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Regulation 9 

Control to exposure

(1) An employer or self-employed person must ensure that the exposure of a person to asbestos is either prevented        or, where this is not reasonably practicable, adequately controlled: Provided that the control of exposure is                  regarded as adequate if the measured airborne concentration of regulated fibres is—

      (a) at or below the OEL for asbestos; or

      (b) above the OEL for asbestos, but the reason has been identified and action is taken, as soon as is reasonably               practicable, to lower airborne concentrations to a level as low as reasonably practicable below the OEL for                   asbestos.


(2) Where reasonably practicable, an employer or self-employed person must control exposure to asbestos—

      (a) by limiting the number of persons who will be exposed or may be exposed;

      (b) by limiting the period during which persons will be exposed or may be exposed;

      (c) by limiting the amount of asbestos dust that may contaminate the working environment;

      (d) by introducing engineering control measures for the control of exposure to asbestos, which include the                       following:

           (i) Process separation or enclosure;

           (ii) bonding of asbestos fibres with other materials to prevent the release of asbestos dust;

           (iii) the use of wet methods, where appropriate; and (iv) the provision of a negative pressure unit with a                              filtration efficiency of at least 99 per cent for particles one micrometre in size, in the case of type 3                                  asbestos work, with a fault 18 indicator to provide early warning of a failure of the negative pressure unit;                    and

      (e) by complying with the requirements of regulation 19.


(3) With regard to the contamination of water with asbestos, an employer or self-employed person must ensure              that—

      (a) any water that is contaminated with asbestos as a result of work being performed is passed through a                         filtration system before being released into any environment or water system;

      (b) a suitable water filtration system is used, which will ensure that the quantity of asbestos being released or                   entering into any environment or water system is reduced as far as is reasonably practicable; and

      (c) contaminated parts of the filtration system, when discarded, are disposed of as asbestos waste.


(4) By introducing appropriate written work procedures that an employee must follow, an employer or self-                        employed person must ensure that—

      (a) asbestos-containing materials are safely handled and disposed of in the appropriate manner; and

      (b) installations, equipment, tools and negative pressure units are safely used, decontaminated and maintained.


(5) An employer or self-employed person must report to the Chief Director: Provincial Operations, by telephone,              electronic mail or similar means of communication, any spill, disturbance or uncontrolled release of asbestos,            which may be considered a health hazard.

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