Asbestos at Work Regulations, 2006

L.N. 323 of 2006

OCCUPATIONAL HEALTH AND SAFETY

AUTHORITY ACT

(CAP. 424)

Protection of Workers from the Risks related to Exposure to

Asbestos at Work Regulations, 2006

IN EXERCISE of the powers conferred by article 12 of the

Occupational Health and Safety Authority Act, 2000, the Minister of

Education, Youth and Employment, in consultation with the

Occupational Health and Safety Authority, has made the following

regulations>

(1) The title of these regulations is the Protection of Workers Title, scope and

applicability.

from the Risks related to Exposure to Asbestos at Work Regulations,

2006. (2) The scope of these regulations is to protect workers

against risks to their health, including the prevention of such risks, arising

or likely to arise from exposure to asbestos at work. These regulations

lay down limit values and other specific requirements.

(3) These regulations shall apply to activities in which

workers are or may be exposed in the course of their work to dust arising

from asbestos or materials containing asbestos.

Interpretation.

In these regulations, unless the context otherwise requires>

Practical recommendations for the clinical assessment of workers, as referred

to in regulation 14 (1)

1. Current knowledge indicates that exposure to free asbestos fibres can give

rise to the following diseases>

- asbestosis,

- mesothelioma,

- bronchial carcinoma,

- gastro-intestinal carcinoma.

2. The doctor responsible for the medical surveillance of workers exposed to

asbestos must be familiar with the exposure conditions or circumstances of each worker.

3. Health examination of workers should be carried out in accordance with the

principles and practices of occupational medicine. It should include at least the following

measures>

- keeping records of a worker’s medical and occupational history,

- a personal interview,

- a general clinical examination, with particular reference to the chest,

- lung function tests (respiratory flow volumes and rates).

The doctor should decide on further examinations, such as sputum cytology tests

or a chest X-ray or other suitable radiological tests as appropriate, in the light of the

latest occupational health knowledge available.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

“the Act” means the Occupational Health and Safety Authority

Act<

“asbestos” means the following fibrous silicates>

- Asbestos actinolite, CAS (Chemical Abstract Service)

No 77536-66-4,

- Asbestos gruenerite (amosite) CAS No 12172-73-5,

- Asbestos anthophyllite, CAS No 77536-67-5,

- Chrysotile, CAS No 12001-29-5,

- Crocidolite, CAS No 12001-28-4,

- Asbestos tremolite, CAS No 77536-68-6.

“the Authority” means the Occupational Health and Safety

Authority established by virtue of article 8 of the Act<

“doctor” means a medical practitioner, specialised in

respiratory medicine, who is appointed by an employer to examine

workers exposed to asbestos.

(1) In the case of any activity likely to involve a risk of

exposure to dust arising from asbestos or materials containing asbestos,

this risk must be assessed in such a way as to determine the nature and

degree of the workers’ exposure to dust arising from asbestos or materials

containing asbestos>

(2) Provided that worker exposure is sporadic and of low

intensity, and if it is clear from the results of the risk assessment referred

to in sub-regulation 1 that the exposure limit for asbestos will not be

exceeded in the air of the working area, regulations 4, 12, 13 (2) 14 and

15 shall be waived where work involves>

(a) short, non-continuous maintenance activities in which

only non-friable materials are handled,

(b) removal without deterioration of non-degraded materials

in which the asbestos fibres are firmly linked in a matrix,

(c) encapsulation or sealing of asbestos-containing materials

which are in good condition,

(d) air monitoring and control, and the collection of samples

to ascertain whether a specific material contains asbestos.

(3) The assessment provided for in regulation 3 (1) shall be

the subject of consultation with the workers and, or their representatives

within the undertaking or establishment and shall be revised where there

is reason to believe that it is incorrect or there is a material change in

the work.

Subject to regulation 3 (2), the following measures shall be

(a) the activities referred to in regulation 1 (3) must be

covered by a notification system administered by the Authority,

and no work involving asbestos or of material containing asbestos

may commence before the Authority is thus notified<

(b) the notification referred to in regulation 4 (a) shall be

submitted by the employer to the Authority before the work

commences and must include at least a brief description of>

(i) the location of the work site,

(ii) the type and quantities of asbestos used or handled,

(iii) the activities and processes involved,

(iv) the number of workers involved,

(v) the starting date and duration of the work,

(vi) measures to be taken to limit the exposure of

workers to asbestos<

(c) without prejudice to any other applicable law or

regulation, workers and, or their representatives in undertakings

or establishments shall have access to the documents which are

the subject of notification concerning their own undertaking or

establishment< and

(d) each time a change in working conditions is likely to

result in a significant increase in exposure to dust from asbestos or

materials containing asbestos, a new notification must be submitted.

(1) The application of asbestos by means of the spraying Prohibition of

process and working procedures that involve using low-density (less asbestos

of spraying.

than 1g#cm ) insulating or soundproofing materials which contain

asbestos are prohibited.

(2) Without prejudice to the requirements of other applicable

laws and regulations on marketing and use of asbestos, activities which

expose workers to asbestos fibres during the extraction of asbestos or

the manufacture and processing of asbestos products or the manufacture

and processing of products containing intentionally added asbestos shall

be prohibited, with the exception of the treatment and disposal of

products resulting from demolition and asbestos removal.

For all activities referred to in regulation 1 (3), the exposure Limitations.

of workers to dust arising from asbestos or materials containing asbestos

at the place of work must be reduced to a minimum and in any case

below the limit value laid down in regulation 8, in particular through

the following measures>

(a) the number of workers exposed or likely to be exposed

to dust arising from asbestos or materials containing asbestos must

be limited to the lowest possible figure<

(b) work processes must be designed so as not to produce

asbestos dust or, if that proves impossible, to avoid the release of

asbestos dust into the air<

(c) all premises and equipment involved in the treatment of

asbestos must be capable of being regularly and effectively cleaned

and maintained<

(d) asbestos or dust-generating asbestos-containing material

must be stored and transported in suitable sealed packing< as

approved by the Malta Environment and Planning Authority for

such purpose.

(e) waste must be collected and removed from the place of

work as soon as possible in suitable sealed packing with labels

indicating that it contains asbestos, in accordance with applicable

laws and regulations that regulate the disposal of toxic or hazardous

material.

(1) Depending on the results of the initial risk assessment,

and in order to ensure compliance with the limit value laid down in

regulation 8, measurement of asbestos fibres in the air at the workplace

shall be carried out regularly.

(2) Sampling must be representative of the personal

exposure of the worker to dust arising from asbestos or materials

containing asbestos.

(3) Sampling shall be carried out after consultation of the

workers and#or their representatives in undertakings.

(4) Sampling shall be carried out by suitably qualified

personnel. The samples taken shall be subsequently analysed, in

accordance with sub-regulation 6, in laboratories equipped for fibre

counting.

(5) The duration of sampling must be such that

representative exposure can be established for an eight-hour reference

period (one shift) by means of measurements or time-weighted

calculations.

(6) Fibre counting shall be carried out wherever possible

by PCM (phase-contrast microscope) in accordance with the most recent,

widely accepted recommendations applicable at the time. For the purpose

of measuring asbestos in the air, as referred to in the first subparagraph,

only fibres with a length of more than five micrometres, a breadth of

less than three micrometres and a length#breadth ratio greater than 3>1

shall be taken into consideration.

Employers shall ensure that no worker is exposed to an airborne Application of limit

value.

concentration of asbestos in excess of 0.1 fibres per cm 3 as an eight-

hour time-weighted average (TWA).

(1) Where the limit value laid down in Regulation 8 is Exceeding of limit

exceeded, the reasons for the limit being exceeded must be identified value.

and appropriate measures to remedy the situation must be taken as soon

as possible. Work may not be continued in the affected area until

adequate measures have been taken for the protection of the workers

concerned.

(2) In order to check the effectiveness of the measures

mentioned in the first sub paragraph, a further determination of the

asbestos-in-air concentrations shall be carried out immediately.

(3) Where exposure cannot be reduced by other means and

where compliance with the limit value makes necessary the wearing of

individual protective breathing equipment, this may not be permanent

and shall be kept to the strict minimum necessary for each worker.

During periods of work which require the use of such equipment,

provision shall be made for breaks appropriate to the physical and

climatological conditions and, where relevant, in consultation with the

workers and, or their representatives.

(4) Before beginning demolition or maintenance work, an

employer shall take all necessary steps to identify presumed asbestos-

containing materials, including by obtaining information from the

owners of the premises. Where there should be reasonable doubt about

the presence of asbestos in a material or construction, the applicable

provisions of these regulations shall be observed.

(1) In the case of certain activities such as demolition, Other

where limit value

asbestos removal work, repairing and maintenance in respect of which may be exceeded

it is foreseeable that the limit value set out in Regulation 8 will be

exceeded despite the use of technical preventive measures for limiting

asbestos in air concentrations, the employer shall determine the measures

intended to ensure protection of the workers while they are engaged in

such activities, in particular the following>

.(a) workers shall be issued with suitable respiratory and

other personal protective equipment, which must be worn< and

(b) warning signs shall be put up indicating that it is

foreseeable that the limit value laid down in regulation 8 will be

exceeded< and

(c) the spread of dust arising from asbestos or materials

containing asbestos outside the premises or site of action shall be

prevented.

(2) The workers and, or their representatives in the

undertaking or establishment shall be consulted on these measures before

the activities concerned are carried out.

(1) A plan of work shall be drawn up before demolition

work or work on removing asbestos and, or asbestos-containing products

from buildings, structures, plant or installations or from ships is started.

(2) The plan referred to in sub-regulation (1) must prescribe

the measures necessary to ensure the safety and health of workers at the

place of work. The plan must in particular specify that>

(a) asbestos and, or asbestos-containing products are to be

removed before demolition works commence, except where this

would cause a greater risk to workers than if the asbestos and, or

asbestos-containing products had been left in place<

(b) the personal protective equipment referred to in

regulation 10 (1)(a) shall be provided, where necessary<

(c) when the asbestos demolition or removal work has been

completed, the absence of asbestos exposure risks in the workplace

shall be verified.

(3) The plan shall include information on the following>

(a)

the nature and probable duration of the work<

(b) the place where the work is carried out<

(c) the methods applied where the work involves the

handling of asbestos or of materials containing asbestos<

(d) the characteristics of the equipment used for>

(i) protection and decontamination of those carrying

out the work<

(ii) protection of other persons present on or near the

worksite.

(4) The plan referred to in paragraph 1 shall be forwarded

to the Authority before the start of the projected work, and the Authority

may require additional preventive or protective measures to be taken so

as to better safeguard the health and safety of workers and, or third

(1) In the case of all activities referred to in regulation 1 Appropriate

(3), and subject to regulation 3 (2), appropriate measures shall be taken measures.

to ensure that>

(a)

the places in which the above activities take place>

(i)

be clearly demarcated and indicated by warning

signs<

(ii) not be accessible to workers other than those who

by reason of their work or duties are required to enter them<

(iii) constitute areas where there should be no smoking<

(b) areas are set aside where workers can eat and drink

without risking contamination by asbestos dust<

(i) workers are provided with appropriate working or

protective clothing<

(ii) this working or protective clothing remains within

the undertaking. It may, however, be laundered in

establishments outside the undertaking which are equipped

for this sort of work if the undertaking does not carry out the

cleaning itself< in that event the clothing shall be transported

in closed containers<

(iii) separate storage places are provided for working

or protective clothing and for street clothes<

(iv) workers are provided with appropriate and

adequate washing and toilet facilities, including showers in

the case of dusty operations<

(v) protective equipment shall be placed in a well-

defined place and shall be checked and cleaned after each

use< appropriate measures shall be taken to repair or replace

defective equipment before further use.

(2) Workers may not be charged with the cost of measures

taken pursuant to this regulation.

(1) In the case of all activities referred to in regulation 1

(3), appropriate measures shall be taken to ensure that workers and their

representatives in the undertaking or establishment receive adequate

information concerning>

(a) the potential risks to health from exposure to dust arising

from asbestos or materials containing asbestos,

(b) the existence of statutory limit values and the need for

the atmosphere to be monitored,

(c) hygiene requirements, including the need to refrain from

smoking,

(d) the precautions to be taken as regards the wearing and

use of protective equipment and clothing,

(e) special precautions designed to minimize exposure to

asbestos.

(2) In addition to the measures referred to in sub-regulation

(1) and subject to regulation 3 (2), appropriate measures shall be taken

to ensure that>

(a) workers and, or their representatives in the undertaking

or establishment have access to the results of asbestos-in-air

concentration measurements and can be given explanations of the

significance of those results<

(b) If the results exceed the limit value laid down in

regulation 8 the workers concerned and their representatives in

the undertaking or establishment are informed as quickly as possible

of the fact and the reasons for it and the workers and#or their

representatives in the undertaking or establishment are consulted

on the measures to be taken or, in an emergency, are informed of

the measures which have been taken.

Subject to regulation 3(2) the following measures shall be Health surveillance.

taken>

(a) an assessment of each worker’s state of health, including

a specific examination of the chest, must be carried out prior to the

beginning of exposure to dust arising from asbestos or materials

containing asbestos at the place of work, and for this purpose, a

doctor carrying out such an examination may be guided by the

practical recommendations of Schedule I<

(b) a new assessment must be carried out at least once every

three years for as long as exposure continues, and a record of the

health of each individual thus examined must be established by

the doctor>

Provided that the doctor shall pass to the employer the results

of these assessments and any recommendations made, under strict

confidential cover, and the employer shall give to the worker copies

of such assessments and recommendations to the worker concerned<

(c) following the clinical surveillance referred to in this

regulation, the doctor responsible for the medical surveillance of

the workers should advise on, or determine any individual

protective or preventive measures to be taken< these may include,

where appropriate, the withdrawal of the worker concerned from

all exposure to asbestos. The doctor may refer any particular case

to the Authority for specific instructions<

(d) information and advice must be given to workers

regarding any assessment of their health which they may undergo

following the end of exposure. The doctor may indicate that medical

surveillance must continue after the end of exposure for as long as

is considered necessary to safeguard the health of the person

concerned<

(e) the worker concerned or the employer may request a

review of the assessments referred to in paragraphs (a) and (b).

Subject to regulation 3(2), the following measures shall be Maintenance of

health register.

taken>

(a) The employer must enter the names of the workers

responsible for carrying out the activities referred to in regulation

1 (3) in a register, indicating the nature and duration of the activity

and the exposure to which they have been subjected. The doctor

and, or the Authority shall have access to this register. Each worker

shall have access to the results in the register which relate to him

personally. The workers and, or their representatives shall have

access to anonymous, collective information in the register.

(b) The register and the medical records referred to in

regulation 14 (a) and (b) shall be kept for at least 40 years following

the end of exposure.

(c) The documents referred to in this regulation shall be

made available to the Authority in cases where the undertaking

ceases trading.

(1) Employers shall provide appropriate training for all

workers who are, or are likely to be, exposed to asbestos-containing

dust. Such training must be provided at regular intervals and at no cost

to the workers.

(2) The content of the training must be easily understandable

for workers. It must enable them to acquire the necessary knowledge

and skills in terms of prevention and safety, particularly as regards>

(a) the properties of asbestos and its effects on health,

including the synergistic effect of smoking<

(b) the types of products or materials likely to contain

asbestos<

(c) the operations that could result in asbestos exposure and

the importance of preventive controls to minimise exposure<

(d) safe work practices, controls and protective equipment<

(e) the appropriate role, choice, selection, limitations and

proper use of respiratory equipment<

(f)

emergency procedures<

(g) decontamination procedures<

(h) waste disposal<

(i) medical surveillance requirements.

(3) Before carrying out asbestos demolition or removal

work, an employer shall provide evidence to the Authority of his ability

in this field, which may require an employer working or intending to

work in this field, to be registered with it, and in so doing, the Authority

may determine the registration criteria.

The Authority shall keep a register of confirmed cases of Register of

recognised cases of

asbestosis and mesothelioma, and for this purpose, any government asbestosis and, or

department, agency or entity that is notified by any means whatsoever mesothelioma.

of the occurrence of a case of asbestosis and, or mesothelioma, shall

inform the Authority of such notification, and shall also give the

Authority all other relevant details known to the Department, Agency

or entity.

These regulations shall be without prejudice to any other Saving.

regulation, or any conditions made or imposed by any other competent

authority in Malta concerning the importation, use, transport, disposal,

storage or export of asbestos or of any material containing asbestos.

In any proceedings for an offence under these regulations Onus of proof.

consisting of a failure to comply with a duty or requirement to do

something, or to do something so far as is reasonably practicable, it

shall be for the accused to prove (as the case may be) that it was not

practicable or not reasonably practicable to do more than was in fact

done to satisfy such duty or requirement, or that there was no better

practicable means than was in fact used to satisfy such duty or

requirement.

Any person who knowingly or recklessly interferes with the Offences.

process of providing a safe and healthy place of work, shall be guilty of

an offence.

The Protection of Workers from the Risks related to Exposure Repeals L.N. 123 of

2003. to Asbestos at Work Regulations, 2003 are hereby repealed.