Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (codified version) (Text with EEA relevance)Text with EEA relevance

This Directive has as its aim the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work.

It lays down the limit values for this exposure, as well as other specific requirements.

This Directive shall not prejudice the right of Member States to apply or introduce laws, regulations or administrative provisions ensuring greater protection for workers, in particular as regards the replacement of asbestos by less dangerous substitutes.

This Directive shall apply to activities in which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos.

In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, this risk must 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.

Provided that worker exposure is sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in paragraph 2 that the exposure limit for asbestos will not be exceeded in the air of the working area, Articles 4, 18 and 19 may be waived where the work involves:

1. short, non-continuous maintenance activities in which only non-friable materials are handled;

2. removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix;

3. encapsulation or sealing of asbestos-containing materials which are in good condition;

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

Member States shall, following consultation with representatives from both sides of industry, in accordance with national law and practice, lay down practical guidelines for the determination of sporadic and low-intensity exposure, as provided for in paragraph 3.

The assessment referred to in paragraph 2 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.

Subject to Article 3(3), the measures referred to in paragraphs 2 to 5 shall be taken.

The activities referred to in Article 3(1) must be covered by a notification system administered by the responsible authority of the Member State.

The notification referred to in paragraph 2 shall be submitted by the employer to the responsible authority of the Member State, before the work commences, in accordance with national laws, regulations and administrative provisions.

The notification must include at least a brief description of:

1. the location of the worksite;

2. the type and quantities of asbestos used or handled;

3. the activities and processes involved;

4. the number of workers involved;

5. the starting date and duration of the work;

6. measures taken to limit the exposure of workers to asbestos.

Workers and/or their representatives in undertakings or establishments shall have access to the documents which are the subject of the notification referred to in paragraph 2 concerning their own undertaking or establishment in accordance with national laws.

Each time a change in working conditions is likely to result in a significant increase in exposure to dust from asbestos or materials containing asbestos, a new notification must be submitted.