A guide to the Asbestos (Licensing) Regulations 1983 as amended (second edition)
L11
The Asbestos (Licensing) Regulations 1983
Guidance on Regulations
Second edition 1999
ISBN 0717624358
This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice.
Introduction
1
This guidance give advice to those who have to comply with the Asbestos (Licensing) Regulations 1983 (SI 1983 No 1649 ) as amended in 1998 (SI 1998/3233 ).1 The Regulations came into force on 1 August 1984 and have been amended by the Health and Safety (Fees for Medical Examinations) Regulations 1985,2 the Health and Safety (Miscellaneous Fees) Regulations 1986,3 the Control of Asbestos at Work Regulations 19874 and the Asbestos (Licensing) (Amendment) Regulations 1998.5 The Regulations generally ban work with asbestos insulation or asbestos coating or asbestos insulating board (AIB), unless it is carried out by an employer or self-employed person who holds a licence granted by the Health and Safety Executive (HSE). The latest amendment to the regulations came into force on 1 February 1999. (Note: The regulations in this guidance have been reproduced to include all the amendments made to date.)
2
The purpose of the Regulations is to allow the enforcing authorities (HSE inspectors and local authority inspectors) to identify and monitor closely work with the asbestos materials which pose the greatest risk to people's health.
Background
3
In 1998 the Health and Safety Commission issued a consultative document which proposed tightening the laws that apply to work with asbestos. The Asbestos (Licensing) Regulations 19831 have been amended as a result of this consultation exercise. The most important change to the Regulations is that employers will now normally need a licence issued by HSE before they can carry out work with asbestos insulating board. Because of the amount of work involved for both HSE and industry in applying for and granting licences, this change to the Regulations will come into force on 1 August 1999.
How the Regulations work
4
The Regulations ban anyone from carrying out work with asbestos insulation or asbestos coating or asbestos insulating board unless they hold (or work for someone who holds) a licence granted by HSE. This includes a self-employed person, ie an individual who is working, but not under contract of employment, whether or not he or she employs other workers. However, there are three exemptions to the requirement to hold a licence. These are:
(a)   work of short duration with asbestos insulation, asbestos coating or asbestos insulating board (this is explained in detail in paragraph 23);
(b)   work carried out by employers and the self-employed with asbestos insulation, asbestos coating or asbestos insulating board either by themselves, or using their own employees, and in their own premises (see paragraph 26);
(c)   air monitoring or collecting samples to identify asbestos (see paragraph 27).
5
Although these Regulations only apply to work with certain types of asbestos materials, all work with asbestos materials must comply with the Control of Asbestos at Work Regulations 1987, as amended.4
6
Licences contain a condition which requires licensed contractors to send details of all licensable asbestos work to to the enforcing authority before the work begins. This means that the enforcing authority will be able to monitor the work of the licence holder. HSE can revoke licences if licence holders do not comply with the conditions of the licence or if they break health and safety regulations.
Regulation 1: Citation and commencement
Regulation
   These Regulations may be cited as the Asbestos (Licensing) Regulations 1983.
 
Regulation 2: Interpretation
Regulation
(1)   In these Regulations, unless the context otherwise requires:-
"asbestos" means any of the following minerals, that is to say, crocidolite, amosite, chrysotile, fibrous actinolite, fibrous anthophyllite, fibrous tremolite and any mixture containing any of those minerals;
"asbestos cement" means a material which is predominantly a mixture of cement and asbestos and which when in a dry state has a density greater than 1 tonne per cubic metre;
"asbestos coating" means a surface coating which contains asbestos;
"asbestos insulation" means any material containing asbestos and used for thermal, acoustic or other insulation purposes (including fire protection) except -
(a)    asbestos cement or asbestos insulating board, or
(b)    any article of bitumen, plastic, resin or rubber which contains asbestos and the thermal and acoustic properties of which are incidental to its main purpose;
"asbestos insulating board" means any sheet, tile or building board consisting of a mixture of asbestos and other material except -
(a)    asbestos cement; or
(b)    any article of bitumen, plastic, resin or rubber which contains asbestos, and the thermal or acoustic properties of which are incidental to its main purpose;
"work with asbestos insulating board" means -
(a)    work which consists of the removal, repair or disturbance of asbestos insulating board;
(b)    work which is ancillary to such work; and
(c)    supervising work referred to in sub-paragraphs (a) or (b) above; and "work with asbestos insulation or asbestos coating" means
“work with asbestos insulation or asbestos coating” means
(a)    work which consists of the removal, repair or disturbance of asbestos insulation or asbestos coating;
(b)    work which is ancillary to such work; and
(c)    supervising work referred to in sub-paragraphs (a) or (b) above.
(2)   Any reference in these Regulations to a paragraph not otherwise identified is a reference to a paragraph in the Regulation where the reference appears.
 
Guidance
7
This regulation explains the terms used in the Regulations. Asbestos is the general term for the minerals listed in the definition. Any mixture which contains one or more of these minerals, no matter how small the quantity, is within the definition.
8
Debris containing asbestos insulation or asbestos coating or asbestos insulating board is also covered by these Regulations even though it may not be fulfilling its original purpose, ie the asbestos materials may no longer be coating or insulating anything.
Asbestos coating
9
'Asbestos coating' describes the various mixtures containing asbestos which were widely used as surface coatings for fire protection purposes or as both heat and sound insulation. Most of these coatings were applied by spray but some were applied by hand. The definition also applies to decorative and textured finishes containing asbestos which range from paints and ceiling plasters to coatings used to produce special finishes. 'Asbestos coating' does not apply to the base material to which a coating has been applied, even if that base material contains asbestos. (The base material may, however, fall within the definition of asbestos insulation or asbestos insulating board.)
Asbestos insulation
10
The term 'asbestos insulation' describes asbestos-containing products which were not in practice applied as coatings: those used for heat, sound, fire protection and other insulation purposes. This includes preformed sections of pipe insulation, asbestos lagging and asbestos infill (asbestos used to fill the spaces between voids, applied between floors and packed around cables where they pass between floors). Millboards are also included in this definition. They have been used for insulation of electrical equipment and for thermal insulation.
Asbestos products to which the Regulations do not apply
11
The Regulations do not apply to:
(a)   articles made of rubber, plastic, resin or bitumen but which also contain asbestos (eg vinyl floor tiles, electric cables and roofing felts);
(b)   other asbestos products which may be used at high temperature but have no insulation purposes such as gaskets, washers, ropes and seals.
Asbestos insulating board
12
Asbestos insulating board is a lightly compressed board made from asbestos fibre and hydrated Portland cement or calcium silicate with other filler materials. Asbestos insulating board is covered by the Regulations whether or not the board is used for insulation. For instance the Regulations will still apply to asbestos insulating board when its main purpose is structural, eg as a wall partition.
Specific exclusion of asbestos cement products from the Regulations
13
The Regulations do not apply to asbestos cement products. Asbestos cement is mainly a mixture of asbestos and cement which is compressed or moulded to a high density. The most common asbestos cement products are roofing sheets, wall boards, gutters, drainpipes and flues.
14
Asbestos cement is defined in the Regulations as a 'material which is predominantly a mixture of cement and asbestos and which when in a dry state has a density greater than 1 tonne per cubic metre'. This is to distinguish it from asbestos insulating board and asbestos insulation. If you are in doubt about the type of asbestos material you are dealing with after you have identified that it is a mixture of asbestos and cement, you will need to have the bulk density of a sample calculated. Analytical laboratories can do this work (see your local telephone directory.)
15
Work with asbestos cement does not pose the same risks as work with asbestos insulation and coating and asbestos insulating board. Work with asbestos cement is far less likely to create high concentrations of asbestos fibres in the air because the fibres are firmly bound into the cement. This is why it is not included in these Regulations; however, work with asbestos cement must comply with the Control of Asbestos at Work Regulations 1987 as amended.4
Definition of 'work with asbestos insulation, asbestos coating or asbestos insulating board'
16
Work with asbestos insulation or asbestos coating or asbestos insulating board includes work which consists of the removal, repair or disturbance of these materials.
17
The definition of work with asbestos does not include:
(a)   painting insulating board, insulation, or coatings which are in sound condition; or
(b)   overcoating 'Artex'-type finishes in sound condition.
But it does include sealing or painting damaged asbestos insulating board or insulation or coating.
Definition of supervisory work
18
'Work carried out in a supervisory capacity' requires a licence. This means work involving direct supervisory control over those removing, repairing or disturbing asbestos.
19
But you do not need a licence if you are:
(a)   the client who has engaged a licensed contractor to work with asbestos insulation, asbestos coating or asbestos insulating board;
(b)   the principal or main contractor on a construction or demolition site if the work with asbestos insulation, asbestos coating or asbestos insulating board is being done by a subcontractor;
(c)   an analyst checking that the area is clear of asbestos at the end of a job;
(d)   carrying out quality control work such as:
(i)
   atmospheric monitoring outside enclosures while asbestos removal work is in progress; or
(ii)
   checking that work has been carried out to a standard which meets the terms of the contract.
Definition of ancillary work
20
'Ancillary work' means work associated with the main work of repair, removal or disturbance of asbestos insulation or asbestos coating or asbestos insulating board.
You will need a licence for:
a)   setting up and taking down enclosures for the asbestos work;
b)   putting up and taking down scaffolding to provide access for work where it is foreseeable that asbestos is likely to be disturbed;
c)   maintaining negative pressure units;
d)   work done within an asbestos enclosure, such as sealing an electric motor in polythene and installing ducting to the motor to provide cooling air from outside the enclosure;
e)   cleaning the structure, plant and equipment inside the enclosure.
 
Regulation 3: Work with asbestos insulation or asbestos coating or work with asbestos insulating board not to be carried on without a licence
Regulation
(1)   Subject to paragraph (2), an employer or self-employed person shall not undertake any work with asbestos insulation or asbestos coating or work with asbestos insulating board, unless he holds a licence granted under Regulation 4 of these Regulations relating to such work and complies with the terms and conditions of that licence.
(2)   Paragraph (1) shall not apply where -
(a)
   (i)   any person who carries out work with asbestos insulation or asbestos coating or work with asbestos insulating board does not spend more than a total of one hour on such work in any period of seven consecutive days, and -
   (ii)   the total time spent on such work by all the persons working on that work does not exceed two hours; or
(b)    the work is undertaken at premises of which the employer whose employees are carrying out the work or the self-employed person who is carrying out the work himself, as the case may be, is the occupier, and
   (i)   that employer or self-employed person does not hold a valid licence to do such work granted under these Regulations, and
   (ii)   he has given notice of the work in accordance with Regulation 5 of these Regulations; or
(c)    the work consists solely of air monitoring or collecting of samples for the purposes of identification.
 
Guidance
21
This regulation means you must not carry out work with asbestos insulation or asbestos coating or asbestos insulating board unless you hold a licence issued under the Regulations and comply with its terms or conditions.
Exemptions from the requirement to hold a licence
22
However, there are three occasions when you do not need a licence to work with asbestos coating, asbestos insulation and asbestos insulating board. These are:
(a)   for work of short duration;
(b)   for air monitoring or sample collection to identify asbestos;
(c)   if you are an employer carrying out work with your own employees on your own premises.
Work of short duration
23
You do not need a licence for work with asbestos insulation, asbestos coating or asbestos insulation board, provided:
(a)   any one person does not carry out the work for longer than 1 hour in seven consecutive days; and
(b)   the total time spent on the work by all workers is no more than 2 hours.
For instance, you could employ six people for 20 minutes each or you could employ two people for 1 hour each to carry out a particular job and you would not need a licence.
24
The reason you do not need a licence for work of short duration is to allow you to carry out minor maintenance and repair work. For instance, repairs to a valve, replacing light fittings and repairing water leaks to pipeworks may involve removing, disturbing or repairing asbestos insulation, asbestos coating or asbestos insulating board.
25
The time periods defined in paragraph 23 refer to the time spent removing, repairing or disturbing the asbestos, rather than the time spent on the job as a whole. For example, a plumber may take 15 minutes to peel back the lagging on a pipe which needs repairing, seal the edge of the lagging and clear up the asbestos debris, 3 hours repairing the pipe and then take another 30 minutes replacing the lagging (where practicable with a non-asbestos substitute). He or she has actually spent only 45 minutes removing and disturbing asbestos but the entire length of the job has taken 3 hours 45 minutes. The time spent repairing the pipe need not be taken into consideration, so this job would therefore not require a licence.
Employers carrying out work on their own premises
26
You do not need a licence if you carry out work with asbestos coating or asbestos insulation or asbestos insulating board in premises which you occupy, using your own employees. But you must give formal notification of this work to the relevant enforcing authority (see regulation 5).
Measuring asbestos fibre concentrations and collecting samples
27
You do not need a licence if the work involves:
(a)   measuring asbestos fibre concentrations by air monitoring;
(b)   collecting bulk samples to identify whether a material is asbestos;
(c)   clearance inspections.
 
Regulation 4: Licences for work with asbestos insulation or asbestos coating or work with asbestos insulating board
Regulation
(1)   The Health and Safety Executive may grant a licence for work with asbestos insulation or asbestos coating or work with asbestos insulating board if it considers it appropriate to do so and -
(a)    the person who wishes the licence to be granted to him has made application for it on a form approved for the time being for the purpose of this Regulation by the Executive; and
(b)    the application was made at least 28 days before the date from which the licence is to run, or such shorter period as the Executive may allow.
(2)   A licence under this Regulation -
(a)    shall come into operation on the date specified in the licence and, subject to paragraph (3), may be with or without a limit of time; and
(b)    may be granted subject to such conditions as the Executive may consider appropriate.
(3)   The Executive may vary the terms of a licence if it considers it appropriate to do so and in particular may -
(a)    add further conditions and vary or omit existing ones; and
(b)    impose a limit of time where none had been imposed and where a limit had been imposed may vary or remove it.
(4)   The Executive may revoke a licence if it considers it appropriate to do so.
(5)   A licensee shall, when required by the Executive, return a licence to the Executive for any amendment or following revocation.
 
Guidance
28
All licences issued for work with asbestos insulation, asbestos coating or asbestos insulating board are granted by HSE under the terms of this Regulation. Please note that regulation 4(6) concerning the fees payable for a licence in 1983 and 1991 has been revoked and provision for fees is now found in the Health and Safety (Fees) Regulations 1997 (SI 1997 No 2505).2 The fees are periodically updated by the Health and Safety (Fees) Regulations.
Applications for licences
29
You need to make applications for licences and for the renewal of licences on the approved from (FOD ASB1) (a specimen of which is reproduced at Appendix 1).
30
The form is available from:
The Health and Safety Executive
Asbestos Licensing Unit
Belford House
59 Belford Road
Edinburgh EH4 3UE
Tel: 0131 247 2135
31
The Regulations allow you to apply for a licence to work with all three of the licensable materials, ie asbestos insulation, asbestos coating or asbestos insulating board. You will have to show adequate knowledge of the Health and Safety at Work etc Act 1974, 6 the Asbestos (Licensing) Regulations 1983 as amended,1 the Control of Asbestos at Work Regulations 1987 as amended,4 the Approved Codes of Practice,7,8 and other guidance on work with asbestos materials.
32
However, you may wish to work with only one of the licensable materials, eg asbestos insulating board. In this case, the licence, if issued, may only allow you to work with this material alone.
33
Your application will need to reach the Asbestos Licensing Unit at least 28 days before the date from which you wish the licence to run. In some circumstances, HSE may be prepared to issue a licence in a shorter period.
34
You will be required to declare that you:
(a)   have read and understood and will work in accordance with all current legislation on asbestos, associated Approved Codes of Practice, guidance approved by HSC, and HSE guidance;
(b)   have informed your employees of the application; and
(c)   understand it is an offence to make a false declaration.
35
HSE issues all licences, even if licence holders carry out all their work with asbestos insulation or asbestos coatings or asbestos insulating board within premises which are inspected by local authority (LA) inspectors (these premises are listed in Table 1 at paragraph 56). Only HSE can amend the terms or conditions of, or revoke, your licence. HSE's Asbestos Licensing Unit works closely with all HSE Inspectorates and LA inspectors to keep records of the activities and performance of licence holders and to consider whether any changes need to be made to the conditions imposed on a licence holder.
The licence form
36
The licence form (ASB2A) (see specimen at Appendix 2) will specify the terms and conditions laid down by HSE. The conditions imposed on you will depend upon HSE's assessment of your application. This includes a check on the information you give in the form as well as an examination of your current record if you already hold a licence. HSE may refuse to issue a licence to you if you:
(a)   have been convicted of a criminal offence involving work with asbestos;
(b)   have failed to demonstrate an adequate level of competence during previous inspections of your work;
(c)   cannot demonstrate that you have adequate knowledge or arrangements in place to protect the health of your employees and others during work with asbestos insulation, asbestos coating or asbestos insulating board;
(d)   have been found guilty of health and safety offences;
(e)   have had two enforcement notices issued against you within a 2-year period.
Period of issue
37
All licences are issued for a limited period of time so that HSE can regularly review your performance. New applicants are issued with an initial licence for a shorter period of time (usually for one year). When this is put forward for renewal the period is generally for three years unless you have a record of poor performance. In this case the period may be reduced.
38
If you have little previous experience of work with asbestos, or the relevant enforcing authority (HSE/LA) has not inspected your work, the terms of the licence may be more restrictive than if you are an experienced contractor who is well known to HSE/LA.
39
HSE may impose a shorter licence period on you if they want to check that you are taking adequate health and safety precautions during your work. This includes work with asbestos and any other work you carry out where you have failed to take adequate health and safety precautions. You will be informed by HSE that they may refuse to renew the licence when it is due to end if you do not improve your standard of protection for employees.
Conditions that may be included in the licence form
40
Regulation 4 allows HSE to impose whatever conditions on the licence it considers appropriate.
Notification of proposed work
41
You will, as a condition of your licence, have to notify the enforcing authority with details of the proposed work. This condition gives the enforcing authorities the opportunity to assess your proposals for carrying out work with asbestos insulation, asbestos coating or asbestos insulating board, and to inspect the site either before or during the work. You will normally be required to notify the enforcing authority 14 days before work begins, but the enforcing authority may allow a shorter period, eg in an emergency where there is a serious risk to the health and safety of any person. This shorter period is known as a 'waiver' or dispensation. You must normally notify each individual job to the enforcing authority (see Table 1 at paragraph 56 for information about which enforcing authority you should send the notification to). You can use form FOD ASB5 for notification (see an example at Appendix 3) available from local HSE offices or from the Asbestos Licensing Unit (see paragraph 30).
Special conditions
42
In the case of particularly difficult jobs, for example where the work may need extra precautions to those set out in published guidance, HSE may impose special conditions on you. These should be reflected in the plan of work (method statement) you send to the enforcing authority.
43
HSE may also impose other conditions on you if inspectors have identified problems during inspection or if the work carries particular risks.
44
However, HSE will use the conditions of licensing to monitor closely the work of certain licence holders without placing unnecessary limitations or conditions on the work of competent employers and self-employed contractors.
Revocation of licences
45
HSE has the power, under this regulation, to revoke licences where it considers it appropriate to do so. HSE has powers to revoke a licence if, for example, you:
(a)   contravene any of the conditions or restrictions attached to your licence;
(b)   are convicted of contravening regulation 3 of the Asbestos (Licensing) Regulations;
(c)   fail to carry out a duty required under sections 2 ('General duties of employers to their employees'), 3 ('General duties of employers and self-employed to persons other than their employees') or 4 ('General duties of persons concerned with premises to persons other than their employees') of the Health and Safety at Work Act 1974;6
(d)   breach other health and safety regulations.
46
Revocation is a very serious step which could affect the livelihood of you and your employees. HSE therefore considers each case (and may, depending on the circumstances, go through a number of stages such as warning letters, enforcement notices, formal interviews, revocation board meetings, etc) before revoking a licence. HSE will take into consideration the performance history of your company and the particular circumstances before deciding whether or not to revoke your licence.
47
HSE might consider revoking your licence:
(a)   on the advice of an asbestos licensing principal inspector that there has been a breach of licence conditions or restrictions, particularly if supported by evidence of poor working conditions/control measures at site visits;
(b)   after legal proceedings if you have been convicted for a breach of health and safety legislation;
(c)   if you have a poor health and safety track record;
(d)   if there is clear evidence that you have tried to avoid notification.
Appeals
48
You can appeal against a decision to either revoke or not to renew your licence to the Secretary of State for the Environment, Transport and the Regions under section 44 of the Health and Safety at Work etc Act 1974.6 Normally the Secretary of State will appoint a person with relevant legal and/or practical experience to hear the appeal. The appeal may be decided on the basis of written submissions, but if either you or HSE want to be heard, that opportunity will be given.
49
If you appeal against a decision you should include:
(a)   your name and address;
(b)   a photocopy of your current licence;
(c)   the grounds for your appeal.
50
You should address your appeal to:
The Secretary of State for the Environment,
Transport and the Regions
Department of the Environment
Transport and the Regions (HSSD)
Zone I/C2, Eland House
Bressenden Place
London SW1E 5DU
51
You can get more guidance on the appeals system from the enforcing authority.
Penalties
52
If you are convicted in the Crown Court for carrying out work for which you do not hold a licence or for breaching a term or condition attached to your licence, you can be fined an unlimited amount, imprisoned for a term of up to two years, or both.
53
If the case is heard in a Magistrate's Court the maximum penalty is £5000.
 
Regulation 5: Notification to the enforcing authority of work with asbestos insulation or asbestos coating or work with asbestos insulating board at a person's own premises
Regulation
(1)   The notice to which Regulation 3(2)(b) refers is a notice in writing given to the enforcing authority at least 14 days before the work is commenced (or such shorter period as that authority may allow) and specifying the type of work to be carried out and the address of the premises at which it is to be carried out.
(2)   [No longer relevant]
(3)   Every employer or self-employed person who is undertaking work with asbestos insulation or asbestos coating or work with asbestos insulating board after having given notice in accordance with this Regulation shall -
(a)    provide adequate information to persons who may be in the vicinity or who may be affected by such work, and, in the case of an employer, instruction and training for his employees where appropriate; and
(b)    shall ensure that he, his employees, other employees, and any other persons who may be in the vicinity of, or may be affected by, his or his employees' work activities, are exposed only to the lowest level of asbestos dust which is reasonably practicable.
 
Guidance
54
This regulation gives details of the notice required by you to the enforcing authority if you are an employer or self-employed person carrying out work on your own premises and do not therefore need a licence.
The notification
55
You must give the relevant enforcing authority 14 days' written notice of your intention to carry out the work. The notification will need to include:
(a)   the address and the telephone number of the premises where the work is to be carried out;
(b)   a description of the work to be carried out (type of asbestos material, eg sections on pipes, sprayed coatings on beams, etc).
56
Table 1 tells you which enforcing authority to notify. This table will also be useful if you are a licensed contractor and have to notify the enforcing authority as a condition of your licence.
Table 1: How to identify the appropriate enforcing authority
     
Type of premises   Authority to notify  
(a)   Shops, offices, separate catering services including:   Unitary authority, district council (or equivalent)  
  (i) Restaurants and cafes    
  (ii) Coin-operated launderettes    
  (iii) Sportsgrounds    
  (iv) Entertainment, recreational and leisure activities, gyms, health clubs and therapeutic services including solaria    
  (v) Exhibitions    
  (vi) Church or religious meetings    
  (vii) Hotels and boarding houses and residential accommodation including residential homes for the elderly, other than domestic premises    
     
  (viii) Camping and caravan sites    
  (ix) Wholesale and retail storage    
  (x) Animal boarding and care establishments and zoos    
  (xi) Tyre and exhaust replacement/repair premises    
  (xii) Garden centres    
  (xiii) Child care, playgroups, nurseries    
  (xiv) Undertakers    
(b)   (i) Domestic premises   HM Inspector of the Health and Safety Executive  
  (ii) Factories and factory offices    
  (iii) Civil engineering, construction and demolition sites    
  (iv) Hospitals    
  (v) Research and development establishments    
  (vi) Local government services and educational establishments    
  (vii) Fairgrounds    
  (viii) Radio, television and film broadcasting    
  (ix) Sea-going ships    
  (x) Docks    
  (xi) Transport undertakings    
  (xii) Farms (and associated activities)    
  (xiii) Horticultural premises and forestries    
  (xiv) Quarries    
(c)   Mines   HM Inspector of Mines, Health and Safety Executive  
(d)   Railways   HM Railway Inspector, Health and Safety Executive  
(e)   Operating Licence Nuclear Sites   HM Inspector of Nuclear Installations, Health and Safety Executive  
(f)   Offshore Installations   Offshore Safety Division, Section, Health and Safety Executive  
     
57
You can notify work by telephone to the enforcing authority especially if you are not sure which authority to notify. But you will need to follow this up by confirmation in writing or on form FOD ASB5 (see Appendix 3) to the relevant enforcing authority.
58
You may be allowed to submit a single notification of work with asbestos insulation or asbestos coating or asbestos insulating board to the enforcing authority for work which is likely to be regularly repeated on your premises. (Note: if you have several premises, you will need a separate notification for each premises.) You will also need to notify separately any other work you plan to carry out which is not covered in the original notification.
 
Regulation 6: Certificate of medical examination
Regulation
   [Revoked]
 
Regulation 7: Exemption certificates
Regulation
(1)   Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person, class of person, product containing asbestos or class of such products, from all or any of the prohibitions or requirements imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
(2)   The Executive shall not grant any exemption unless having regard to the circumstances of the case and in particular to -
(a)    the conditions, if any, which it proposes to attach to the exemption, and
(b)    any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
 
Guidance
59
This regulation gives HSE powers to grant exemptions in exceptional circumstances from any or all of the requirements of the Regulations. Before granting an exemption HSE will need to be satisfied that the standards imposed by these Regulations are maintained.
 
Regulation 8: Extension of these Regulations outside Great Britain
Regulation
   These Regulations shall apply in relation to any work with asbestos insulation or asbestos coating or any work with asbestos insulating board to which, or in relation to which, section 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 1977(a) as they apply to such work in Great Britain.
(a)   1977/1232.
 
Guidance
60
The Order referred to in this regulation no longer exists and has been superseded by the Health and Safety at Work etc Act 1974 (Application outside Great Britain) Order 1995 (SI 1995/263).
61
The effect is that the Asbestos (Licensing) Regulations 1983 as amended1 are extended to work with asbestos insulation or asbestos coatings or asbestos insulating board on offshore installations, wells, pipelines and pipeline works and to connected activities within the territorial waters of Great Britain or in designated areas of the United Kingdom Continental Shelf, plus certain other activities within territorial waters.
 
Appendix 1: Example of licence application form
Appendix 2: Example of asbestos licence form
Appendix 3: Example of notification form
References and further reading
References
1   The Asbestos (Licensing) Regulations 1983 SI 1983/1649 HMSO 1983 ISBN 011 037649 8
2   The Health and Safety (Fees for Medical Examinations) Regulations 1985 SI 1985/279 HMSO 1985 ISBN 011 056279 8
3   Health and Safety (Miscellaneous Fees) Regulations 1986 SI 1986/382 HMSO 1986 ISBN 011 066392 6
4   The Control of Asbestos at Work Regulations 1987 SI 1987/2115 HMSO 1987 ISBN 011 078115 5
5   Asbestos (Licensing) (Amendment) Regulations 1998 SI 1998/3233 TSO 1998 ISBN 011 080279 9
6   Health and Safety at Work etc Act 1974
7   The Control of Asbestos at Work: Control of Asbestos at Work Regulations 1987. Approved Code of Practice L27 HSE Books 1999 ISBN 07176 1673 8
8   Work with asbestos insulation, asbestos coating and asbestos insulating board. Control of Asbestos at Work Regulations 1987. Approved Code of Practice L28 HSE Books 1999 ISBN 07176 1674 6
Further Reading
The following publications contain HSE and HSC regulations and detailed guidance on all aspects of work with asbestos-containing materials and the precautions to be taken when working with them.
Regulations
Special Waste (Amendment) Regulations 1996 SI 1996/2019 HMSO 1996 ISBN 011 062894 2
Carriage of Dangerous Goods (Classification, Packaging and Labelling) and use of Transportable Pressure Receptacles Regulations 1996 SI 1996/2092 HMSO 1996 ISBN 011 062923 X
Carriage of Dangerous Goods by Road 1996 SI 1996/2095 HMSO 1996 ISBN 011 062926 4
The Carriage of Dangerous Goods by Rail 1996 SI 1996/2089 HMSO 1996 ISBN 011 062919 1
Personal Protective Equipment at Work Regulations 1992 SI 1992/2966 HMSO ISBN 011 025832 0
The Workplace (Health, Safety and Welfare) Regulations 1992 SI 1992/3004 HMSO 1992 ISBN 011 025804 5
The Construction (Design and Management) Regulations 1994 SI 1994/3140 HMSO 1994 ISBN 011 043845 0
Health and Safety (Consultation with Employees) Regulations 1996 SI 1996/1513 HMSO 1996 ISBN 011 054839 6
Guidance for employers
Controlled asbestos stripping techniques for work requiring a licence HSG 189/1 HSE Books 1999 ISBN 07176 1666 5
Working with asbestos cement HSG 189/2 HSE Books 1999 ISBN 07176 1667 3
Selection of suitable respiratory protective equipment for work with asbestos INDG288 HSE Books 1999 Free leaflet
Respiratory protective equipment HSG53 HSE Books 1998 ISBN 07176 1537 5
Managing asbestos in workplace buildings INDG223 HSE Books 1996. Available singly or in priced packs ISBN 07176 1179 5
Asbestos: Exposure limits and measurement of airborne dust concentrations EH10 HSE Books 1995 ISBN 07176 0907 3
Enclosures provided for work with asbestos insulation, coatings and insulating board EH51 HSE Books 1989 ISBN 011 885408 9
Training operatives and supervisors for work with asbestos insulation coatings EH50 HSE Books 1988 ISBN 011 885400 3
Provision, use and maintenance of hygiene facilities for work with asbestos insulation and coatings EH47 HSE Books 1990 ISBN 011 885567 0
Working with asbestos in buildings INDG289 HSE Books 1999. Available singly or in priced packs ISBN 07176 1697 5
Asbestos alert: workers card for building maintenance repair and refurbishment workers INDG188P HSE Books 1995. Available singly or in priced packs ISBN 07176 1209 0
Asbestos dust kills: Keep your mask on. Guidance for employees on wearing respiratory protective equipment for work with asbestos INDG255 (rev 1) HSE Books 1999. Available singly or in priced packs ISBN 07176 1696 7
Asbestos fibres in air: Sampling and evaluation by phase contrast microscopy (PCM) under the Control of Asbestos at Work Regulations MDHS39/4 HSE Books 1995 ISBN 07176 1113 2
Asbestos: Medical guidance notes MS13 HSE Books 1999 ISBN 07176 2417 X
While every effort has been made to ensure the accuracy of the references listed in this publication, their future availability cannot be guaranteed.