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Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In these Regulations, unless the context otherwise requires—

“action level” means one of the following cumulative exposures to asbestos over a continuous 12-week period when measured or calculated by a method approved by the Health and Safety Commission, namely—

(a)

where the exposure is to asbestos consisting of or containing any crocidolite or amosite, 48 fibre-hours per millilitre of air; or

(b)

where the exposure is to asbestos consisting of or containing any other types of asbestos but not crocidolite or amosite, 120 fibre-hours per millilitre of air; or

(c)

where both types of exposure are concerned, a proportionate number of fibre-hours per millilitre of air;

  • “adequate” means adequate having regard only to the nature and degree of exposure to asbestos and “adequately” shall be construed accordingly;

  • “approved” means approved for the time being in writing by the Health and Safety Commission or the Health and Safety Executive as the case may be;

  • “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 area” and “respirator zone” shall be construed in accordance with regulation 14;

  • “control limit” means one of the following concentrations of asbestos in the atmosphere when measured or calculated by a method approved by the Health and Safety Commission, namely—

    1. (a)

      for asbestos consisting of or containing any crocidolite or amosite—

      1. (i)

        0.2 fibres per millilitre of air averaged over any continuous period of 4 hours,

      2. (ii)

        0.6 fibres per millilitre of air averaged over any continuous period of 10 minutes;

    2. (b)

      for asbestos consisting of or containing other types of asbestos but not crocidolite or amosite—

      1. (i)

        0.5 fibres per millilitre of air averaged over any continuous period of 4 hours,

      2. (ii)

        1.5 fibres per millilitre of air averaged over any continuous period of 10 minutes;

  • “the Executive” means the Health and Safety Executive.

(2)

For the purposes of these Regulations—

(a)

any reference to an employee being exposed to asbestos shall be treated as a reference to the exposure of that employee to asbestos dust arising out of or in connection with any work with asbestos or with any product containing asbestos which is carried out by the employer; and

(b)

in determining whether an employee is exposed to asbestos or whether the extent of such exposure exceeds the action level or any control limit, no account shall be taken of any respiratory protective equipment which, for the time being, is being worn by that employee.

(3)

In these Regulations, unless the context otherwise requires—

(a)

a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b)

a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.