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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010 reg 10

reg 10 Exposure to asbestos

(1) Where the limit value is exceeded the employer must— (a) identify the reasons for this and take appropriate measures to remedy the situation as soon as possible, and (b) prevent work from continuing in the affected area until adequate measures have been taken for the protection of the workers concerned. (2) In order to check the effectiveness of the measures mentioned in paragraph (1)(a), the employer must immediately carry out a further determination of the airborne concentration of asbestos fibres. (3) Where exposure cannot be reduced by other means and where compliance with the limit value makes necessary the wearing of individual protective breathing equipment, the employer— (a) may not require a worker to carry out work requiring the wearing of such equipment on a permanent basis; and (b) must keep work requiring the wearing of such equipment to the strict minimum necessary for each worker. (4) Where in the case of activities such as demolition, repair, maintenance and the removal of asbestos it is foreseeable that the limit value will be exceeded, despite the use of technical preventative measures for limiting the airborne concentration of asbestos fibres, the employer must determine the measures necessary to ensure protection of workers engaged in those activities, and in particular must— (a) issue suitable respiratory and other personal protective equipment to workers and ensure that it is worn, (b) put up warning signs indicating that it is foreseeable that the limit value will be exceeded, and (c) prevent asbestos from spreading outside the area of activity. (5) During periods of work which require the use of individual protective breathing equipment, the employer must, in consultation with the workers or their representatives, make provision for breaks appropriate to the physical and climatological conditions.

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