Written Answers. - Asbestos Remediation Programme.
Liz McManus
Question:
124
Ms McManus
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if she has satisfied herself that all reasonable precautions have been taken to prevent exposure to asbestos in the workplace; if there are plans for a campaign to alert workers to the dangers of asbestos, particularly in older buildings; if she has further satisfied herself that there are adequate procedures in place to ensure reporting of all deaths arising from exposure to asbestos; and if she will make a statement on the matter.
[18459/03]
I have been informed by the Health and Safety Authority that in the case of exposure to asbestos, as with all worker protection legislation, the primary aim is to protect as far as is reasonably practicable the safety, health and welfare of workers at work. This includes the requirement to protect workers from the potential exposure to asbestos fibres if present in the air at the workplace, or if released into the air by virtue of work activities in progress.
A wide range of relevant worker protection legislation currently exists, including the Safety, Health and Welfare at Work Act 1989, the Safety, Health and Welfare at Work (General Application) Regulations 1993, as amended in 2001 and 2003, certain requirements of the Safety, Health and Welfare at Work (Construction) Regulations 2001 and the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations 1989, as amended in 1993 and 2000.
In addition, under the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations 2003, there is a prohibition on the placement on the EU market of all types of asbestos materials, with some minor derogations until January 2005 for specific and limited use where no suitable alternative material currently exists. In March this year a new asbestos worker protection directive, Council Directive 2003/18/EC, was adopted and must be implemented in all member states not later than 15 April 2006.
Taking account of the range of legislation applying, and subject to strict compliance with and implementation of those legislative requirements, it is considered that all reasonable precautions are being taken to prevent exposure to asbestos fibres in the workplace.
Aside from the authority's ongoing enforcement and advisory work in this area, there are currently no plans for a specific campaign to alert workers to the dangers of asbestos. Under existing legislation such information is currently required to be given to workers by their employers. Employers must identify any hazard – physical, chemical or biological – which may exist at the workplace and assess the possible risk to workers that this hazard may cause should exposure occur. If any maintenance, refurbishment, demolition or construction work is planned on an existing building a survey must be performed to establish if there is asbestos containing materials present in the building prior to the commencement of the work so as to avoid the risk of any such materials being disturbed and thus releasing fibres to air.
It should be noted that not every old or existing building will contain asbestos containing materials, but where there exists a possibility that asbestos materials are present, the building should be surveyed and any identified materials should be risk assessed as to the best action to be taken so as to protect workers from the potential for exposure to occur.
As regards the reporting of deaths arising from exposure to occupational asbestos the authority maintains an asbestosis and mesothelioma register. The information recorded in it relates to cases of asbestosis and mesothelioma, which have been notified to the authority by registered medical practitioners who become aware of such cases of disease. In addition, inquests held at the Coroner's Court involving suspected cases of mesothelioma, which could be related to occupational exposure, are also reported to the authority.
Question No. 125 answered with Question No. 110.
