Control of Asbestos Regulations (CAR) 2012 – Regulations Kept Simple

Below are the CAR 2012 Regulations summarized for you. These regulations set minimum standards for the protection from the risks related to exposure to asbestos. These regulations updated and replaced the previous 2006 version. We have provided you with a very basic and simplified explanation to the significance of each regulation.

For a more in depth understanding of the regulations we recommend reading Managing and working with asbestos – Control of Asbestos Regulations 2012 – Approved Code of Practice and Guidance.

REGULATION 1: Citation and Commencement

Confirms ‘These Regulations may be cited as the Control of Asbestos Regulations 2012 and come into force on 6th April 2012.’

REGULATION 2: Interpretation

Confirms in Summary that ‘This regulation provides definition and interpretation of the terms used in the Regulations.’

REGULATION 3: Application of these Regulations

This regulation states how the Regulations apply to duty holders (including self-employed). It also highlights the exemptions.

REGULATION 4: Duty to manage asbestos in non-domestic premises

This regulation covers the duty to manage asbestos in non-domestic premises. It requires duty holders to identify the location and condition of asbestos in non-domestic premises and to manage the risk to prevent harm to anyone who works on the building or to building occupants. It also explains what is required of people who have a duty to co-operate with the main duty holder to enable them to comply with the regulation. Non-domestic premises includes the common parts of domestic premises.

REGULATION 5: Identification of the Presence of Asbestos

This regulation requires employers to identify the presence of asbestos and its type and condition before any building, maintenance, demolition or other work, liable to disturb asbestos begins. It also sets out the requirement to arrange a survey if existing information on the presence of asbestos in the premise is incomplete or appears unreliable.

REGULATION 6: Assessment of work which exposes employees to asbestos

This regulation requires employers to carry out a risk assessment to identify the risk of exposure to asbestos. It sets out the requirement to record any significant findings and put in place steps to prevent, or reduce, exposure to employees.

REGULATION 7: Plans of work

This regulation requires employers to prepare a written plan before work on asbestos is carried out, including details of work, and the appropriate actions to control risk and prevent harm.

REGULATION 8: Licensing of work with asbestos

This regulation requires employers to obtain a licence from HSE before they can carry out any licensable work with asbestos.

REGULATION 9: Notification of work with asbestos

This regulation requires employers to notify the appropriate enforcing authority of proposed work which is either licensable (always notifiable) or NNLW (applies to some non-licensable work). It also outlines the requirements to notify any material change which might affect the particulars of the original notification, this is particularly important for licensable work.

REGULATION 10: Information, instruction and training

This regulation requires employers to make sure that anyone liable to disturb asbestos during their work, or who supervises such employees, receives the correct level of information, instruction and training to enable them to carry out their work safely and competently and without risk to themselves or others.

REGULATION 11: Prevention or reduction of exposure to asbestos

This regulation requires employers to prevent employees being exposed to asbestos or, if this is not possible, to put in place the measures and controls necessary to reduce exposure to as low as is reasonably practicable.

REGULATION 12: Use of control measures etc.

This regulation requires employers to put procedures in place to make sure employees use and apply control measures. It also requires the employees to make full and proper use of those measures.

REGULATION 13: Maintenance of control measures etc.

This regulation requires employers to carry out regular inspection and maintenance of control measures to make sure they are kept in good efficient working order. It also requires a competent person to test and examine exhaust ventilation and RPE at suitable intervals and for records of examinations and tests to be kept for at least five years.

REGULATION 14: Provision and cleaning of protective clothing

This regulation requires employers to provide employees with adequate personal protective clothing appropriate for the work they will be doing. It also sets out the requirement for proper cleaning, maintenance and storage of the clothing.

REGULATION 15: Arrangements to deal with accidents, incidents and emergencies

This regulation requires employers to prepare procedures on what to do if there is an accident, unplanned, uncontrolled release of asbestos fibre. Also, for licensable work, procedures must be planned, implemented and tested and warning systems should be in place. Details of this information must be given to the emergency services.

REGULATION 16: Duty to prevent or reduce the spread of asbestos

This regulation requires employers to prevent or reduce the spread of asbestos anywhere work is being carried out under their control.

REGULATION 17: Cleanliness of premises and plant

This regulation requires employers to make sure that work areas, plant and equipment used for asbestos work are kept clean. It also requires the employer to make sure the area is thoroughly cleaned after work is finished.

REGULATION 18: Designated areas

This regulation requires employers to make sure that areas where asbestos work is being carried out are separated, clearly marked, and restricted to those required to work in the area. It also requires the employer to provide suitable facilities for employees to eat and drink.

REGULATION 19: Air Monitoring

This regulation requires employers to arrange monitoring of airborne asbestos fibres and keep records of the results. It sets out how long records should be kept and that they should be made available to employees or the regulator as required.

REGULATION 20: Standards for air testing and site clearance certification

This regulation requires employers performing their own air testing to do it in a way that meets the criteria as set out in ISO 17025. It also requires employers to make sure that any person they engage to perform asbestos air testing and site clearance is competent and accredited by the appropriate accreditation body.

REGULATION 21: Standards for analysis

This regulation requires employers performing their own analysis of material to check for asbestos in a way that meets the criteria set out in ISO 17025. It also requires employers to make sure any person they engage to perform analysis is accredited to ISO standard by the appropriate body.

REGULATION 22: Health records and medical surveillance

This regulation requires employers to arrange appropriate examinations for any employees who carry out licensable work or NNLW. Its also sets out what health records employers must keep and for how long

REGULATION 23: Washing and changing facilities

This regulation requires employers to provide suitable and sufficient washing, changing and storage facilities for employees, and sets out the specific requirements for hygiene facilities for licensable work.

REGULATION 24: Storage, distribution and labelling of raw asbestos and asbestos waste

This regulation requires employers to make sure that raw asbestos and asbestos waste is properly packaged, labelled, stored and transported.

REGULATION 25: Interpretation of Prohibitions

This regulation provides interpretation of the prohibitions.

REGULATION 26: Prohibition of exposure to asbestos

This regulation explains the prohibitions of exposure to asbestos .

REGULATION 27: Labelling of products containing asbestos

This regulation outlines the requirements on the labelling of products containing asbestos.

REGULATION 28: Additional provisions in the case of exceptions and exemptions

This regulation highlights exceptions and exemptions and when they apply.

REGULATION 29: Exemption certifications

This regulation explains exemption certifications and when they may be granted.

REGULATION 30: Exemptions relating to the Ministry of Defence

This regulation explains how The Secretary of State for Defence may grant exemption in the interests of national security.

REGULATION 31: Extensions outside Great Britain

This regulation states and explains how these regulations can or may apply to any works outside Great Britain.

REGULATION 32: Existing licences and exemption certificates

This regulation outlines existing licences and exemption certificates.

REGULATION 33: Revocations and savings

This regulation explains what is revoked and what must be kept.

REGULATION 34: Defence

This regulation makes clear grounds for a defence if an offence is committed; namely that ‘’it is a defence for any person to prove that all reasonable precautions were taken and all due diligence was exercised by that person to avoid the commission of that offence’’.

REGULATION 35: Review

This regulation sets out the review criteria and process, including of all the regulations 1 to 34.

If you believe you may have asbestos on your commercial or private property, you have a legal responsibility to manage it. ESSS, a UKAS and ISO accredited asbestos consultancy, is equipped to determine the extent of your asbestos and develop a plan for the management and/or removal. Contact us today at 01268 755 464 or by visiting http://www.esss.co.uk/.


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