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Dept for Work and Pensions

Answer

Mr. Heald: To ask the Secretary of State for Work and Pensions if he will make a statement on the circumstances in which a health and safety inspector may rely on his own opinion rather than making scientific measurements in order to establish that the permitted levels of asbestos under the Control of Asbestos at Work Regulations 2002 have been exceeded; and what defences are available to a person where a breach of the regulations is established by the opinion of the inspector rather than by a measurement. [98661] Mr. Nicholas Brown: HSE inspectors are given training and instruction and are provided with guidance and information about the types of situations and incidents, which can give rise to release of asbestos fibres. Many HSE publications provide information on the typical exposure levels likely to be generated by certain activities and which of these will exceed the control limit. Exposure limits and levels are never used in isolation. Inspectors check compliance with the range of controls required by the Control of Asbestos at Work Regulations 2002 to ensure that the hierarchy of control measures has been applied and that exposure has been reduced to as low a level as is reasonably practicable. In most cases, inspectors will use this information together with their knowledge, rather than arranging for scientific measurements to be taken, to assist in forming an opinion about a risk of serious personal injury and the appropriateness of serving a Prohibition Notice. In cases of doubt, they will often seek a view from a more experienced senior colleague or a specialist inspector. There is a statutory right of appeal to an Employment Tribunal available to the person who, in the opinion of the inspector, has breached the regulations and to whom an enforcement notice has been served.

Secondary information

Type

Written question

Reference

98661; 400 c604W;400 c596W

Session

2002-03

Subjects

Appeals Asbestos Inspections Enforcement Health hazards Health and safety Training Statutory instruments

Legislation

Control of Asbestos at Work Regulations 2002

Link

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