Dáil Éireann díospóireacht -
Thursday, 22 Nov 2001

Vol. 544 No. 5

Written Answers. - Hazardous Substances.

Alan M. Dukes

Ceist:

67 Mr. Dukes asked the Tánaiste and Minister for Enterprise, Trade and Employment the statutory provisions and instruments relevant to the presence and use of asbestos in the workplace and to the safety of workers in the presence of asbestos. [29389/01]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989) and the Safety, Health and Welfare at Work (General Application) Regulations, 1993 (S.I. No. 44 of 1993), impose duties on employers and employees to ensure that the health and safety of workers, who may be affected by a work activity, are protected. The removal of asbestos, or materials containing asbestos, comes within the scope of the Safety, Health and Welfare at Work (Construction) Regulations, 2001 (S.I. No. 188 of 2001).

In addition, comprehensive European Union-derived legislation exists for the protection of workers at work under the European Communities (Protection of Workers) (Exposure to Asbestos) Regulations, 1989, as amended in 1993 and 2000 (S.I. No. 34 of 1989, S.I. No. 276 of 1993 and S.I. No. 74 of 2000 respectively). The regulations apply to all work which exposes persons to risks arising from the inhalation of asbestos fibres. The aim of the regulations is to protect the health of employees by reducing the level of exposure to asbestos fibres in the workplace, by setting lower exposure limits for asbestos fibre concentration in air, by establishing methods for sampling and measuring asbestos fibres in air and by banning the use of low density asbestos materials. The regulations require that adequate information, instruction and training must be provided to workers with respect to the potential risk to their health should they become exposed to asbestos fibres and they outline the precautions to be taken to provide such protection. The European Communities (Protection of Workers) (Exposure to Asbestos) (Amendment) Regulations, 2000 are designed to implement certain elements of Council Directive 87/217/EEC relating to the prevention of significant environmental pollution due to the release of asbestos fibres or dust, arising from the demolition of buildings, structures and installations containing asbestos and the removal therefrom of asbestos or materials containing asbestos.

To reflect the change in emphasis from manufacture and application of asbestos-containing materials to protecting those working in buildings with asbestos-containing materials, or during the removal of such materials, the EU is currently drafting a proposal to amend the current Community asbestos worker protection legislation. The proposed directive will provide for specific requirements to ensure the protection of high-risk workers against asbestos fibres exposure. In addition, this directive will further reduce the existing exposure limits so as to enhance the protection of workers.