HSE Public Consultation Document (CD285) on Proposed Amendments to the Control of Asbestos Regulations 2012 (CAR 2012) – CWU Response
To: All Branches
The HSE has published Public Consultation Document (CD285) in which it proposes to amend the Control of Asbestos Regulations 2012 (CAR 2012) to implement a legislative change that was recommended by the ‘Post Implementation Review’ (PIR).
The proposal is to align the periods between medical examinations for workers engaged in licensed Asbestos work (currently 2-yearly) with those engaged in notifiable non-licensed Asbestos work (currently 3-yearly). In effect it would become 3-yearly for all.
The consultation document (CD285) states that the proposal to change the frequency of medical examinations for workers engaged in licensed Asbestos work from 2-yearly to 3-yearly which they state is intended to streamline the medical surveillance requirements of the legislation, but that it does not represent a reduction in worker protection.
The CD explains that it will also be necessary to amend the Approved Code of Practice Managing and Working with Asbestos (HSE publication L143) to reflect the proposed change to the legislation.
In addition, it states that some of the other PIR recommendations can be achieved by amendments to guidance in other parts of L143.
Proposed Changes CWU Response
The CWU, TUC and all UK Trade Unions will be responding by rejecting and opposing the change. In short, the trade union view is that any harmonisation should be upwards to 2-Yearly for all and NOT downwards to 3-Yearly for all.
The Consultation closing date is 30 October 2017 and any Safety Rep, Branch or Regional Health and Safety Forum that wishes to respond should do so by that date.
CD285 seeks views on the proposed changes and includes a number of questions, divided into four parts:
1. The legal changes required to bring about the recommendation in the PIR report 2. The amended Approved Code of Practice 3. The amended guidance in the Approved Code of Practice 4. The impact on business of making the changes
See attached copy of the CWU/HQ response and a copy of the HSE Public Consultation Document (CD285).
National Health, Safety & Environment Officer