PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK REGULATIONS *

SUBSIDIARY LEGISLATION 424.23

PROTECTION OF WORKERS FROM THE RISKS

RELATED TO EXPOSURE TO ASBESTOS AT

WORK REGULATIONS *

15th December, 2006

LEGAL NOTICE 323 of 2006, as amended by Act XXXIII of 2024.

(1) The title of these regulations is the Protection of

Workers from the Risks related to Exposure to Asbestos at Work

Regulations.

(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.

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.

In these regulations, unless the context otherwise requires

"Act" means the Health and Safety at Work 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

*These regulations have been transferred to Cap. 646. Vide S.L. 646.15 and Act

XXXIII of 2024.

PROTECTION OF WORKERS FROM THE RISKS

RELATED TO EXPOSURE TO ASBESTOS AT WORK

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

(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 subregulation (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

taken

(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 paragraph (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

process and working procedures that involve using low-density

(less than 1g/cm 3 ) 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 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 subregulation (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 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

exceeded, the reasons for the limit being exceeded must be

identified 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 subregulation (1), 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,

asbestos removal work, repairing and maintenance in respect of

which 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 subregulation (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 subregulation (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 parties.

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

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

taken to ensure that

(a) the places in which the above activities take place

(i)

be clearly demarcated and indicated by warning

PROTECTION OF WORKERS FROM THE RISKS

RELATED TO EXPOSURE TO ASBESTOS AT WORK

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 subregulation (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

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).

PROTECTION OF WORKERS FROM THE RISKS

RELATED TO EXPOSURE TO ASBESTOS AT WORK

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

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 forty

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

asbestosis and mesothelioma, and for this purpose, any government

department, agency o r entity that i s notified by any means

whatsoever 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

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

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

guilty of an offence.