Earlier this month, the brand new Control of Asbestos Regulations 2012 came into force. These regulations introduced some important changes relating to an entirely new category of work (Notifiable Non-Licensed Work) which requires the keeping of written records, and from April 2015 all workers/self employed people carrying out work in this new category, must be under health surveillance by a doctor.
In addition, sections 25(3), 27, 28, 29 & 32(2) (relating to prohibitions) of the 2006 Control of Asbestos Regulations, have been migrated to the environmental REACH Regulations.
It is normal practice for the HSE to issue a new Approved Code of Practice (ACoP) to accompany legislation when it comes into force, but in this case it could be over a year before a new version of the ACoP (L143) is published.
In the meantime, the 2006 edition is still available, and many clients of Santia will be able to make use of the Responseline advisory service if they have any technical queries concerning the new requirements.
The reason given for the delay is that the Löftstedt Report requires a review of all the HSE ACoPs and guidance. This is to avoid the introduction of so called “gold plating” of legislation where additional requirements are introduced which go beyond what is deemed necessary. The HSE are therefore looking to clearly define what an ACoP should be (ie to set a minimum standard for compliance), and identify and remove any of the “gold plating” that could have developed over the years.
It is currently anticipated that the time frame for the development of a public consultation document concerning the asbestos ACoP, will be one year.
Further asbestos-related news emerged this week as the Government confirmed that it will be granting a temporary exemption to mesothelioma sufferers from reforms of ‘no-win, no-fee’ legislation currently going through Parliament.
The proposals, which are due to come into force in April next year, will change the law concerning lawyers claiming ‘success fees’ from losing parties. Instead, they will be able to claim up to 25 per cent of the compensation from their client.
In the House of Commons debate which occurred earlier this week, Justice minister Jonathan Djanogly said that there would be a delay in implementing the changes in relation to mesothelioma sufferers. He said that they would: “implement the clauses in respect of those claims at a later date, once we are satisfied on the way forward for those who are unable to trace their employer’s insurer.”
Santia provides a comprehensive range of asbestos management services to ensure that you comply with regulations. These can be delivered as a complete asbestos risk management solution or a tailored package of services to meet your specific requirements. Further details can be found here.
With erisk, Santia’s online health and safety management system, the full range of disciplines relating to health and safety, including fire safety through to the management of asbestos, environmental control and occupational health are clearly presented on one screen. Further details can be found here.