L.S. 646.15 Regolamenti dwar il-Protezzjoni tal-Ħaddiema mir-Riskji li jinħolqu meta persuna tkun esposta għall-Asbestos fuq il-Post tax-Xogħol Dawn

(1)The title of these regulations is the Protection of Workers from the Risks related to Exposure to Asbestos at Work Regulations. Title, scope and applicability. Amended by: L.N. 258 of 2025.

(2)The scope of these regulations is to protect workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work. These regulations establish limit values and other specific requirements. These regulations also transpose the provisions of Directive (EU) 2023/2668 of the European Parliament and the Council of 22 November 2023 amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work.

(3)These regulations shall apply to activities in which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos. 2. In these regulations, unless the context otherwise requires: "Act" means the Health and Safety at Work Act; "asbestos" means the following fibrous silicates, which are classified as carcinogens 1A in accordance with Annex VI, Part 3 to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006: (

1. a)Asbestos, Actinolite, CAS No 77536-66-4; (
2. b)Asbestos, Amosite (gruenerite) CAS No 12172-73-5; (
3. c)Asbestos, Anthophyllite, CAS No 77536-67-5; (
4. d)Asbestos, Chrysotile, CAS No 12001-29-5; (
5. e)Asbestos, Crocidolite, CAS No 12001-28-4; (
6. f)Asbestos, Tremolite, CAS No 77536-68-6; "the Authority" means the Occupational Health and Safety Authority established by virtue of article 8 of the Act; "doctor" means a medical practitioner, specialised in respiratory medicine, who is appointed by an employer to examine workers exposed to asbestos. Interpretation. Amended by: XXXIII.2024. First Schedule. Amended by: L.N. 258 of 2025. Cap. 646. 1 2 [ S.L.646.15 Assessment of risk. Amended by: L.N. 258 of 2025. PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK 3.

(1)In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, this risk shall be assessed in such a way as to determine the nature and degree of the workers’ exposure to dust arising from asbestos or materials containing asbestos and to prioritise removal of asbestos or materials containing asbestos over other forms of asbestos handling.

(2)As long as workers’ exposure is sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in sub-regulation

(1)that the relevant limit value as established in regulation 8 shall not be exceeded in the air of the working area, regulations 4, 12, 13

(2), 14 and 15 shall not be applicable where work involves: (

1. a)short, non-continuous maintenance activities in which only non-friable materials are handled, (
2. b)removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix, (
3. c)encapsulation or sealing of asbestos-containing materials which are in good condition, (
4. d)air monitoring and control, and the collection of samples to ascertain whether a specific material contains asbestos.

(3)The assessment provided for in subregulation

(1)shall be the subject of consultation with the workers and, or their representatives within the undertaking or establishment and shall be revised where there is reason to believe that it is incorrect or there is a material change in the work. Notification system. Amended by: L.N. 258 of 2025. 4. Subject to regulation 3

(2), the following measures shall be taken: (a) the activities referred to in regulation 1

(3)must be covered by a notification system administered by the Authority, and no work involving asbestos or of material containing asbestos may commence before the Authority is thus notified; (

1. b)the notification referred to in paragraph (
2. a)shall be submitted by the employer to the Authority before the work commences and must include at least a brief description of: (
3. i)the location of the work site and, where relevant, the specific areas where the work is to be carried out; (
4. ii)the type and quantities of asbestos used or handled, (iii) the activities and processes involved, including with regard to the protection and decontamination of workers, waste disposal and, where relevant, ventilation during confined space operations; (
5. iv)the number of workers involved, a list of the PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK (
6. v)(
7. vi)[ S.L.646.15 3 workers likely to be assigned to the site concerned, the workers’ individual training certificates and the date of the latest assessment of the workers’ health in accordance with regulation 16; the starting date and duration of the work, measures to be taken to limit the exposure of workers to asbestos; (vii) measures taken, including an overview of the equipment used to limit the exposure of workers to asbestos; (
8. c)without prejudice to any other applicable law or regulation, workers and, or their representatives in undertakings or establishments shall have access to the documents which are the subject of notification concerning their own undertaking or establishment; and (
9. d)each time a change in working conditions is likely to result in a significant increase in exposure to dust from asbestos or materials containing asbestos, a new notification must be submitted. 5.

(1)The application of asbestos by means of the spraying process and working procedures that involve using low-density (less than 1g/cm 3 ) insulating or soundproofing materials which contain asbestos are prohibited. Prohibition of asbestos by means of spraying.

(2)Without prejudice to the requirements of other applicable laws and regulations on marketing and use of asbestos, activities which expose workers to asbestos fibres during the extraction of asbestos or the manufacture and processing of asbestos products or the manufacture and processing of products containing intentionally added asbestos shall be prohibited, with the exception of the treatment and disposal of products resulting from demolition and asbestos removal. 6. For all activities referred to in regulation 1

(3), the exposure of workers to dust arising from asbestos or materials containing asbestos at the place of work, shall be reduced to a minimum and in any case, to as low a level as is technically possible below the relevant limit value established in regulation 8, in particular through the adoption of the following measures: (

1. a)the number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos shall be limited to the lowest possible figure; (
2. b)work processes shall be designed so as not to produce asbestos dust or, if that proves impossible, to avoid the release of asbestos dust into the air by taking measures such as: (
3. i)asbestos dust suppression; (
4. ii)the suction of asbestos dust at source; (iii) the continuous sedimentation of asbestos fibres suspended in the air; Limitations. Substituted by: L.N. 258 of 2025. 4 PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK [ S.L.646.15 (
5. c)workers shall be subject decontamination procedure; to an appropriate (
6. d)adequate protection shall be ensured for work carried out in a confined space; (
7. e)all premises and equipment involved in the treatment of asbestos shall be capable of being regularly and effectively cleaned and maintained and shall be subject to regular cleaning and maintenance; (
8. f)asbestos or dust-generating asbestos-containing material shall be stored and transported in suitable sealed packing as approved by the Environment and Resources Authority for such purpose; (
9. g)waste shall be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos in accordance with applicable laws and regulations that regulate the disposal of toxic or hazardous material. Measurement and sampling. Amended by: L.N. 258 of 2025. 7.

(1)Depending on the results of the initial risk assessment, and in order to ensure compliance with the relevant limit value established in regulation 8, measurement of asbestos fibres in the air at the work place shall be carried out at regular intervals during specific operational phases.

(2)Sampling shall reflect the personal exposure of the worker to dust arising from asbestos or materials containing asbestos.

(3)Sampling shall be carried out after consultation of the workers and, or their representatives in undertakings.

(4)Sampling shall be carried out by suitably qualified personnel. The samples taken shall be subsequently analysed, in accordance with subregulation

(6), in laboratories equipped for fibre counting.

(5)The duration of sampling shall be such that representative exposure may be established for an eight

(8)hour reference period, one shift, by means of measurements or time-weighted calculations.

(6)Fibre counting shall be carried out wherever possible by electronic microscopy or by any alternative method that provides equivalent or more accurate results.

(7)(a) For the purpose of measuring asbestos in the air as referred to in sub-regulation

(1), only fibres with a length of more t h a n f i v e

(5)m i c r o m et r e s, a b r e ad t h o f l e ss t h a n t h r e e

(3)micrometres and a length to breadth ratio greater than 3:1 shall be taken into consideration; (b) From 21 December 2029, fibres with a breadth of less than zero point two (0.2) micrometres shall also be taken into consideration for the purposes of regulation 8

(2). Application of limit value. Substituted by: L.N. 258 of 2025. 8.

(1)Until 20 December 2029, employers shall ensure that no worker is exposed to an airborne concentration of asbestos which exceeds zero point zero one (0.01) fibres per centimetre cubed (cm3) as an eight

(8)hour time-weighted average (TWA). PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK [ S.L.646.15 5

(2)From 21 December 2029, employers shall ensure that no worker is exposed to an airborne concentration of asbestos in excess of zero point zero one (0.01) fibres per centimetre cubed (cm 3 ) as an eight

(8)hour time-weighted average (TWA) in conformity with regulation 7

(7)(b). 9.

(1)When the relevant limit value established in regulation 8 is exceeded, or if there is reason to believe that materials containing asbestos which are not identified prior to the commencement of the work, have been disturbed so as to generate dust, work shall stop immediately. Work shall not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned. Exceeding of limit value. Amended by: L.N. 258 of 2025.

(2)When the relevant limit value as established in regulation 8 is exceeded, the reasons for the limit value being exceeded shall be identified and appropriate measures to remedy the situation shall be taken as soon as possible.

(3)Where exposure cannot be reduced by other means and where compliance with the limit value makes necessary the wearing of individual protective breathing equipment, this may not be permanent and shall be kept to the strict minimum necessary for each worker. During periods of work which require the use of such equipment, provision shall be made for breaks appropriate to the physical and climatological conditions and, where relevant, in consultation with the workers and, or their representatives.

(4)When exposure cannot be reduced by other means and when compliance with the limit value requires the wearing of individual protective individual respiratory protective equipment, this shall not be permanent and shall be kept to the strict minimum necessary for each worker. During periods of work which require the use of such equipment, provision shall be made for regular breaks appropriate to the physical and climatological conditions and, where relevant, in consultation with the workers and, or their representatives within the undertaking or establishment, in accordance with national laws and practices.

(5)Prior to the start of demolition, maintenance or renovation work on the premises, the employers shall take all necessary steps to identify presumed materials containing asbestos, in particular by obtaining information from the owners of the premises, from other employers and from other sources, including relevant registers. If such information is not available, the employer shall ensure an examination, by a qualified operator in accordance with national laws and practices, of the occurrence of materials containing asbestos and shall obtain the result of such examination before the start of the work. The employer shall make available to another employer, upon request and solely for the purpose of complying with the obligation established in this subregulation, any information obtained within the framework of such an examination. 10.

(1)In the case of certain activities such as demolition, asbestos removal work, repairing and maintenance in respect of which it is foreseeable that the limit value set out in regulation 8 will be exceeded despite the use of technical preventive measures Other instances where limit value may be exceeded. Amended by: L.N. 258 of 2025. 6 [ S.L.646.15 PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK for limiting asbestos in air concentrations, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following: (

1. a)workers shall be issued with suitable respiratory and other personal protective equipment, which shall be individually adjusted, including through fitting checks in accordance with Minimum Requirements for the use of Personal Protective Equipment at Work Regulations; S.L. 646.13. (
2. b)warning signs shall be put up indicating that it is foreseeable that the limit value laid down in regulation 8 will be exceeded; and (
3. c)the spread of dust arising from asbestos or materials containing asbestos outside the premises or site of action shall be avoided and for work performed in a confined space, the confined zone shall be airtight and equipped with mechanical extraction ventilation.

(2)The workers and, or their representatives in the undertaking or establishment shall be consulted on these measures before the activities concerned are carried out. Plan of work. Amended by: L.N. 258 of 2025. 11.

(1)A plan of work shall be drawn up before demolition work or work on removing asbestos and, or asbestos-containing products from buildings, structures, plant or installations or from ships is started.

(2)The plan referred to in subregulation

(1)must prescribe the measures necessary to ensure the safety and health of workers at the place of work. The plan must in particular specify that: (

1. a)asbestos and, or asbestos-containing products are to be removed before demolition works commence, except where this would cause a greater risk to workers than if the asbestos and, or asbestos-containing products had been left in place; (
2. b)the personal protective equipment referred to in regulation 10

(1)(

1. a)shall be provided, where necessary; (
2. c)when the demolition or asbestos removal work has been completed, the absence of risks of exposure to asbestos at the workplace shall be verified in accordance with national laws and practices before other activities resume.

(3)The plan shall include information on the following: (

1. a)the nature and probable duration of the work; (
2. b)the place where the work is carried out; (
3. c)the methods applied where the work involves the handling of asbestos or of materials containing asbestos; (
4. d)the characteristics of the equipment used for: PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK [ S.L.646.15 (
5. i)protection and decontamination of those carrying out the work; (
6. ii)protection of other persons present on or near the worksite.

(4)The plan referred to in subregulation

(1)shall be forwarded to the Authority before the start of the projected work, and the Authority may require additional preventive or protective measures to be taken so as to better safeguard the health and safety of workers and, or third parties. 12.

(1)In the case of all activities referred to in regulation 1

(3), and subject to regulation 3

(2), appropriate measures shall be taken to ensure that: Appropriate measures. (

1. a)the places in which the above activities take place: (
2. i)be clearly demarcated and indicated by warning signs; (
3. ii)not be accessible to workers other than those who by reason of their work or duties are required to enter them; (iii) constitute areas where there should be no smoking; (
4. b)areas are set aside where workers can eat and drink without risking contamination by asbestos dust: (
5. i)workers are provided with appropriate working or protective clothing; (
6. ii)this working or protective clothing remains within the undertaking. It may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers; (iii) separate storage places are provided for working or protective clothing and for street clothes; (
7. iv)workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations; (
8. v)protective equipment shall be placed in a welldefined place and shall be checked and cleaned after each use; appropriate measures shall be taken to repair or replace defective equipment before further use.

(2)Workers may not be charged with the cost of measures taken pursuant to this regulation. 13.

(1)In the case of all activities referred to in regulation 1

(3), appropriate measures shall be taken to ensure that workers and their representatives in the undertaking or establishment receive adequate information concerning: (

1. a)the potential risks to health from exposure to dust Information to workers. 7 8 [ S.L.646.15 PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK arising from asbestos or materials containing asbestos, (
2. b)the existence of statutory limit values and the need for the atmosphere to be monitored, (
3. c)hygiene requirements, including the need to refrain from smoking, (
4. d)the precautions to be taken as regards the wearing and use of protective equipment and clothing, (
5. e)special precautions designed to minimize exposure to asbestos.

(2)In addition to the measures referred to in subregulation

(1)and subject to regulation 3

(2), appropriate measures shall be taken to ensure that: (

1. a)workers and, or their representatives in the undertaking or establishment have access to the results of asbestos-in-air concentration measurements and can be given explanations of the significance of those results; (
2. b)if the results exceed the limit value laid down in regulation 8 the workers concerned and their representatives in the undertaking or establishment are informed as quickly as possible of the fact and the reasons for it and the workers and, or their representatives in the undertaking or establishment are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken. Health surveillance. 14. Subject to regulation 3

(2)the following measures shall be taken: (

1. a)an assessment of each worker’s state of health, including a specific examination of the chest, must be carried out prior to the beginning of exposure to dust arising from asbestos or materials containing asbestos at the place of work, and for this purpose, a doctor carrying out such an examination may be guided by the practical recommendations of Schedule I; (
2. b)a new assessment must be carried out at least once every three years for as long as exposure continues, and a record of the health of each individual thus examined must be established by the doctor: Provided that the doctor shall pass to the employer the results of these assessments and any recommendations made, under strict confidential cover, and the employer shall give to the worker copies of such assessments and recommendations to the worker concerned; (
3. c)following the clinical surveillance referred to in this regulation, the doctor responsible for the medical surveillance of the workers should advise on, or determine any individual protective or preventive PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK [ S.L.646.15 9 measures to be taken; these may include, where appropriate, the withdrawal of the worker concerned from all exposure to asbestos. The doctor may refer any particular case to the Authority for specific instructions; (
4. d)information and advice must be given to workers regarding any assessment of their health which they may undergo following the end of exposure. The doctor may indicate that medical surveillance must continue after the end of exposure for as long as is considered necessary to safeguard the health of the person concerned; (
5. e)the worker concerned or the employer may request a review of the assessments referred to in paragraphs (
6. a)and (b). 15. Subject to regulation 3

(2), the following measures shall be taken: (a) the employer shall enter the information on the workers responsible for carrying out the activities referred to in regulation 1

(3)in a register, indicating the nature and duration of the activity and the exposure to which they have been subjected. The doctor and, or the Authority shall have access to this register. Each worker shall have access to the results in the register which relate to him personally. The workers and, or their representatives shall have access to anonymous and collective information in the register; Maintenance of health register. Amended by: L.N. 258 of 2025. (b) the register and the medical records referred to in regulation 14(a) and (b) shall be kept for at least forty years following the end of exposure; (c) the documents referred to in this regulation shall be made available to the Authority in cases where the undertaking ceases trading. 16.

(1)Employers shall provide mandatory and appropriate training for all workers who are, or are likely to be exposed to asbestos dust. Such training shall be provided at the start of an employment relationship and whenever additional training needs are identified. The cost of such training shall not be borne by the workers.

(2)The length of the training shall be adequate in relation to the tasks of the workers concerned.

(3)The training shall be provided by an instructor whose qualification is recognised in accordance with national laws and practices.

(4)Every worker who has attended training in a satisfactory manner shall receive a training certificate which shall indicate all the following information: (

1. a)the date of the training; (
2. b)the duration of the training; Employers shall provide training. Substituted by: L.N. 258 of 2025. 10 PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK [ S.L.646.15 (
3. c)the content of the training; (
4. d)the language of the training; (
5. e)the name, qualification, and contact details of the instructor or the institution providing the training, or both.

(5)The content of the training shall be easily understandable for workers. The training shall be adapted as closely as possible to the characteristics of the profession of the workers and the specific tasks and working methods of such profession to enable them to acquire the necessary knowledge and skills in terms of prevention and safety, particularly as regards: (

1. a)the applicable law in Malta; (
2. b)the properties of asbestos and its effects on health, including the synergistic effects of smoking; (
3. c)the types of products or materials likely to contain asbestos; (
4. d)the operations that could result in asbestos exposure and the importance of preventive controls to minimise such exposure; (
5. e)safe work equipment; (
6. f)practices, controls and protective the appropriate role, choice, selection, limitations and proper use of protective equipment, with particular regard to respiratory equipment; (
7. g)emergency procedures; (
8. h)decontamination procedures; (
9. i)waste disposal; (
10. j)medical surveillance requirements.

(6)Workers who engage in demolition or asbestos removal work shall be required to receive training in addition to the training referred to in accordance with sub-regulation

(5)regarding the use of technological equipment and machines to contain the release and spread of asbestos fibres during work processes in accordance with these regulations. Permit from the Authority. Substituted by: L.N. 258 of 2025. 17.

(1)Prior to the start of demolition or asbestos removal work, an employer shall obtain a permit from the Authority, and for this purpose shall provide evidence of his ability in this field, which may require an employer working or intending to work in this field, to be registered with it, and in so doing, the Authority may determine the registration criteria. PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK [ S.L.646.15 11

(2)The Authority shall publish on its official website the list of permits issued in accordance with sub-regulation

(1).

1. The Authority shall keep a register of all cases of medically diagnosed asbestos-related occupational diseases. An indicative list of diseases that may be caused by exposure to asbestos is listed in Schedule I. For this purpose, any government department, agency or entity that is notified by any means whatsoever of the occurrence of such diseases shall inform the Authority of such notification and shall also give the Authority all other relevant details known to the said department, agency or entity. Register of confirmed cases of asbestos-related occupational diseases. Substituted by: L.N. 258 of
3. In any proceedings for an offence under these regulations consisting of a failure to comply with a duty or requirement to do something, or to do something so far as is reasonably practicable, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy such duty or requirement, or that there was no better practicable means than was in fact used to satisfy such duty or requirement. Onus of proof.
4. Any person who knowingly or recklessly interferes with the process of providing a safe and healthy place of work, shall be guilty of an offence. Offences.
5. These regulations shall be without prejudice to any other regulation, or any conditions made or imposed by any other competent authority in Malta concerning the importation, use, transport, disposal, storage or export of asbestos or of any material containing asbestos. Saving. Added by: L.N. 258 of
6. 12 [ S.L.646.15 Amended by: L.N. 249 of
7. PROTECTION OF WORKERS FROM THE RISKS RELATED TO EXPOSURE TO ASBESTOS AT WORK SCHEDULE I Practical recommendations for the clinical assessment of workers, as referred to in regulation 14