CD237 HSE Proposal for Revised Asbestos Regulations

COMMENTS BY Close of Play 1 NOVEMBER 2011 PLEASE

Please find three documents to do with the HSE Extension to Cost Recovery Consultation:

1. Original submission document – blank version.
2. PSS suggested response.
3. CD237 Consultation Document

BACKGROUND
The UK is required to include in its regulation terms regarding “friable / non-friable” and “deterioration” of asbestos. To protect the risk based approach of UK and ensure low risk work doesn’t become part of licensed unnecessarily, the HSE has created a third category of work; ‘Notifiable Non-Licensed Work’ (NNLW). NNLW work sits between Non-Licensed Work and Licensed Work.

HSE is keen for this not to have an adverse impact on the asbestos business, so there are several questions in the consultations which can best benefit by those with expert opinions an experience providing commentary where possible. Thank you in anticipation.

ADDITIONAL QUESTION
In light of the above, the HSE are keen to hear from members if any part of this proposal to change regulations is too prescriptive and thus undermining the ‘Risk Based’ (goal seeking) approach to regulation in the UK.

Please provide your answer to this question in your return email, separate to any response you make.

Here are links to HSE website:

CD237 Landing Page – shows link to response form as well
http://www.hse.gov.uk/consult/condocs/cd237.htm

The Consultation Document
http://consultations.hse.gov.uk/gf2.ti/f/15426/401829.1/pdf/-/CD237%20Co…

Work has already been done on the submission document to assist you in your thought processes.

Please take a look at the draft submission and provide input where you can:

• You’ll find red text inserted where input is requested.
• Question 1.1 – this is the critical question of this consultation – have set it as YES unless members say otherwise.
• Question 1.2 – definitions of asbestos products are key to helping the new regulation work.
• Part 2 is one question on its own, and will help HSE understand what is likely to fall into the new category of NNLW before regulations are drafted.
• Question 3.1 – this has two parts to it:
1. if HSE’s Impact Assessment has attributed the changes correctly. – have set it as YES unless members say otherwise.
2. if you know of occupations that involve asbestos, would appreciate being able to add to this list before going out to other members.
• Question 3.3 – Cost of medical examination – have set it as YES unless members say otherwise.
• Answers to Questions 3.7 and 3.8 are very much needed by HSE in order for them to complete their assessment of these regulations.
• Question 3.14 – this asks about likelihood of increased costs being passed on by businesses to clients as a result of new regulations.
• Provide your own comments for submission, as you see fit.
• Make comments on the proposed responses.
• Decide overall if you’re happy for this document to be submitted to the HSE Asbestos Consultation team.

We would very much appreciate your comments by Close of Play 1 November 2011, to enable us to meet the final cutoff of 4 November 2011.