Control of Asbestos at Work Regulations (CAW) 2002
Legislation
The Control of Asbestos at Work Regulations (CAW 2002) came into force on the 21st of November 2002.
These regulations have been superceded by The Control of Asbestos Regulations (CAR) 2012.
The 2002 regulations re-enact CAW 1987 with some modifications. One of the major new changes however is Regulation 4 which introduces a new "duty to manage" for all non domestic premises.
The new duty to manage will require those who have responsibilities for maintenance activities in non domestic premises to assess whether there is any asbestos in their premises, and, depending on its condition,either remove it or manage it, making sure that maintenance activities carried out subsequently do not expose the workers to any avoidable risk. This will take effect from the 21st May 2004.
Some of the other modifications are as follows;
Regulation 6 extends the matters to be considered when carrying out an assessment of the risks from exposure to asbestos to include;
- the effect of control measures to prevent or reduce exposure to asbestos
- results of the monitoring of the exposure
- results of the relevant medical surveillance
- whether to include any additional information which may be needed to complete the risk assessment
Regulation 14 has a new duty to ensure procedures are in place and can be put into effect if an accident or emergency in relation to asbestos in the work place occurs.
Regulation 18 is a duty on employers to monitor the exposure of their employees to asbestos unless exposure is not liable to exceed action levels.
Regulation 20 requires that from the 21st of November all employees who analyse any samples of materials to ascertain if they contain asbestos must meet specified criteria equivalent to that set out in ISO 17025. If an employer asks a person to carry out sampling then that person must be accredited by an appropriate body.
Regulation 21 extends the duties of employers regarding health records and medical surveillance.
STATUTORY INSTRUMENTS
The full script of the CAW 2002 regulations is available on the HMSO web site
The following is an extract from the contents of the regulations;
2002 No. 2675
HEALTH AND SAFETY
Control of Asbestos at Work Regulations 2002
Made 24th October 2002
Laid before Parliament 31st October 2002
Coming into force
All regulations except regulations 4 and 20 21st November 2002
Regulation 4 21st May 2004
Regulation 20 21st November 2004
ARRANGEMENT OF REGULATIONS
- Citation and commencement.
- Interpretation.
- Duties under these Regulations.
- Duty to manage asbestos in non-domestic premises.
- Identification of the type of asbestos.
- Assessment of work which exposes employees to asbestos.
- Plans of work.
- Notification of work with asbestos.
- Information, instruction and training.
- Prevention or reduction of exposure to asbestos.
- Use of control measures etc.
- Maintenance of control measures etc.
- Provision and cleaning of protective clothing.
- Arrangements to deal with accidents, incidents and emergencies.
- Duty to prevent or reduce the spread of asbestos.
- Cleanliness of premises and plant.
- Designated areas.
- Air monitoring.
- Standards for air testing.
- Standards for analysis.
- Health records and medical surveillance.
- Washing and changing facilities.
- Storage, distribution and labelling of raw asbestos and asbestos waste.
- Supply of products containing asbestos for use at work.
- Exemption certificates.
- Extension outside Great Britain.
- Revocations, amendments and savings.
- Defence.
Schedule 1. Particulars to be included in a notification.
Schedule 2. The labelling of raw asbestos, asbestos waste and products containing asbestos.