13 March 2023
eternit sheets

The articles in the code on well-being at work concerning asbestos have been updated. For example, the asbestos rules regarding inventory, air measurements, and preventive measures have been tightened. This Royal Decree came into effect on March 9. The main changes are the following:

Annual update of the asbestos inventory

Articles VI.3-4 and VI.3-6 of Title 3, Book VI of the code oblige the employer to draw up an inventory of all asbestos-containing materials in all parts of the buildings, in the work equipment and protective equipment at the workplace, and to update this inventory.

An additional obligation has now been added: ″This inventory is updated annually, as well as after any event or action that gives rise to a change in the condition of the asbestos-containing material present, after removal of asbestos-containing material, and after detection of asbestos-containing material not listed in the inventory.″

Advice from prevention adviser, occupational doctor and submission to the Committee

This obligation already existed for the asbestos inventory itself but has now also been added for the update; the occupational safety prevention adviser and the occupational doctor must provide their written advice and this information must also be submitted to the Committee.

Clarification on who must carry out destructive asbestos surveys before the start of (demolition) works

Article VI.3-4 previously stipulated that before the start of works that may involve asbestos removal, demolition, or other works that may lead to asbestos exposure, the existing (visual) asbestos inventory had to be expanded with a (destructive) inventory containing data on the presence of asbestos and asbestos-containing material in parts of buildings, machinery and installations that are difficult to access and which, under normal circumstances, cannot lead to asbestos exposure. And that in such a case, intact material could be damaged by sampling.

It is now clarified that the person responsible for this additional (destructive) inventory is the 'employer-client of these works'.

The creation of a new or update of an existing asbestos inventory must henceforth be carried out according to the procedure included in the new Annex VI.3.5.

It is also determined how samples must be taken for the analysis of the presence of (in accordance with the procedure described in Annex VI.3-5).

New method for drawing up asbestos inventory - equipment list for the inventory specialist - standard as conforming guideline

A new Annex VI.3-5 is added to Title 3, Book VI of the code. This annex comprises the procedure to be applied when drawing up an asbestos inventory.

This annex first contains a list of equipment that the inventory specialist must have to take representative samples, prevent cross-contamination between samples, not contaminate the environment, and protect themselves. This is not an exhaustive list, and additional equipment may prove necessary if the sampling technique requires it or if the risk assessment indicates it.

The sampling of asbestos-suspect materials is carried out according to the most recent and suitable scientific guidelines that guarantee accurate results and ensure a high level of protection for the inventory specialist and the environment.

Persons applying the English code of good practice 'HSG248: Asbestos: The analysts' guide for sampling, analysis and clearance procedures' are presumed to comply with these most recent scientific guidelines.

Other changes:

  • clarification of asbestos information that must be provided to contractors to avoid asbestos exposure
  • works must be stopped if a contractor encounters suspicious material during the execution of works
  • carrying out air measurements according to a sampling strategy drawn up by the recognized laboratory - information obligation CPPW and advice PAAA
  • alternative for works in hermetically sealed areas that are technically not feasible
  • adaptations of the preventive measures in the annex to the technique of the hermetically sealed area

The full legal text can be found here.

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