Turkish Labour law 4857 (In English) Regulation on the Health and Safety Measures in Workings with Asbestos

İlgili mevzuat  Yazdır Notları göster Lebib Yalkın Mevzuat Programı

B/1475E.515                                                      Official gazette No. 25328                                                  O.G. Date: 26.12.2003        From the Ministry of the Labour and Social Security:   Regulation on the Health and Safety Measures in Workings with Asbestos   PART ONE Purpose, Scope, Legal Basis, Definitions      Purpose      Article 1 - The purpose of this regulation is to prevent the exposure to the asbestos dust of the employees and the protection against health risks which may occur from this exposure, and to define the limit values and other special measures.        Scope      Article 2 - This Regulation applies for all works and workplaces in which the exposure to the asbestos dust is possible and for all the works with asbestos and materials containing asbestos defined within the scope of the Labour Law 4857on 22/5/2003.      In the workplaces under this Regulation, the provisions of the Business Health and Safety Regulation are also applied without prejudice to more strict and private provisions in this Regulation.       Ground      Article 3 - This Regulation is prepared in accordance with the Article 78 of the Labour Law 4857.        Definitions      Article 4 – Whenever stated in this Regulation;      a) The Ministry: The Ministry of Labour and Social Security.      b) Asbestos :      - Actinolite Asbestos, CAS No 77536-66-4,      - Grunerit Asbestos (Amosite) CAS No 12172-73-5,      - Anthophyllite Asbestos, CAS No 77536-67-5,      - Chrysotile, CAS No 12001-29-5,      - Crocidolite, CAS No 12001-28-4,      - Tremolite Asbestos, CAS No 77536-68-6.          PART TWO General provisions         Risk Assessment      Article 5 - The employer is obligated to conduct the risk assessment by considering the exposure level to the employees and type and physical characteristics of the asbestos in risky works in which asbestos dust exposure risk is involved. As a result of the risk assessment conducted in the workplace;        a) In the event of low risk of exposure and rare exposure to the employees and the asbestos values in the ambient air are lower than the limit values; the provisions of the articles 6, 19, and 20 of this Regulation may not be applied for the following works;      1) For the provisional and low duration maintenance and repair works in which only materials which cannot be broken are involved      2) The removal works of the materials to which the asbestos fibres are closed tightly, without any breaking and crushing,      3) Works of the packaging of asbestos materials in good condition,      4) In the sample taking works to monitor and control the asbestos containment in the materials.      b) When the risk assessment is conducted, the opinions of the employees or their representatives shall be considered. Risk assessment shall be re-conducted whenever the material with asbestos is changed.        Notification      Article 6 - The employer is obligated to notify the workplace within this scope to the ministry before starting to work. a)  The following matters shall be considered in this notification:      1) Address of the workplace,      2) Type and the quantity of the asbestos used or processed,      3) Works and processes,      4) Number of the employees,      5) Job commencement dates and duration of the work,      6) Measures taken to prevent the exposure to the employees      b) The employees and/or their representatives have the right to see the documents related to the notification to the Ministry.      c) In any change which may increase the exposure to the asbestos dust in the working conditions considerably, the employer is obligated to make new notification to the Ministry.        Prohibition on Usage      Article 7 - The usage of asbestos by spraying and working with insulation or voice isolation material with less than 1 gr/m3 intensity and with asbestos containment are prohibited.      Without prejudice to other legislations in force related to the usage and marketing of the asbestos; the revealing of asbestos, production of asbestos products or products with asbestos containment, and works in which the employees may be subject to the exposure to the asbestos fibres are prohibited.      The works for the removal of the products with asbestos due to demolition, removal, and separation works of the materials with asbestos are excluded.        Prevention of Exceeding the Limit Values      Article 8 - In the works with asbestos and materials with asbestos; the following measures shall be taken in order to reduce the exposure to the employees to dust and prevent the exceeding the limit values of the asbestos in the ambient air as stated in the article 10 of this Regulation:      a) The works with asbestos and materials with asbestos shall be conducted with the minimum employees possible.      b) The working system shall be designed not to lead asbestos dust and if this is not possible, to prevent the spreading of the dust revealed during the work.      c) The places and equipments used in the works with asbestos shall be suitable for the proper conduct of the cleaning and maintenance works.      d) Asbestos or materials revealing asbestos dust shall be carried in the sealed containers and shall be stored separately from the other materials.      e) The wastes containing asbestos shall be collected immediately and shall be removed and destroyed in the sealed containers as labelled to indicate the asbestos containment in accordance with the relevant legislations.      This provision shall not apply mining businesses.        Asbestos Measurements      Article 9 - Asbestos measurement and sample taking processes shall be conducted as stated below:      a) The asbestos fibre shall be measured regularly in the working environment in order to provide the compliance with the limit values as stated in the article 10 of this Regulation and considering the risk assessment results conducted at the commencement.      b) Sample taking for the measurement shall be conducted to show the exposure of the employees to asbestos and dusts from the materials with asbestos.      c) The opinions of the employees and their representatives shall be considered during sample taking.      d) Samples shall be taken by the skilled persons on this field. The analysis of the samples shall be conducted in the laboratories equipped with the proper tools and equipments for the fibre counting as stated in the clause “f”.      e) The sample taking duration shall be to determine the exposure of the employee in an 8-hour shift through measurement or time weighted calculation.      f) Fibre counting shall be conducted with the method advised by the International Health Agency in 1997 by using PCM (phase contrast microscope) or equivalent method to give the same results.      In the measurement of the asbestos in the air, the fibres with larger than 5 micron lengths and Fibrous dusts having lengths 3 times more than their diameter shall be considered.        Limit Value      Article 10 - It shall be insured by the employer that the time weighted average (TWA) of asbestos concentration that the employees shall be exposed should be less than 0, 1 fibre/cm3.        Exceeding the limit value      Article 11 - In the event of exceeding the limit value as stated in the article 10 of this Regulation      a) The reasons for the exceeding of the limit values shall be determined, and the required measures shall be taken to reduce the asbestos concentration under this value. Until the required measures are taken for the protection of the employees, the works in the affected area shall be suspended.      b) In order to determine the efficiency of the measures taken, the asbestos concentration shall be re-measured in the ambient air.      c) In the event of that the exposure may not be reduced and reaching the limit value by using the respiration system protective, the working of the employees with protective clothing and equipments shall not be maintained continuously, and the maximum duration for the work of each employee shall be pre-determined, and this duration shall never be exceeded. During the working by using the protective, the suitable breaks shall be provided for the employees by considering physical conditions and climate conditions and opinions of the employees or their representatives.        Demolition and Maintenance/ Repair Works      Article 12 - Before the commencement of the employer to the demolition or maintenance/repair works, the employer shall perform the required works by getting information from the owner of the building or the facility in order to define the materials with asbestos containment. In the event of any suspicion of asbestos containment in any structure or material, the provisions of this Regulation shall apply.        Demolition and Removal Works      Article 13 - In the demolition removal, demounting, maintenance and repair works in which the limit value as stated in the article 10 of this Regulation for the asbestos concentration in the ambient air may be exceeded despite the technical measures; the following measures shall be taken by the employer specifically:      a) The suitable respiration system protective and other personal protective equipments as well as the employees to use them shall be determined.      b) The warning signs shall be placed to the places in which the limit value may be exceeded.      c) The spreading of dust from the asbestos and the materials with asbestos shall be prevented.      Before the commencement of the works as stated above, the opinions of the employees and their representatives shall be taken.        Business Plan      Article 14 - Before the mounting or demounting of the buildings, structures, workshops, plants, and other facilities as well as ships containing asbestos and/or materials with asbestos, a working schedule shall be conducted.      a) In a working plan (schedule), the measures in the workplace shall be determined. In this schedule especially the following shall be contained:      1) The removal of asbestos and the materials with asbestos, if the removal of these materials is not very risky, the removal of the asbestos or the materials with asbestos before any demolition works conducted.      2) The supply of the personal protective materials as stated in the clause “a” of the article 13 of this Regulation, whenever required,      3) When the demolition and removal of the asbestos is completed, a document shall be prepared that the risk of exposure to asbestos is eliminated.      b) The defined working schedule shall be submitted to the Ministry before the commencement of the works.        Training      Article 15 - The employer is obligated to provide with the sufficient and proper training to all employees who may be exposed to the dusts with asbestos containment. This training;      a) Shall be renewed in certain intervals and no financial burden shall be exposed to the employees.      b) shall be conducted to allow the understanding of the employees easily, and it shall be insured that all employees shall have the following information in terms of protection and safety;      1) The health effects of the asbestos including the characteristics of asbestos and the negative effects of smoking,      2) Materials and products which may contain asbestos      3) The importance of preventive measures to minimize the exposure of asbestos and the processes of asbestos,      4) Protective equipment with safe working type and method,      5) Selection of proper respiration system, and the protection type and level with them, and proper usage of such equipments,      6) Emergency procedures,      7) Decontamination processes,      8) Waste removal, and      9) Required medical examinations.        Conduct of the Removal Works by the Experts      Article 16 - The removal or demounting of the asbestos shall be conducted by the skilled personnel having the required experience and information on this field.        General Measures      Article 17 - The following measures shall be taken in working with asbestos or materials with asbestos:      a) In the Workplaces in which the works with asbestos are conducted;      1) The areas shall be market apparently and warning signs shall be placed.      2) No employees shall be allowed to enter such places other than the authorized personnel.      3) Non smoking areas shall be determined.      b) Asbestos contamination shall be prevented for the places designated for eating and drinking.      c) In the Workplaces in which the works with asbestos are conducted;      1) The employees shall be provided with the suitable protective work clothing.      2) The protective clothing shall not be removed from the workplace. The clothing shall be cleaned in the places designated for such processes, but the clothing shall be removed from the workplace in the closed containers.      3) The protective clothing and the personal clothing of the employees shall be stored in separate places.      4) The employees shall be provided with washing places and shower for the works with dust.      5) The protective tools and equipments shall be stored in the suitable places and suitable conditions. These tools shall be controlled and cleaned before and after each usage. The ones needing repair shall be repaired or changed.      These measures shall not bring any material burden to the employees.        Information to the employees or their representatives      Article 18 - In the works with asbestos or materials with asbestos;      a) The required information shall be provided to the employees and their representative on the following issues:      1) Health risks from the asbestos or material with asbestos      2) The limit values stated in the Regulation and the continuous measurements in the ambient air;      3) Hygiene conditions which should be followed including non smoking      4) The measures related to the usage of the protective equipments and clothing      5) The measures to minimize the exposure to the asbestos      b) In addition to the measures as stated in the clause (a) above;      1) The employees and/or their representatives shall be provided with information about the measurement results of the asbestos concentration and explanations shall be made related to these results:      2) In the event of exceeding the limit values as stated in the article 10 of this regulation, the employees and/or their representatives shall be immediately informed of the situations, the reasons shall be stated, and information exchange shall be conducted for the measures to be taken. In an emergency situation, the measures taken shall be notified.        Health Monitoring      Article 19 - The employees shall be monitored by considering the following matters:      a) The general health situation of each employee shall be evaluated before the commencement of his/her work with asbestos, and the chest examinations and other controls shall be conducted as stated in the annex to this Regulation.      The evaluation of the health situations of the employees shall be repeated once in 3 years at least, and a health record shall be maintained for each employee.      b) The medical doctor responsible for the health monitoring shall determine any and all protective and preventive measures and shall advise including prohibition of the employees in the works with asbestos in accordance with the examinations and controls.      c) He/she shall inform about the health evaluations after the completion of the exposure to the employees. The Doctor may determine the duration of the health monitoring after the completion of the exposure to the employee.      d) The employee or the employer has the right to re-request the conduct of the health consultations and controls        Storing of the records      Article 20 - The employers having the workplaces in which the works with asbestos are conducted are obligated to keep the following records and to keep them:      a) The employer shall keep the duration and exposure quantity from the works with asbestos or materials with asbestos. The doctors or other authorized persons on health may review such records. The employees may get a copy of their records. The employees and/or their representatives may obtain general information about the records.      b) The records as stated in the clause “a” of this article and the clause “a” of the article 19 of this Regulation shall be stored for at least forty years from the end of the termination of the exposure      c) In the event of end of the operation in the workplace, the employer is obligated to submit such records to the Ministry.        Asbestosis and Mezotelioma Records      Article 21 - The asbestosis and mezotelioma records as determined by the Social Security Institution or notified to the Institution shall be kept by the Institution.   PART THREE Final provisions        The Relevant European legislation      Article 22 - This Regulation has been prepared on the basis of the European Parliament and Council Directives with nr 83/477/EEC on 19/9/1983, nr 91/382/EEC on 25/6/1991, and 2003/18/EC on 27/3/2003.          Application Basis      Article 23 - The Ministry may issue directives to issue the application principles related to this Regulation.        Effectiveness    Article 24 – This Regulation becomes effective on 15.4.2006.        Execution      Article 25 - The provisions of this Regulation is executed by the Minister of the Labour and Social Security    ANNEX - I        The matters related to the health examination and controls as determined in the Article 19 of this regulation:      1. The exposure of the free asbestos fibres may lead the following diseases according to the current findings:      - asbestosis      - mezotelioma      - lung cancer (bronchial carcinoma)      - gastro-intestinal carcinoma (cancer)      2. The doctor and/or other health officer should closely know the exposure level and working conditions of the employees.      3. The examination of the employees shall be conducted in accordance with the principles and applications of the business medicine, and contain the following at the minimum:      - Recording of the relevant records about the occupational and medical history of the employee      - Interview with any employee,      - general clinical examination, especially chest examination,      - Respiration function test. (volume and speed of the inhaled air)      The doctor and/or other authorized health professional may request other more advanced examinations such as sputum serology tests, X-ray, and temodensitometri, by considering the advancements related to the business medicine.     ----------o----------