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New Asbestos Regulations: What are the key changes and implications?
Directive (EU) 2023/2668 has introduced new provisions to enhance worker protection, improve detection methods, and increase oversight of asbestos-related activities.
Key regulatory changes
• Lower Exposure Limits: The occupational exposure limit will be reduced to 0.01 fibres/cm³ from 21st December 2025.
• Improved Detection Methods: By 2029, electron microscopy will replace phase-contrast microscopy to allow detection of thin asbestos fibres.
• Mandatory Asbestos Identification: All employers must assess structures for asbestos before any work activities and undertake an exposure risk assessment.
• Permit System: A permit must be obtained in advance of undertaking work with asbestos. The H.S.A will publish a list of those who obtained a permit.
• Worker Protection Measures: Enhanced training requirements for asbestos workers.
• Medical Monitoring and Disease Register: Workers exposed to asbestos will require specific health surveillance and exposure monitoring and an expanded list of medically diagnosed asbestos-related diseases will be maintained by the Authority.
What this means for employers and employees
• Increased number of asbestos work activities will require notification, with training records submitted in advance. Employers must obtain a permit before work with asbestos.
• Improved Work Practices: Employers will need to implement stricter controls to minimise asbestos exposure of workers as far as technically possible and prevent passive and secondary exposures.
• Enhanced Personal Exposure Monitoring: Regular personal exposure monitoring will be required throughout all different phases of asbestos work. Workers liable to be exposed above the OEL must be provided with suitable personal and respiratory protection.
• Expanded Training Requirements: Some existing asbestos removal workers will require additional training.
Medical Surveillance: All asbestos workers must be under medical surveillance and employers must keep employee exposure records.
Work to date on implementation of Directive EU 2023/2668
The Department have held a public consultation on the Directive. The objective of this public consultation was to seek the initial views of relevant stakeholders on the key provisions of the agreed Directive. See Public Consultation on EU 2023/2668'.
The HSA are engaging with the Department on the transposition of the Directive. As this is a European Directive, we have engaged with other European Regulatory Agencies through the EU Knowledge Sharing Scheme (KSS). We have issued 1 KSS questionnaire and responded to 4 KSS questionnaires.
The HSA has engaged with stakeholders including the Department of Enterprise Trade and Employment, Employer, Employee and Professional Organisations. These have included meetings, presentation and contact queries.
The European Commission’s DG Employment has contracted a consortium led by RPA Europe Prague s.r.o. (RPA Prague) and Risk & Policy Analysts Ltd (RPA Ltd) to support the development of an EU guidance document for the safe management of asbestos at work. The aim of the guidance document is to provide practical guidance on preventing and reducing occupational exposure to asbestos for employers, workers, occupational health and safety services and experts, and others concerned with advice on the safe management of asbestos at work. This study involves the collection of information from key stakeholders across 27 Member States and key third countries through direct requests, workshops, and pilots. See https://rpaltd.co.uk/asbestos-guide/
HSA plan on transposition of Directive EU 2023/2668
We are developing a new online Asbestos Notification System. There are additional notification requirements under the new Directive. The portal will assist in management of the new notification requirements in compliance with Article 15 of the Directive. The permit is issued by the Authority once the undertaking provides proof of compliance with Article 6 and Article 14 and these have been reviewed by the Authority. It will be an offence to undertake notifiable work in the absence of a valid permit which must available on site for the duration of the works.
Draft regulations are currently with the Department of Enterprise, Trade and Employment.
Stakeholder engagement will continue. Some seminars on respiratory hazards (including asbestos) are also planned for Q4 2025.
Website updates with relevant information are ongoing.