PART 3PROHIBITIONS AND RELATED PROVISIONS

Additional provisions in the case of exceptions and exemptions31

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 196917 applied and the process was carried out in compliance with that regulation; or

b

that regulation did not apply.