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Dept for Work and Pensions

Answer

Mr. Heald: To ask the Secretary of State for Work and Pensions by what means it is proposed that health and safety inspectors will measure the level of asbestos fibres in the air to determine whether the control limit specified in the Control of Asbestos at Work Regulations 2002 has been exceeded; in what circumstances prosecutions will be brought for the offence of contravening the regulations by exceeding the control limit; and if he will make a statement. [98660] Mr. Nicholas Brown: Trained Health and Safety Laboratory (HSL) scientific staff carry out measurements of levels of asbestos fibres in the air on the advice of HSE inspectors when they are seeking to establish the effectiveness of new or modified controls or when they wish to confirm controls stated in the contractor's risk assessments are adequate. Measurements are carried out in compliance with the approved and validated method contained in the "Methods for the Determination of Hazardous Substances" 39/4. Circumstances that might lead to consideration of a prosecution would include inadequate or no controls, unsuitable respiratory protective equipment (RPE) and airborne fibre levels such that RPE did not reduce the exposure to as low as reasonably practicable and in any event to a level below the control limit. HSE's approach to enforcement of asbestos legislation follows the Health and Safety Commission's principles of enforcement, namely proportionality in applying the law, consistency of approach, targeting of enforcement action and transparency. Where breaches of the Control of Asbestos at Work Regulations 2002 are encountered, appropriate enforcement action is considered, including prosecution.

Secondary information

Type

Written question

Reference

98660; 400 c603-4W;400 c595-6W

Session

2002-03

Subjects

Asbestos Inspections Enforcement Health hazards Health and safety Prosecutions Statutory instruments

Legislation

Control of Asbestos at Work Regulations 2002

Link

View this Written question on www.publications.parliament.uk