Asbestos

Responsibility for enforcing health and safety legislation for the operating railway was passed to us from HSE by the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006.

HSE Responsibility for working with asbestos

Under these, the HSE has retained responsibility for work with asbestos carried out under a licence, as well as the licensing process itself.  Work with asbestos is one of the areas covered in the Memorandum of Understanding (MoU) between HSE and ORR, which provides for mutual co-operation and technical support.

The Control of Asbestos Regulations 2006 (CAR) regulations carried forward requirements previously contained in 'The Control of Asbestos at Work Regulations 2002'; 'The Asbestos (Licensing) Regulations 1983' and 'The Asbestos (Prohibitions) Regulations 1992'.

What does the legislation cover?

Subject to a few exemptions The Control of Asbestos Regulations prohibit the import, supply and use of asbestos and items containing asbestos of all types.

  • Regulation 27 prohibits the import of asbestos or any product to which asbestos has intentionally been added.
  • Regulation 28 prohibits the supply, other than for disposal, of asbestos or any product to which asbestos has intentionally been added.
  • Regulation 29 prohibits the use of asbestos, except for disposal, any product to which asbestos has been intentionally added.

Are there exemptions?

However Regulation 32 allows the HSE to grant exemption certificates subject to:
(a) The requirement that it is satisfied that the health and safety of those involved will not be damaged, and
(b) Any provisions imposed by the communities in respect of marketing and use.

Under Regulation 35 of The Control of Asbestos Regulations, existing exemption certificates granted by the HSE under the previous regulations shall continue to have effect, these include:

Exemption Certificate No. 1 of 1995

Exempts the supply, by way of lease, of rail vehicles to authorised train operators for use on the national rail network. This exemption contains the condition that the vehicles must have been through British Rail's asbestos removal programme for the removal of amphibole asbestos from all parts of the vehicle. If any such asbestos remains in the vehicle, it is protected, and cannot release any asbestos fibre during normal operation or routine light maintenance.

Exemption Certificate No. 2 of 1999

Exempts the supply of rail vehicles containing amphibole asbestos to museums and to minor and heritage railways. A similar condition applies requiring all amphibole asbestos to have been removed so far as is reasonably practicable.

Exemption Certificate No. 2 of 2003

Exempts trains with bearings or housings containing a mixture of asbestos and phenol/cresilic formaldehyde resin. More information about our strategy for rolling stock can be found in Rolling stock summary strategy

Last updated: 25 February 2008