Asbestos at Work (Amendment) Regulations, 2025

L.N. 258 of 2025

HEALTH AND SAFETY AT WORK ACT

(CAP. 646)

Protection of Workers from the Risks related to Exposure to

Asbestos at Work (Amendment) Regulations, 2025

IN EXERCISE of the powers conferred by article 45 of the

Health and Safety at Work Act, the Minister responsible for health and

safety at work has made the following regulations:-

The title of these regulations is the Protection of Workers

from the Risks related to Exposure to Asbestos at Work (Amendment)

Regulations, 2025 and these regulations shall be read and construed as

one with the Protection of Workers from the Risks related to Exposure

to Asbestos at Work Regulations, hereinafter referred to as the

"principal regulations".

Sub-regulation (2) of regulation 1 of the principal

regulations shall be substituted by the following new sub-regulation

"(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

establish limit values and other specific requirements.

These regulations also transpose the provisions of

Directive (EU) 2023/2668 of the European

Parliament and the Council of 22 November 2023

amending Directive 2009/148/EC on the protection of

workers from the risks related to exposure to asbestos

at work.".

In regulation 2 of the principal regulations the definition

"asbestos" shall be substituted by the following new definition

" "asbestos" means the following fibrous silicates,

which are classified as carcinogens 1A in accordance

with Annex VI, Part 3 to Regulation (EC) No 1272/2008

of the European Parliament and of the Council of 16

December 2008 on classification, labelling and

packaging of substances and mixtures, amending and

repealing Directives 67/548/EEC and 1999/45/EC, and

amending Regulation (EC) No 1907/2006

(a)

Asbestos, Actinolite, CAS No 77536-

66-4;

(b) Asbestos, Amosite (gruenerite) CAS No

12172-73-5;

(c) Asbestos, Anthophyllite, CAS No

77536-67-5;

(d) Asbestos, Chrysotile, CAS No 12001-

29-5;

(e) Asbestos, Crocidolite, CAS No 12001-

28-4;

(f) Asbestos, Tremolite, CAS No 77536-

68-6;".

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(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 shall 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 and to prioritise removal of asbestos

or materials containing asbestos over other forms of

asbestos handling.";

(b) in sub-regulation (2) thereof the words "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

subregulation (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:" shall be

substituted by the words "As long as workers’ 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

relevant limit value as established in regulation 8 shall not be

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

14 and 15 shall not be applicable where work involves:".

Paragraph (b) of regulation 4 of the principal regulations Amends

regulation 4 of

shall be amended as follows

the principal

regulations.

(a)

sub-paragraph (i) thereof shall be substituted by the

following new sub-paragraph

"(i) the location of the work site and, where

relevant, the specific areas where the work is to be carried

out;";

(b) sub-paragraph (iii) thereof shall be substituted by the

following new sub-paragraph

"(iii) the activities and processes involved, including

with regard to the protection and decontamination of

workers, waste disposal and, where relevant, ventilation

during confined space operations;";

(c) sub-paragraph (iv) thereof shall be substituted by the

following new sub-paragraph

"(iv) the number of workers involved, a list of the

workers likely to be assigned to the site concerned, the

workers’ individual training certificates and the date of the

latest assessment of the workers’ health in accordance with

regulation 16;";

(d) immediately after sub-paragraph (vi) thereof there

shall be added the following new sub-paragraph

"(vii) measures taken, including an overview of the

equipment used to limit the exposure of workers to

asbestos;".

Regulation 6 of the principal regulations shall be

substituted by the following new regulation

6. For all activities referred to in regulation

1(3), the exposure of workers to dust arising from

asbestos or materials containing asbestos at the place of

work, shall be reduced to a minimum and in any case, to

as low a level as is technically possible below the

relevant limit value established in regulation 8, in

particular through the adoption of the following

measures

(a) the number of workers exposed or

likely to be exposed to dust arising from asbestos

or materials containing asbestos shall be limited to

the lowest possible figure;

(b) work processes shall be designed so as

not to produce asbestos dust or, if that proves

impossible, to avoid the release of asbestos dust

into the air by taking measures such as

(i) asbestos dust suppression;

(ii) the suction of asbestos dust at

source;

(iii) the continuous sedimentation of

asbestos fibres suspended in the air;

(c) workers shall be subject to an

appropriate decontamination procedure;

(d) adequate protection shall be ensured for

work carried out in a confined space;

(e) all premises and equipment involved in

the treatment of asbestos shall be capable of being

regularly and effectively cleaned and maintained

and shall be subject to regular cleaning and

maintenance;

(f) asbestos or dust-generating asbestos-

containing material shall be stored and transported

in suitable sealed packing as approved by the

Environment and Resources Authority for such

purpose;

(g) waste shall 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.".

Regulation 7 of the principal regulations shall be amended Amends

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) Depending on the results of the initial risk

assessment, and in order to ensure compliance with the

relevant limit value established in regulation 8,

measurement of asbestos fibres in the air at the work

place shall be carried out at regular intervals during

specific operational phases.";

(b)

sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) Sampling shall reflect the personal exposure

of the worker to dust arising from asbestos or materials

containing asbestos.";

(c) sub-regulation (5) thereof shall be substituted by the

following new sub-regulation

"(5) The duration of sampling shall be such that

representative exposure may be established for an eight (8)

hour reference period, one shift, by means of measurements

or time-weighted calculations.";

(d) sub-regulation (6) thereof shall be substituted by the

following new sub-regulation

"(6) Fibre counting shall be carried out wherever

possible by electronic microscopy or by any alternative

method that provides equivalent or more accurate results.";

(e) immediately after sub-regulation (6) thereof there

shall be added the following new sub-regulation

"(7) (a) For the purpose of measuring asbestos

in the air as referred to in sub-regulation (1), only fibres

with a length of more than five (5) micrometres, a

breadth of less than three (3) micrometres and a length to

breadth ratio greater than 3:1 shall be taken into

consideration;

(b) From 21 December 2029, fibres with a

breadth of less than zero point two (0.2) micrometres

shall also be taken into consideration for the purposes of

regulation 8(2).".

Regulation 8 of the principal regulations shall be

substituted by the following new regulation

8. (1) Until 20 December 2029, employers

of limit value.

shall ensure that no worker is exposed to an airborne

concentration of asbestos which exceeds zero point zero

one (0.01) fibres per centimetre cubed (cm 3 ) as an eight

(8) hour time-weighted average (TWA).

(2) From 21 December 2029, employers shall

ensure that no worker is exposed to an airborne

concentration of asbestos in excess of zero point zero one

(0.01) fibres per centimetre cubed (cm 3 ) as an eight (8)

hour time-weighted average (TWA) in conformity with

regulation 7(7)(b).".

Regulation 9 of the principal regulations shall be amended Amends

as follows

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) When the relevant limit value established in

regulation 8 is exceeded, or if there is reason to believe

that materials containing asbestos which are not

identified prior to the commencement of the work, have

been disturbed so as to generate dust, work shall stop

immediately. Work shall not be continued in the affected

area until adequate measures have been taken for the

protection of the workers concerned.";

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) When the relevant limit value as established in

regulation 8 is exceeded, the reasons for the limit value

being exceeded shall be identified and appropriate

measures to remedy the situation shall be taken as soon as

possible.";

(c) sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

"(4) When exposure cannot be reduced by other

means and when compliance with the limit value requires

the wearing of individual protective individual respiratory

protective equipment, this shall 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 regular breaks

appropriate to the physical and climatological conditions

and, where relevant, in consultation with the workers and,

or their representatives within the undertaking or

establishment, in accordance with national laws and

practices.";

(d) sub-regulation (5) thereof shall be substituted by the

following new sub-regulation

(5) Prior to the start of demolition, maintenance or

renovation work on the premises, the employers shall take

all necessary steps to identify presumed materials

containing asbestos, in particular by obtaining information

from the owners of the premises, from other employers and

from other sources, including relevant registers. If such

information is not available, the employer shall ensure an

examination, by a qualified operator in accordance with

national laws and practices, of the occurrence of materials

containing asbestos and shall obtain the result of such

examination before the start of the work. The employer

shall make available to another employer, upon request and

solely for the purpose of complying with the obligation

established in this sub-regulation, any information

obtained within the framework of such an examination.".

Sub-regulation (1) of regulation 10 of the principal

regulations shall be amended as follows

(a) paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) workers shall be issued with suitable

respiratory and other personal protective equipment,

which shall be individually adjusted, including through

fitting checks in accordance with Minimum Requirements

for the use of Personal Protective Equipment at Work

Regulations;"

(b) paragraph (c) thereof shall be substituted by the

following new paragraph

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

materials containing asbestos outside the premises or site

of action shall be avoided and for work performed in a

confined space, the confined zone shall be airtight and

equipped with mechanical extraction ventilation.".

Paragraph (c) of sub-regulation (2) of regulation 11 of the

principal regulations shall be substituted by the following new

paragraph

"(c) when the demolition or asbestos removal

work has been completed, the absence of risks of

exposure to asbestos at the workplace shall be verified in

accordance with national laws and practices before other

activities resume.".

Paragraph (a) of regulation 15 of the principal regulations Amends

shall be substituted by the following new paragraph

"(a) the employer shall enter the information on 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 and collective information in the register;".

Regulation 16 of the principal regulations shall be Substitutes

substituted by the following new regulation

(1) Employers shall provide mandatory

"Employers shall

provide training.

and appropriate training for all workers who are, or are

likely to be exposed to asbestos dust. Such training shall

be provided at the start of an employment relationship

and whenever additional training needs are identified.

The cost of such training shall not be borne by the

workers.

(2) The length of the training shall be adequate

in relation to the tasks of the workers concerned.

(3) The training shall be provided by an

instructor whose qualification is recognised in

accordance with national laws and practices.

(4) Every worker who has attended training in a

satisfactory manner shall receive a training certificate

which shall indicate all the following information

(a) the date of the training;

(b) the duration of the training;

(c) the content of the training;

(d) the language of the training;

(e) the name, qualification, and contact

details of the instructor or the institution providing

the training, or both.

(5) The content of the training shall be easily

understandable for workers. The training shall be

adapted as closely as possible to the characteristics of

the profession of the workers and the specific tasks and

working methods of such profession to enable them to

acquire the necessary knowledge and skills in terms of

prevention and safety, particularly as regards

(a) the applicable law in Malta;

(b) the properties of asbestos and its

effects on health, including the synergistic effects

of smoking;

(c) the types of products or materials

likely to contain asbestos;

(d) the operations that could result in

asbestos exposure and the importance of

preventive controls to minimise such exposure;

(e) safe work practices, controls and

protective equipment;

(f) the appropriate role, choice, selection,

limitations and proper use of protective

equipment, with particular regard to respiratory

equipment;

(g) emergency procedures;

(h) decontamination procedures;

(i) waste disposal;

(j) medical surveillance requirements.

(6) Workers who engage in demolition or

asbestos removal work shall be required to receive

training in addition to the training referred to in

accordance with sub-regulation (5) regarding the use of

technological equipment and machines to contain the

release and spread of asbestos fibres during work

processes in accordance with these regulations.".

14. Regulation 17 of the principal regulations shall be

substituted by the following new regulation

(1) Prior to the start of demolition or

asbestos removal work, an employer shall obtain a

permit from the Authority, and for this purpose shall

provide evidence 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.

(2) The Authority shall publish on its official

website the list of permits issued in accordance with

sub-regulation (1).".

15. Regulation 18 of the principal regulations shall be Substitutes

substituted by the following new regulation

The Authority shall keep a register of all

cases

of

medically diagnosed asbestos-related

occupational diseases.

occupational diseases. An indicative list of diseases

that may be caused by exposure to asbestos is listed

in Schedule I. For this purpose, any government

department, agency or entity that is notified by any

means whatsoever of the occurrence of such diseases

shall inform the Authority of such notification and

shall also give the Authority all other relevant details

known to the said department, agency or entity.".

16. Immediately after regulation 20 of the principal regulations Adds a new

there shall be added the following new regulation

These regulations shall be without

prejudice to any other 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.".

17. Item 1 of Schedule I to the principal regulations shall be Amends

substituted by the following new item

"1. Current knowledge indicates that exposure

to free asbestos fibres may give rise to the following

diseases

-

asbestosis;

-

mesothelioma;

-

lung carcinoma;

-

gastro-intestinal carcinoma;

-

carcinoma of the larynx;

-

carcinoma of the ovary;

-

non-malignant pleural diseases.".

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