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The Decision Of The Council Of State Of Asbestos Work

Original Language Title: Valtioneuvoston päätös asbestityöstä

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State Council decision on asbestos night

See the copyright notice Conditions of use .

This Decision has been repealed by A 25.6.2015 , which is valid from 1 January 2016.

The Council of State has decided on the work of the Ministry of Labour of 28 June 1958. (299/58) , as amended by the Law of 29 January 1993, (144/93) :

ARTICLE 1
Purpose

The purpose of this Decision is to reduce and prevent exposure to asbestos resulting from work and the resulting health risk. The decision sets limit values and other specific requirements.

ARTICLE 2
Scope

This Decision shall apply to work which causes or may cause exposure to asbestos or other fibrous silicate minerals having an effect on human health in terms of intensity and quality of asbestos.

The prohibitions on asbestos and products containing asbestos are laid down in the Council Regulation concerning restrictions on asbestos (975/2004) . (27.4.2006/318)

The treatment of asbestos-containing waste is laid down in the Waste Act (1072/93) .

VNa restrictions on asbestos 975/2004 Has been repealed by Vnato 415/2009 . Waste L 1072/1993 Has been repealed by the Waste L 646/2011 . However, Article 35 still remains in force. See entry into force Waste L 646/2011 ARTICLE 148 2 and 3 of mag.

ARTICLE 3 (27.4.2006/318)

Paragraph 3 has been repealed by A 27.4.2006/318 .

§ 4
Definitions

For the purposes of this Decision, asbestos is the following fibrous silicate minerals:

-Actinolite CAS No 77536-66-4

-Amosiite CAS No 12172-73-5

-CAS No 77536-67-5

Crysotile CAS No 12001-29-5

-CAS No 12001-28-4

Tremolite CAS No 77536-68-6

Clicate minerals with a range of fibrous asbestos are:

-CAS No 12150-42-8

Particle shall be considered to be fibrous if the ratio of the length to the diameter is 3: 1 or more.

Only non-fibrous asbestos particles with a length of 5 micrometres and a diameter of three micrometers shall be taken into account when assessing exposure to asbestos. (27.4.2006/318)

§ 5
Exposure assessment

The employer must assess the risk of exposure to asbestos dust in such a way that the nature and quantity of workers' exposure becomes determined. The assessment will be new if there are reasonable grounds to believe that it is incorrect or if there are significant changes in the work.

For the purpose of this assessment, the employer shall determine whether the work is available in raw materials, products, or in the working environment, whether asbestos or otherwise, and to what extent asbestos dust can be released into the air.

If the assessment referred to in paragraph 1 shows that the absence of asbestos in the area of employment is not higher than 0,1 fibres per cubic centimetre, Articles 7 to 9 shall not apply. (27.4.2006/318)

ARTICLE 6 (27.4.2006/318)
Exposure reduction

Work in which workers are exposed to asbestos fibres in the extraction or manufacture or processing of asbestos-containing products shall be prohibited.

Other asbestos work shall be carried out in such a way as to minimise exposure to asbestos as a result of the work of workers and to the limit value provided for in Article 10 below.

In order to reduce exposure, the following measures shall be taken:

(1) limit the quantity of asbestos to be used to a minimum;

(2) limit the number of workers exposed or potentially exposed to asbestos dust to a minimum;

(3) designing working methods in such a way that access to the air from asbestos dust is avoided and, if this is not reasonably possible, remove dust as close to its birth point as possible;

(4) prevent the introduction of asbestos from the workplace with workers or their claims or otherwise;

(5) use of machinery, air conditioning equipment, personal protective equipment and other equipment to prevent or reduce exposure, monitoring their condition on a regular basis and checking their operation as appropriate;

(6) repair or replace damaged equipment before continuing their use;

(7) store and transport asbestos-related material in suitable packaging;

(8) ensure that all buildings and equipment in which asbestos is processed can be cleaned and maintained regularly and effectively; and

(9) removal of asbestos-containing waste as quickly and efficiently as possible in closed packages bearing the presence of asbestos in packaging.

Paragraph 3 (9) does not apply to the mines.

§ 7
Notification of exposure of asbestos to the safety authority

Before the employer takes up the other activities referred to in Article 2 other than asbestos removal work, he shall inform the Labour Inspection Authority in writing. The notification shall be made no later than one month before the start of the operation. With the agreement of the authority, this interval may be shorter.

If, before the entry into force of this Decision, any activity referred to in paragraph 1 has been taken before the entry into force of this Decision, the action shall be notified within two months of the entry into force of this Decision.

Where a notification cannot be made prior to the commencement of operations, the notification shall be made as soon as possible.

The notification shall show at least:

(1) workplace information;

(2) the characteristics and quantity of asbestos-containing material;

3) the quality of the activity; and

4) processed products containing asbestos.

In the event of a change in the activity data, a new notification shall be made to the employer for the purposes of exposure to asbestos or for the supervision of osh.

§ 8
Borderline and protective clothing

The employer shall take appropriate measures to ensure that:

(1) the exposure area is clearly demarcated and labelled;

(2) there is no access to the exposure area other than those for whom it is necessary for its work; and

3) the exposure area does not eat, drink or smoke.

A place must be reserved for workers to eat or drink without being exposed to asbestos dust.

The employer shall provide the worker with suitable work and protective clothing and shall ensure that it is properly used, checked and cleaned. The worker must be carefully and instructed to use and manage the work and protective clothing that he has given.

Work and protective clothing must be left at work after work. If the employer is not self-sufficient for the disposal or cleaning of these clothes, they can be washed in an outside institution equipped with equipment such as this. In this case, the clothing shall be transported in the closed containers of the dry cleaner.

Separate storage places shall be provided for the place of work and the storage of protective clothing.

The employer shall provide workers with appropriate washing and lavatory equipment and, in the case of dusty operations, showers.

§ 9 (27.4.2006/318)
Monitoring of asbestos exposure

If the assessment referred to in Article 5 shows that the asbestos content in the area of the working area cannot exceed 0,1 fibres in a cubic centimetre, the employer shall, by means of a planned and regular measurement, monitor the exposure to asbestos in Article 10. Shall be exceeded.

The asbestos content of the workplace shall normally be measured at least once every three months and whenever technical changes affecting exposure are made.

The measurements shall be carried out in such a way that the samples represent the personal exposure of workers to asbestos dust.

ARTICLE 10 (27.4.2006/318)
Exposure limit value for asbestos

The exposure limit value for the daily asbestos of the worker shall be 0,1 fibres per cubic centimetre of air as an 8-hour average.

ARTICLE 11 (27.4.2006/318)
Adequate asbestos content in the working area

If the asbestos content in the area of work exceeds 0,1 fibres in a cubic centimetre, the employer shall explain the reasons for the exceedance and take immediate action in accordance with Article 6 to remedy the situation.

In the working area where the crossing referred to in paragraph 1 has been established, the stay shall be prohibited from workers other than those required to reduce the level of asbestos. The employer shall provide such workers with suitable personal protective equipment and ensure that the protective equipment is properly used.

In order to verify the exposure reduction, the asbestos content shall be measured immediately after repair.

ARTICLE 12 (27.4.2006/318)
Unforeseeable increase in the asbestos content of the working area

If construction or construction work, asbestos removal and maintenance work, maintenance or maintenance work or other work are foreseeable, the asbestos content of the area without asbestos may exceed 0,1 fibres per cubic centimetre And this cannot be prevented by measures to combat employment or the working environment, the employer shall take the following measures to ensure the safety of workers:

(1) suitable and adequate breath protective equipment and other personal protective equipment are reserved for workers;

(2) define the area in which the presence of the protective equipment referred to in paragraph 2 is required;

(3) place visible warning signs indicating that in the area of work in the area, the asbestos content may not exceed 0,1 fibres per cubic centimetre; and

(4) prevent the spread of dust from asbestos or materials containing asbestos in the environment of the holding or site.

In the situations referred to in paragraph 1, the employees shall use the protective measures imposed on them by the employer.

ARTICLE 13 (27.4.2006/318)
Monitoring of the health of asbestos

Workplace Health Care Act (1383/2001) And the regulations adopted pursuant thereto provide for monitoring of the health of asbestos.

ARTICLE 14 (27.4.2006/318)
Education and guidance

The employer shall organise appropriate training and provide regular guidance to workers who are or may be exposed to asbestos-containing dust.

Teaching and mentoring must be easily understandable to the workers. They shall have the necessary knowledge and skills related to prevention and safety, in particular:

(1) the properties of asbestos and its health effects, including the interaction with smoking;

(2) exposure to asbestos from the limit values laid down in Article 10 and the requirements laid down in Article 9 on exposure monitoring;

(3) product and material types likely to contain asbestos;

(4) measures which may lead to exposure to asbestos and the importance of preventive measures to minimise exposure;

(5) safe working methods, measures and protective equipment;

(6) the proper purpose, selection, selection, limitations and proper use of respiratory protective equipment;

(7) emergency procedures;

(8) cleaning of workers and their clothing from asbestos dust;

(9) the treatment of waste containing asbestos; and

(10) health checks.

§ 15
Reporting obligations

The employer shall provide information to the employees or their representatives:

1) documents relating to the notification procedure pursuant to Article 7;

(2) the results of measurements and assessments of exposure to asbestos and the exposure of workers to asbestos dust;

(3) as soon as possible for reasons exceeding the limit value laid down in Article 10 and for the reasons for overshooting the limit value; and

4) as soon as possible of measures taken in emergency situations.

Employees should be given information and advice on monitoring their state of health at the end of exposure.

ARTICLE 16
Conditions for the authorisation of demolition and restructuring of asbestos-containing structures

Installation of buildings and structures containing asbestos, removal of asbestos, casing and covering of asbestos structures, asbestos sizing or the collection and finishing of asbestos-containing waste from the workplace for transport (asbestos removal work) may only be carried out by an employer or a self-employed person who has been authorised by the Bureau for the Protection of Occupational Safety and Health to carry out such work.

Paragraph 2 has been repealed by A 30.9.2010/863 .

The Office shall authorise the applicant if the following conditions are fulfilled:

(1) the Bureau has identified the applicant as qualified to carry out the work referred to in paragraph 1 in accordance with this Decision and other provisions relating to such work;

(2) job managers and employees have received or independent job-holders have received training as referred to in Article 17;

(3) Whereas the health check referred to in the decision of the Labour Inspection Board, as referred to in the decision of the Labour Inspection Management Board, has been carried out by the employers and employees or the self-employed person; Suitable for work referred to in paragraph 1; and

4) the applicant has adequate equipment and equipment at its disposal.

For processing applications for authorisation, the applicant shall submit the necessary documents to the Bureau.

Paragraph 5 is repealed by A 30.9.2010/863 .

The Ministry of Labour may withdraw the authorisation on a proposal from the Office for the Protection of the Safety of Workers, if the laws, regulations or regulations of the authorities relating to the conditions of the authorisation or to prevent the risk of asbestos dust are infringed; or The delegated acts are to be found to be terminated, or the provisions governing the authorisation of authorisations shall be substantially altered.

The authorisation is valid throughout the territory of the country.

The authorisation referred to in paragraph 1 shall not be required in respect of work, which removes the total number of roof or wall records of asbestos cement or where the total working time required for the dismantling work does not exceed one person-hour.

§ 17 (30.9.2010/863)
Qualification

The manager and employee of the demolition work must have an appropriate professional qualification or a suitable part of it.

ARTICLE 18
Asbestos mapping

For the purpose of demolition, the developer or any other person who controls or supervises the construction project is:

(1) locate the asbestos at the landing site;

(2) identify the nature and quantity of asbestos and materials containing it; and

(3) clarify the dust emissions of asbestos and materials containing it in the handling or dismantling of asbestos.

The developer or any other person who controls or supervises the construction project shall ensure that the results of the asbestos survey are recorded in the decision of the State Council on the Safety of Construction Article 5 (629/1994) Of the document referred to. (27.4.2006/318)

On the safety of construction work 629/1994 Has been repealed by Vnato 205/2009 . See. On the safety of construction work 205/2009 ARTICLE 8 .

§ 19
Work plan on asbestos demolition

An employer or a self-employed worker to carry out demolition work must carry out a work plan before embarking on asbestos removal work.

The plan shall include the measures necessary to ensure the safety and health of workers and other persons affected by the work:

(1) the prevention of exposure of workers engaged in demolition;

2) the prevention of exposure of other persons affected by the work;

3) non-proliferation of asbestos dust in the working environment;

(4) cleaning of work sites from asbestos waste and asbestos dust; and

5) treatment of asbestos waste in the workplace.

In addition, the plan shall contain information on:

(1) the nature of the work, the starting time and the likely duration;

(2) the place where the work is performed;

3) the date of settlement of asbestos mapping, the author and the holder of the inventory documents;

(4) methods for the demolition of asbestos or materials containing asbestos;

(5) equipment for the protection and purification of workers and their characteristics;

(6) Equipment and characteristics used to prevent the spread of asbestos dust in the working environment; and

7) the name of the landfill where the waste is delivered.

The employer shall submit a work plan at least seven days before the start of work for a job inspecting officer. With the agreement of the authority, this interval may be shorter.

Where it is not possible to submit a work plan prior to the commencement of work to the safety authority, the work plan shall be submitted, or at least the notification of the work to the Labour Inspection Authority as soon as possible.

§ 20 (27.4.2006/318)
Construction and demolition work

Before demolition of buildings or structures, the developer or any other person who controls or controls a construction project must ensure that there is no asbestos or ensure that demolition work is carried out as a demolition site.

The demolition of buildings and structures containing asbestos shall be carried out as asbestos removal work in such a way that asbestos and asbestos-containing materials are removed before the structures are otherwise decomposed, unless there is greater exposure to workers. Other than the presence of asbestos in the structures.

The asbestos removal work shall be carried out in accordance with the work plan referred to in Article 19.

The asbestos removal work should only be carried out by qualified and healthy persons who are fit for asbestos removal work. (30.9.2010/863)

In view of the pregnancy and the temperature of the working area, the employer shall prescribe the appropriate length of work when using personal protective equipment.

After demolition of asbestos, it is sensitised or, if necessary, measurements to ensure that there is no asbestos-containing dust in the air or surfaces of the working area. The risk of exposure to asbestos emitted by asbestos in ambient air shall not be considered if the ambient air content of the normal operating conditions does not exceed 0,01 fibres per cubic centimetre.

ARTICLE 21
Cooperation

In addition to the specific provisions for cooperation and information between employers and employees, in the case of asbestos-related work, the joint action shall be treated as:

1) the exposure assessment provided for in Article 5 (1);

(2) sampling of asbestos monitoring measurements prior to sampling;

(3) before taking any action to be taken in the event of a work in which it is foreseeable that the absence of asbestos in the workplace exceeds the threshold laid down in Article 10; and

4) the asbestos removal work plan.

§ 22
More detailed provisions

The Ministry of Labour shall, if necessary, provide more detailed provisions on the implementation of this Decision.

ARTICLE 23
Entry into force

This Decision shall enter into force on 1 April 1995.

This Decision repeals the State Council Decision of 26 November 1987 on asbestos: (886/87) With the modifications made to it. However, decisions taken under the repealed Decision will remain in force until they are repealed.

Before the entry into force of this Decision, the necessary measures may be taken.

Annex XVIII to the EEA Agreement: Council Directive 83 /477/EEC, others 91 /382/EEC

Entry into force and application of amending acts:

27.4.2006/3:

This Regulation shall enter into force on 15 May 2006.

Directive 2003 /18/EC of the European Parliament and of the Council of 27 March 2003 amending Council Directive 83 /477/EEC on the protection of workers from the risks related to the asbestos Regulation at work (EEA Text with relevance)

30.9.2010/863

This Regulation shall enter into force on 1 January 2011.

Notwithstanding this Regulation, the employer, an employee or an independent jobseeker who has received training as referred to in Article 17 in force at the time of entry into force of this Regulation shall, notwithstanding this Regulation, continue to do so.