S.L. 646.15 Art. 3Assessment of risk.

(1) In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, this risk shall be assessed in such a way as to determine the nature and degree of the workers’ exposure to dust arising from asbestos or materials containing asbestos and to prioritise removal of asbestos or materials containing asbestos over other forms of asbestos handling.

(2) As long as workers’ exposure is sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in sub-regulation (1) that the relevant limit value as established in regulation 8 shall not be exceeded in the air of the working area, regulations 4, 12, 13(2), 14 and 15 shall not be applicable where work involves:

(a) short, non-continuous maintenance activities in which only non-friable materials are handled,

(b) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix,

(c) encapsulation or sealing of asbestos-containing materials which are in good condition,

(d) air monitoring and control, and the collection of samples to ascertain whether a specific material contains asbestos.

(3) The assessment provided for in subregulation (1) shall be the subject of consultation with the workers and, or their representatives within the undertaking or establishment and shall be revised where there is reason to believe that it is incorrect or there is a material change in the work.