Written answers

Wednesday, 5 July 2006

Department of Enterprise, Trade and Employment

Health and Safety Regulations

12:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 315: To ask the Minister for Enterprise, Trade and Employment the plans his Department have put in place and will put in place to educate the public in view of the lethal potential of asbestos; and if he will make a statement on the matter. [26773/06]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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The Health and Safety Authority has responsibility for the administration and enforcement of legislation dealing with the protection of the public and employees from the risks of exposure to asbestos fibres.

A range of detailed legislation currently applies, comprising—

(i) European Communities (Protection of Workers) (Exposure to Asbestos) Regulations 1989 (S.I. No. 34 of 1989),

(ii) European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations 1993 (S.I. No. 276 of 1993), and

(iii) European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations 2000 (S.I. No. 74 of 2000).

These Regulations are shortly to be revoked and replaced by new Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006, which are designed to transpose Directive 2003/18/EC of the European Parliament and of the Council of 27th March, 2003, which amends Council Directive 83/477/EEC, as previously amended by Council Directive 91/382/EEC on the protection of workers from the risks related to exposure to asbestos at work. Both of these Directives will be retransposed in the new provisions. The draft Regulations are also designed to retranspose Article 12 of Council Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos. The Health and Safety Authority will produce Guidelines on the new Regulations.

In addition to Regulations referred to, the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations 2003 (S.I. No. 220 of 2003) ban the placing on the market, use, reuse or resale etc. of asbestos containing products or materials, irrespective of the type of asbestos and accordingly no new asbestos containing materials will be developed or used in this country.

In 2005, the Health and Safety Authority produced "Guidelines on Working with Materials Containing Asbestos". While these Guidelines are aimed primarily at those working with asbestos cement materials, e.g. corrugated roof sheets, slates, tiles, guttering etc., the information therein is relevant to a wide audience. This publication is available free of charge from the Authority's web site and may be readily and easily downloaded as required.

The Authority has also developed a "Frequently Asked Questions" (FAQ) page on its web site relating to asbestos matters, issues and concerns which may be accessed by workers and member of the public alike. It provides useful information and answers to many questions submitted to the HSA by members of the public. The Authority's web site also provides links to others asbestos-related information sites. The web address for the Authority is www.hsa.ie.

The Health and Safety Authority is working to ensure that those persons who are at risk from existing asbestos materials in workplaces, or who work with such materials know the best way to control and prevent exposure occurring. By improving and monitoring adequate compliance with best practices the risk from fibres being released is controlled and prevented and any residual risk is then controlled and reduced.

Asbestos materials which are damaged, or at risk of being disturbed or in poor condition must be removed in a safe manner to prevent fibres being released to the air. However, where the asbestos material is in good condition and is not at risk from damage or being disturbed, it can remain safely in place but must be monitored and assessed regularly to ensure that it remains in good condition. Such materials, therefore, should be labelled and their location marked on plans of buildings so that their location is known in advance of any work or refurbishment which could disturb or damage those materials in the future. By appropriately managing asbestos-containing materials in situ the risk from possible exposure is minimised and, in general, should not create a risk to persons at work or in the vicinity of such buildings.

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