos fibres, suitable respiratory protective equipment should be provided.
  • It is essential that a plan of work be prepared before starting the demolition or removal works. It has to be based on the findings of the risk assessment of the work that has to be carried out, and must specify the type and extent of asbestos exposure to workers and others who maybe affected.
  • If a worker has been exposed to a concentration of asbestos fibres above the exposure limit, then the employer has to inform the worker about the airborne asbestos concentration, the exposure time, and the measures which have been taken to reduce exposure.
  • When asbestos demolition or removal work has been completed, the absence of asbestos in the workplace shall be verified.
  • The employer is required to keep up-to-date records about workers exposed to asbestos during their work. Furthermore, the employer should ensure prior to employment that a suitably qualified person makes an evaluation of the employees’ state of health and a suitable record is made. The above-mentioned documents have to be kept at least 40 years following the exposure, in accordance with national laws.
    Information and advice must also be given to workers regarding any assessment of their health, which they may undergo following the end of the exposure.

 

Important Note: National legislation may include additional requirements to that contained in the Directives. You should check with your national enforcing authority.