Asbestos regulations in Ireland

Rules

Health and Safety Authority

The Health and Safety Authority (HSA) has legal powers under the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations, 1989 (as amended) to ensure the protection of workers from the risks related to exposure to asbestos at work. The Authority is responsible for policing anyone engaged in work with asbestos, including professional asbestos removal, and surveying firms so as to ensure that the worker protection legislation is implemented.

The Authority must be informed (notified) 28 days before an operation is planned whereby the legally set "action level" may be exceeded. It also requires a method statement from anyone planning to remove asbestos (all activities). This document should give details about the plan of work, e.g., how many crew members will be working on the job, the measures to be used to protect the workers, the measures to control the potential release of asbestos fibres to air, etc. This document must be prepared in advance of the work commencing, must be available at the worksite, and understood and complied with by all those involved in the specified work activity to which the method statement refers.

The Authority has the power to inspect sites where work with asbestos is being carried out and its inspectors can call on a site without giving notice. They must be given full access to all areas of that site to ensure that the Regulations are being complied with.

All HSA inspectors have the authority to close down a site immediately if they have reason to believe that dangerous practices are in place. A prohibition notice can be placed on the site or specific operation and remains effective until the reason for issuing the notice has been rectified or remediated. If an employer fails to act positively and fully regarding corrective action and the requirements set down in a prohibition notice then the Authority can begin prosecution. The case can be taken to the District Court or High Court, depending on the circumstances and seriousness of the infringement. If a person is convicted of an offence under the Asbestos Regulations (1989),as amended, the court can impose a fine not exceeding 1,270 euro on summary conviction. As well as or instead of this, the court can order that the accused take the necessary steps to remedy the situation within a specific time. If, after that time is up, these steps have not been taken, that person is guilty of an offence and on summary conviction, can be fined 127 euro for every day the offence continues.

The HSA advice on finding asbestos is to leave it where it is, providing it is in good condition and is managed on-site, and ensure it remains in a safe condition. This advice is dependent firstly on the fact that an appropriate risk assessment has been performed by a competent person. As previously stated, if asbestos is to remain on-site, its location, type, condition, etc., must be recorded; the asbestos material clearly labelled and its location indicated on the plans or designs of the premises. This information must be presented to any workers (e.g., those laying cables, maintenance workers, plumbers, painters, computer installers, etc) who may come in contact with the asbestos during the course of their work so that they are aware of the possible risks to their health. If workers have any concerns about working in vicinity of asbestos-containing materials, they can contact the HSA where inspectors are available to answer questions and give advice. If necessary, a HSA inspector can examine a site on the basis of a complaint received and if the asbestos poses a serious risk to health, the inspector can order that the site be shut down until work is done to eliminate the risk.

Currently in Ireland, the legislation requires that if you are carrying out any work on your building, even if it is merely putting in new lighting or computers, you must be sure that you will not be disturbing any suspect material like asbestos. If you do not carry out a survey to confirm the nature of any suspect material found, you must assume that it is asbestos and deal with it accordingly. Any building owner who is renovating or demolishing a building is required by law to identify any particular risks, such as asbestos or asbestos-containing materials at the design stage of the job i.e. prior to commencing work/demolition. Based on the risk assessment, the owner must make every effort to remove these materials or to make sure they do not pose a threat to the health of his workers or others who may be affected. Asbestos must be removed before a building is demolished to prevent the risk of the fibres spreading and contaminating the surrounding areas and those who may be in the vicinity.

The Authority recommends that employees should have medical certification regarding fitness to work before starting work on an asbestos process that they have been notified about. The employer should pay for these medical expenses.

Employers who are responsible for those working in an environment with possible asbestos-containing materialsare required by law to follow these guidelines:

• Identify any asbestos on a site before work commences.
• Assess the risks to employees' health from the work that they do and decide what precautions are necessary to protect them (i.e., assess the type, condition, quantity, location of material(s), etc.)
• Provide employees with information, instruction and training so they know the risks involved in their work and the precautions they should take.
• Provide employees with the necessary protective gear (clothing and respiratory protective equipment) and be responsible for its cleaning and upkeep, as appropriate.
• Make sure there are adequate facilities for employees to wash, eat and drink.
• Prevent employees' exposure to asbestos or do all that is possible to keep the amount of asbestos in the air to a minimum.
• Dispose of any waste containing asbestos properly.
• Let employees know the results of any measurement of asbestos dust in the air in their work area. There are limits to the amount of asbestos dust a person can breathe over an eight-hour period. The limits are 0.3 fibres per millilitre of air for blue and brown asbestos and 0.6 fibres per millilitre of air for white asbestos.

Office of Public Works

The Office of Public Works is responsible for monitoring asbestos in all government buildings, including schools. At the moment, it is attempting to identify all asbestos in the nation's schools. Based on risk assessment and the results of surveys done by asbestos professionals, it is making decisions on how and when the asbestos needs to be removed. It is important to remember that if asbestos is in good condition, it poses no threat to health but because of the proximity of children to this material, the decision is being made to remove asbestos, even if this would not normally be considered necessary. If you have any concerns about asbestos in your child's school or in any government building, you should contact the Office of Public Works directly.

Environmental Protection Agency

The Environmental Protection Agency deals with the licensing of storage for hazardous waste, like asbestos. Special care must be taken when dealing with waste like asbestos and any company or local authority that stores this waste must do so in the correct way. Asbestos-containing waste should be disposed of as quickly as possible and in accordance with local regulations. If you have asbestos waste that you need to dispose of, you should contact you local authority to see if the landfill site will accept the waste. You can also contact one of the private companies that are licensed by the Environmental Protection Agency to store hazardous waste prior to disposal. All asbestos waste should be clearly labelled and bagged in plastic to prevent dust fibres escaping into the air.

Local authorities

Local authorities are responsible for investigating any incidents of air and water pollution in their areas (e.g., incorrect disposal of asbestos) and can prosecute any infringements of the Air Pollution Act, 1987 and the Local Government (Water Pollution) Act, 1977.

Penalties under the Air Pollution Act, 1987

Anyone who is found to be in breach of the provisions of the Act is guilty of an offence and can face the following:

For a summary conviction in the District Court: a fine not exceeding 1,270 euro (as well as a fine not exceeding 127 euro for every day on which the offence is continued) or imprisonment for any term not exceeding six months. If the court decides, you could be subject to both a fine and imprisonment.

On conviction or indictment in the District Court: a fine not exceeding 12,700 euro (as well as a fine not exceeding 1,270 euro for every day on which the offence is continued) or imprisonment for any term not exceeding two years. Again, if the court decides, you could be subject to both a fine and imprisonment.

A local authority can serve a notice to anyone it decides is breaking the law under the Air Pollution Act. This notice will specify what corrective measures must be taken to prevent air pollution and give a time limit for these measures to be taken. If a local authority considers that an individual or company has ignored its warnings and recommendations, it can take a case directly to the High Court. An injunction can be issued by the High Court, which will allow the local authority to deal with the situation immediately. This path is usually reserved for dealing with dangerous pollutants like asbestos, which the local authority considers to be a serious risk to public health or the environment.

The local authorities are also responsible for issuing waste collection permits. Any company that collects hazardous waste must have an up-to-date permit, which guarantees that it has the proper facilities to transport and dispose of waste like asbestos. You should always make sure that you only use certified companies when dealing with hazardous waste. Check with your local authority to make sure the company you choose has the correct permit.