The Control of Asbestos Regulations 2006

Additional provisions in the case of exceptions and exemptions

31.—(1) Where under an exception in Schedule 3 or an exemption granted pursuant to regulation 32 or regulation 33 asbestos is used in a work process or is produced by a work process, the employer shall ensure that the quantity of asbestos and materials containing asbestos at the premises where the work is carried out is reduced to as low a level as is reasonably practicable.

(2) Subject to paragraph (3), where under an exception in Schedule 3 or an exemption granted pursuant to regulation 32 or regulation 33 a manufacturing process which gives rise to asbestos dust is carried out in a building, the employer shall ensure that any part of the building in which the process is carried out is—

(a)so designed and constructed as to facilitate cleaning; and

(b)is equipped with an adequate and suitable vacuum cleaning system which shall, where reasonably practicable, be a fixed system.

(3) Paragraph 2(a) shall not apply to a building in which, prior to 1st March 1988, there was carried out a process to which either—

(a)as then in force, regulation 13 of the Asbestos Regulations 1969(1) applied and the process was carried out in compliance with that regulation; or

(b)that regulation did not apply.