Legislation and Guidance
Asbestos Related Legislation
The Safety, Health and Welfare at Work (Asbestos) Regulations 2006-2010 apply to all work activities which expose persons to risks arising from the inhalation of dust from asbestos or asbestos containing materials. The regulations apply to all workplaces (including domestic construction work) where there is a risk of asbestos exposure during the course of work activities.
The Safety, Health and Welfare at Work (Carcinogens) Regulations 2001-2019, apply to asbestos where such application is more favourable to health and safety at work.
The Safety, Health and Welfare at Work (Construction) Regulations 2013 (S.I. No. 291 of 2013), are also of relevance with respect to the renovation, repair and demolition of older buildings where asbestos or ACM's may have been used. Asbestos is a “particular risk” so Project Supervisors must be appointed.
Note the above is not an exhaustive list of legislation that is applicable to work with asbestos and other relevant legislation, may also be applicable to your work activities, for example, Confined Space, Work at Heights etc..
Asbestos (Restrictions and Exemptions)
The marketing and use of asbestos has been restricted since 1999 under the Marketing and Use Directive 76/769/EEC as amended. The REACH Regulation (EC) No. 1907/2006 as amended by Regulation (EC) No. 552/2009 (entry no. 6 of Annex XVII for asbestos) prohibits the manufacture, placing on the market and use of these fibres and of articles containing these fibres.
The REACH Regulation (EC) No. 1907/2006 prohibits the placing on the market, the supply and use of asbestos fibres of all types and of products containing asbestos fibres. The restriction conditions for asbestos fibres can be found in entry no. 6 of Annex XVII of the REACH Regulation, recently amended by Regulation (EC) No. 552/2009
The use of articles containing asbestos fibres, which were already installed and/or in service is allowed until they are disposed of or reach the end of their service life. Workplace health and safety legislation applies.
The Chemicals (Asbestos Articles) Regulations 2011,
allow for sampling and analysis and for asbestos removal, transfer and disposal by competent persons. The provisions of the Asbestos Regulations still apply.
allow the placing on the market of articles in their entirety containing asbestos fibres which were already installed and/or in service before 1 January 2005, under specific conditions ensuring a high level of protection of human health. You must apply to the Health and Safety Authority (HSA) for an ‘asbestos article exemption certificate’ before you place permitted asbestos-containing articles on the market (whether for payment or free). It is an offence to place such articles on the market in the absence of such an exemption certificate. Once a certificate is issued, for either a category of articles or in respect of a particular applicant only, and subject to any conditions and time limits, as appropriate, then the articles concerned may be placed on the market. Otherwise, asbestos-containing articles may not be placed on the Irish market.
How do I apply for an Asbestos Article Exemption Certificate?
You can download the Asbestos Article Exemption Certificate form here.
Please refer to our Guide to the Chemicals (Asbestos in Articles) Regulations 2011
Do you carry out repair, renovation or maintenance works in older buildings?
Practical Guidelines on ACM Management and Abatement
Carriage of Asbestos Containing Material by Road
Guide to the Chemical Asbestos Articles Regulations