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Regulation PART I Regulation 2 Definitions

Summary Definitions, Application and General Asbestos means crocidolite, amosite, chrysotile, fibrous anthophyllite or a mixture containing any of those minerals; Contract of service includes an apprenticeship contract or agreement; Employer means a person who employs another person under a contract of service; Employed, with its grammatical variations and cognate expressions, means employed under a contract of service; Protective clothing means overalls, respirators and headgear which shall, when worn, prevent direct contact of asbestos dust with that part of the body which is covered.

Regulation 3 Application

1) 2)

These Regulations shall apply to every factory in which a process to which these Regulations apply is carried on. These Regulations shall apply to every process involving asbestos or any article composed wholly or partly of asbestos, except a process in connection with which asbestos dust cannot be given off. These Regulations are in addition to and not in substitution for or in diminution of other requirements imposed by the Act. Except in the case of a factory where building operations or works of engineering construction are carried on a) every employer (whether or not an occupier) who is undertaking in a factory any process to which these Regulations apply shall comply with the requirements of these Regulations in relation to any person employed by him, any plant or material under his control, and any part of the factory in which he is carrying on the process or into which asbestos dust in connection with that process is liable to escape; b) every occupier of a factory (whether or not such an employer) where the process is being carried on shall comply with the requirements of Regulations 7, 8, 16 and 17 and Part III in relation to any person employed in the factory (other than a person employed by an employer who is undertaking in the factory any process to which these Regulations apply) and any plant or material under his control and any part of the factory in which the process is being carried on or into which asbestos dust in connection with that process is liable to escape; and every person who is undertaking in a factory a process to which these Regulations apply and who employs no other person in the carrying on of that process shall comply, for the protection of employed persons working there, with the requirements of these Regulations (other than Regulations 8 and 16 to 18) with which he would have to comply if he were the employer of a person doing there the work which he does himself.

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Regulation 4 Obligations under Regulations

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Revised @ 31th Dec 2008

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2)

In the case of factories where building operations or works of engineering construction are carried on, every contractor and every employer who is undertaking any process to which these Regulations apply shall comply with the requirements of these Regulations in relation to any person employed by him and any person employed there who is liable to be exposed to asbestos dust in connection with any process carried on by the contractor or employer, as the case may be, and in relation to any plant or material under his control and any part of the site where he is carrying on the process or where asbestos dust in connection with that process is liable to escape. Every person who is employed shall comply with the requirements of such of these Regulations as relate to the performance of or refraining from an act by him. Every contractor, employer, occupier and person upon whom Regulation 4 (1) and (2) imposes duties shall take reasonable steps to ascertain whether any process undertaken in the factory involves asbestos or any article composed wholly or partly of asbestos. The steps to be taken under paragraph (1) shall include, where necessary, the analysis and examination of materials or articles involved in the process undertaken. Before a person first begins to undertake any process involving asbestos in a factory, he shall give not less than 28 days notice of the process or such shorter notice as the Chief Inspector may agree to accept. A notice under this regulation shall be in such form and shall contain such particulars of the process as the Chief Inspector may require. For the purposes of this regulation, process involving asbestos includes the removal from any surface of lagging consisting of or containing asbestos.

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Regulation 5 Contractor, employer, etc., to ascertain whether process in factory involves asbestos

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Regulation 6 Notifications

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PART II Regulation 7 Exhaust Ventilation

Exhaust Ventilation and Protective Equipment 1) Subject to Regulation 8, no process to which these Regulations apply shall be carried on in a factory unless equipment is provided, maintained and used which produces an exhaust draught that prevents the entry into the air of any workplace of asbestos dust. 2) Paragraph (1) shall not apply to any such process if it is carried on in such a manner as to be safe for persons working in the factory. Exhaust ventilation equipment provided in accordance with this regulation shall, while any work of maintenance or repair to the machinery, apparatus or other plant or equipment in connection with which it is provided is being carried on, be kept in use so as to produce an exhaust draught which prevents the entry into the air of any workplace of asbestos dust. Exhaust ventilation equipment provided in accordance with this regulation shall be well maintained and inspected at least once a month, and shall be thoroughly examined and tested by a competent person at least once in every 12 months; and a report of the results of every such examination and test containing relevant particulars and signed by the person making or responsible for the carrying out of the examination and test shall be made within 14 days thereof. Every such report shall be kept available for inspection by an inspector for a period
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of two years after it is made. Regulation 8 Protective equipment 1) Where in a factory the requirements of Regulation 7 (1) or (3) apply, but it is in the opinion of the Chief Inspector, impracticable to comply with those requirements, there shall be provided for the use of each person employed in every part of the factory into which asbestos dust from a process to which these Regulations apply is liable to escape a) Suitable respiratory protective equipment; and b) Protective clothing. All respiratory protective equipment and protective clothing provided in pursuance of paragraph (1) shall be properly maintained. All respiratory protective equipment and protective clothing so provided shall be used by the persons for whom they are provided while employed in such part of the factory. No respiratory protective equipment so provided which has been worn by a person shall be provided for the use of another person unless it has been thoroughly cleaned and disinfected since last being worn. No person shall be employed to perform any work for which respiratory protective equipment is provided in pursuance of this regulation unless he has been fully instructed in the proper use of that equipment.

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PART III Regulation 9 Duty to keep clean

Cleanliness of Premises and Plant All machinery, apparatuses, work benches and other plant and equipment used in a factory for the purposes of any process to which these Regulations apply, all external surfaces of exhaust ventilation equipment provided in pursuance of these Regulations and all floors, inside walls, partitions, ceilings, ledges and other internal surfaces of any part of a factory, in which any process to which these Regulations apply is carried on or into which asbestos dust from any such process carried in the factory is liable to escape, shall, so far as is practicable, be kept in a clean state and free from asbestos waste and dust in accordance with the provisions of this Part. The cleaning required by Regulation 9 shall, so far as is practicable, be carried out by means of vacuum cleaning equipment so designed and constructed and so used; or b) by some other suitable method so, that asbestos dust neither escapes nor is discharged into the air of a workplace. 1) In so far as it is impracticable to carry out the cleaning required by Regulation 9 in accordance with Regulation 10, the cleaning shall be carried out in accordance with this regulation. Protective clothing and suitable respiratory protective equipment shall be provided for and used by every person in every part of a factory in which the cleaning is being carried out otherwise than in accordance with Regulation 10. No respiratory protective equipment so provided which has been worn by a person shall be provided for the use of another person unless it has been thoroughly cleaned and disinfected since last being worn. No person shall be employed to perform any work for which respiratory protective
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Regulation 10 Cleaning by dustless method

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Regulation 11 Cleaning where cleaning by dustless method is impracticable

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equipment is provided in pursuance of this regulation unless he has been fully instructed in the proper use of that equipment. 5) Any surface on which asbestos waste or dust is deposited as a result of the carrying out of cleaning in pursuance of this regulation, not being a surface of the cleaning equipment used, shall be cleaned forthwith in the factory.

Regulation 12 Cleaning equipment PART IV Regulation 13 Storage

All cleaning equipment used for cleaning in pursuance of this Part shall be properly maintained and have all external surfaces kept in a clean state and free from asbestos waste and dust. Storage and Distribution All loose asbestos in a factory shall, when not in use, be kept in a room separated from any workplace in suitably closed receptacles, which prevent the escape of asbestos dust therefrom; and all asbestos waste in a factory shall, when stored, be kept in such receptacles. No loose asbestos or asbestos waste shall be despatched from or, as far as is practicable, received into a factory except in suitably closed receptacles, which prevent the escape of asbestos dust therefrom, or shall be distributed within a factory except in such receptacles or in a totally enclosed system of conveyance. All such receptacles shall be clearly and boldly marked with the words Asbestos do not inhale dust or with other words in other languages having the same meaning and readily understood by those persons handling the receptacles or working in factory. Accommodation for and Cleaning of Protective Equipment 1) Suitable and separate accommodation in a conveniently accessible location shall be provided for the use of employees when putting on or taking off respiratory protective equipment and protective clothing provided in pursuance of these Regulations and for the storage of such equipment and clothing when they are not in use. 2) All protective clothing and respiratory protective equipment which have been provided in pursuance of these Regulations for the use of employees shall, when not required for use, be kept in accommodation for storage provided in pursuance of paragraph (1), except when it is necessary for them to be removed for cleaning or replacement. So far as is practicable, the same protective clothing shall (until it becomes necessary to replace it) be available for use by an employee on each occasion on which he requires to wear it in pursuance of these Regulations. The Chief Inspector may, subject to such conditions as he may impose, exempt a factory or part thereof from paragraph (1). All protective clothing provided in pursuance of these Regulations shall be washed and cleaned at suitable intervals. Adequate and suitable facilities shall be provided and maintained for the washing and cleaning of all protective clothing in pursuance of paragraph (1). The washing and cleaning of all protective clothing under paragraph (1) shall be carried out with the facilities provided in pursuance of paragraph (2).

Regulation 14 Distribution, etc.

Regulation 15 Marking of receptacles. PART V Regulation 16 Accommodation for, and use of, protective clothing and respiratory protective equipment.

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Regulation 17 Cleaning of protective clothing

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Part VI Regulation 18 Restriction on employment of young persons

Young Persons No person under the age of 18 years shall be employed a) in any process to which these Regulations apply or in a part of a factory into which asbestos dust from any such process carried on in the factory would otherwise be liable to escape; and in carrying out any cleaning in accordance with Part III.

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