EU Demands UK Asbestos Law Be Tightened Up

The European Commission has asked the UK to change provisions in its legislation that exempt some maintenance and repair activities from the application of the EU directive on protection of workers from asbestos. UK authorities do not comply with three clear obligations, undermining the protection foreseen by EU law for workers exposed to asbestos.

The request takes the form of a reasoned opinion under EU infringement procedures, and was issued in February this year. The UK has two months to bring its legislation into line with EU law. Otherwise, the Commission may decide to refer the UK to the EU's Court of Justice.

The asbestos Directive 2009/148/EC lays down provisions to protect workers from asbestos related risks, mainly through preventive measures. Asbestos is a particularly dangerous agent, found for example in buildings. The inhalation of asbestos fibres can cause serious diseases, including cancer. The EU legislation applies to activities where workers are or may be exposed to dust arising from asbestos or materials containing asbestos at work.

The Commission received a complaint that Article 3(3) (a) and (b) of the asbestos Directive has not been correctly transposed in UK legislation. This Article 3(3) gives the possibility for an exemption from three obligations set out in the directive for activities that involve only sporadic and low intensity exposure to asbestos - like for example the case of some maintenance and repair activities.

These three obligations refer to notifying asbestos works to the responsible national authority; making a prior health assessment for the workers and a new assessment every three years, for as long as exposure continues; and keeping a register of the workers who are, or may be, exposed to asbestos at work.

In the Commission's view, the UK law omits certain specific parts of Article 3(3) (a) and (b) and so widens the scope of the derogation of this Article. The UK legislation currently focuses on the measurement of exposure to asbestos and not enough on the how the material will be affected by the work itself, while the directive deals with both exposure and the material. This is why the Commission is sending a reasoned opinion to the UK authorities, requesting them to bring its legislation into line with EU law. The Commission may decide to refer the UK to the Court of Justice of the EU if action to ensure compliance is not taken.

TUC Risks reports that in a 28 April statement to the trade union magazine Hazards, the Health and Safety Executive (HSE) 'confirmed its agreement' with the EC's finding that the UK had actually under-implemented Europe's asbestos law.

Unions had maintained from the outset the UK law fell dangerously short of the legal controls required by a 2003 EC directive 'on the protection of workers from the risks of asbestos.' The February 2011 'reasoned opinion' from the EC, in response to a 2006 complaint from the Asbestos Removal Contractors Association, gave the government two months to amend the law or face possible action at the EU's Court of Justice. In response to an approach from Hazards,

HSE issued a statement admitting the UK asbestos law was not good enough. The 28 April statement noted:

"The UK has confirmed its agreement to a reasoned opinion by the European Commission. Discussions are under way with the Commission about next steps."

Commenting on the original EC reasoned opinion, TUC said it nails the myth the UK 'gold-plates' Euro laws, one of the claims by the government and the business lobby to be examined by the Löfstedt review of health and safety.

Download the directive on Asbestos from the E-Library by clicking on the pic above and using the search term 'directive'.

Source: Europa press release / TUC Risks

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