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

SUBSIDIARY LEGISLATION 646.15

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 and by

Legal Notice 258 of 2025.

(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

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.

(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.

Amended by

L.N. 249 of 2025.

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 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.

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, 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;

"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 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.

(2) 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

(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 and, where relevant,

the specific areas where the work is to be carried

out;

(ii) the type and quantities of asbestos used or

handled,

(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;

(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;

(v)

the starting date and duration of the work,

(vi)

measures to be taken to limit the exposure of

workers to asbestos;

(vii) measures taken, including an overview of the

equipment used 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, 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.

(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.

(2) Sampling shall reflect 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 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.

(6) Fibre counting shall be carried out wherever possible by

electronic microscopy or by any alternative method that provides

equivalent or more accurate results.

(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

t h a n f i v e ( 5 ) m i c r o m et r e s, a b r e ad t h o f l e ss t h a n t h r e e ( 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).

(1) Until 20 December 2029, employers 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).

(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.

(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.

(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) 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.

(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.

(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 shall be

individually adjusted, including through fitting checks in

accordance with Minimum Requirements for the use of

Personal Protective Equipment at Work Regulations;

(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 avoided and for work performed in a confined

space, the confined zone shall be airtight and equipped

with mechanical extraction ventilation.

(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 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.

(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

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

PROTECTION OF WORKERS FROM THE RISKS

RELATED TO EXPOSURE TO ASBESTOS AT WORK

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).

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

taken

(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;

(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 mandatory 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.

(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).

The Authority shall keep a register of all cases of medically

diagnosed asbestos-related 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.

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.

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.