reg 4 Application
(1) Without prejudice to regulation 5 (general duties) of the General Duties Regulations, and subject to paragraphs (2) to (5), these Regulations apply in relation to activities in which workers on a United Kingdom ship are or may be exposed to asbestos during their work. (2) Where— (a) a ship is being used in the course of public service activities or activities for the purposes of the civil protection services, and (b) characteristics peculiar to those activities inevitably conflict with a provision of these Regulations, that provision does not apply in relation to that ship to the extent of that conflict. (3) To the extent that a provision of these Regulations does not apply in relation to a ship because of paragraph (2) there is in relation to that ship a duty on the employer to ensure, so far as is reasonably practicable, the health and safety of workers who are or may be exposed to asbestos during their work. (4) These Regulations do not apply to activities of a worker which are covered by the Control of Asbestos Regulations 2012 or the Control of Asbestos Regulations (Northern Ireland) 2007 . (5) This regulation (other than paragraph (1)) and regulations 25 and 27 apply in relation to activities on ships other than United Kingdom ships, which are for the time being in United Kingdom waters, during which workers are or may be exposed to asbestos in the course of their work. (6) In paragraph (2)— (a) “ civil protection services ” includes the fire and rescue and ambulance services and search and rescue services provided by any other person, and (b) “ public service activities ” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services. (7) The General Duties Regulations continue to apply to activities to which these Regulations apply, without prejudice to any more stringent or specific provisions contained in these Regulations. (8) Regulations 6 and 17 and paragraphs (1) to (3) of regulation 18 do not apply where— (a) worker exposure to asbestos is sporadic and of low intensity, (b) it is clear from the results of the risk assessment required in accordance with Regulation 5 that the limit value will not be exceeded in the air of the area of activity, and (c) work involves— (i) short, non-continuous maintenance activities in which only non-friable materials are handled ; (ii) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix; (iii) encapsulation or sealing of asbestos-containing materials which are in good condition; or (iv) air monitoring and control, and the collection of samples to ascertain whether a specific material contains asbestos. (9) For the purposes of paragraph (8)(a), exposure to asbestos will not be sporadic and of low intensity if the concentration of asbestos in the atmosphere when measured in accordance with the 1997 WHO recommended method exceeds or is liable to exceed 0.6 fibres per cm 3 in the air measured over a ten minute period or if the limit value is, or is liable to be, exceeded.