Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 112: To ask the Minister for Enterprise, Trade and Employment the reason Directive 2003/18/EC amending Council Directive 83/477/EEC on the protection of workers from risks related to exposure to asbestos at work was not transposed by the deadline of the 15 April 2006; and his views on whether the unwarranted delay in the transposition of this directive demonstrates an apparent lack of concern for the safety and health of workers. [18340/06]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

I regret that Directive 2003/18 was not transposed by the deadline of the 15 April 2006, and I am anxious that it would be transposed as soon as possible. I have not yet received a legislative proposal in this regard from the Health and Safety Authority, but I am advised that draft proposals for the Regulations were published on 9 May on the Authority's website, as part of the public consultation process provided for under Section 57 of the Safety, Health and Welfare at Work Act 2005.

I am informed that as part of the process of promoting awareness of the new provisions, the Authority has organised a meeting with asbestos industry contractors, demolition firms, consultants, the social partners and other relevant interests to consider the draft Regulations.

The public consultation period will end on 6 June and I am advised that formal draft proposals will be ready shortly after that for submission to the Office of the Parliamentary Counsel for legal settlement.

It is important to remember that the existing Directive 83/477/EEC as amended by Directive 91/382/EEC is already fully implemented and enforced. So too is another Directive, concerning the marketing and use of asbestos, which enforces a ban on its use in general.

The main changes to the existing legislation brought about by EU Directive 2003/18/EC focus on those who are now most at risk, in particular workers who remove asbestos and workers who accidentally come across asbestos at work in the course of servicing and maintenance activities. They also reflect the more detailed research on limits for exposure to chrysotile asbestos and the methods for measuring airborne asbestos undertaken on the basis of the method adopted by the World Health Organisation. The Directive therefore introduces a single exposure limit value for all work activities where exposure to asbestos dust in the air at a place of work may arise, a requirement for adequate training, and a requirement that persons involved in demolition and asbestos removal activities must be qualified to do this work in a safe way to ensure the protection of their employees.