Asbestos rules at work: recent legislative changes and their implications

29-03-23

Asbestos rules at work have been tightened. There are adjustments for both inventory and works. The new rules are in force from 9 March 2023. 

What has changed?

  • The procedure for preparing an asbestos inventory has been stipulated in more detail. It will become mandatory to update the asbestos inventory every year. 
  • A number of responsibilities and working methods are more clearly defined for (demolition) works. There are also additional prevention measures. 

How to get started on the annual asbestos inventory

Employers were already required to identify all asbestos-containing material, equipment and protective equipment by way of an inventory. Any event or action that may lead to a change in the condition of the asbestos-containing material present is and will remain a direct trigger for an update. Now there will be an additional requirement for the inventory to be updated at least every year. 
 As before, the occupational safety prevention advisor and the occupational physician must give their approval each time the asbestos inventory is updated. This information should also be submitted to the Committee for Prevention and Protection at Work.
The procedure for preparing the inventory is now also detailed in a new annex to the Codex on Well-being at Work. It contains a list of equipment for taking representative samples, preventing cross-contamination between samples, and not contaminating the environment. Personal protective equipment is also mentioned. Samples must be taken in accordance with the latest scientific and technical knowledge and good practices.
 

Who does what at (demolition) works

Prior to starting work that could lead to asbestos exposure, it was already the case that the existing asbestos inventory had to be supplemented with a destructive inventory. This lists the presence of asbestos or asbestos-containing materials in buildings, machines and installations in hard-to-reach places. These details are included in the so-called demolition follow-up plan.

What is new is that the person responsible for this additional inventory is now also specified: the employer-principal.

Should any suspicious material not included in the inventory turn up as the work is being carried out, the works must be stopped. Resumption is only possible after this material is analysed and the inventory and management programme have been amended.

The risk analysis may possibly show that air measurements are necessary to chart the employees’ asbestos exposure. The preparation of a sampling strategy prior to works is now no longer the responsibility of the employer but of the laboratory.

Finally, provisions are also introduced for asbestos removal work on special structures where the implementation of a hermetic zone is not possible. In hermetic zones, visual contact is imposed with the places where work is being carried out. The deconstruction of the hermetic zone is also described in more detail.


How we can help

Protect employees who work in a building where asbestos is present. Mensura can help draw up or update an asbestos inventory.

Employees must also be protected when carrying out repairs and demolition works on buildings. We can assist in preparing a destructive asbestos inventory or demolition follow-up plan.

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