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Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (Codified version) (Text with EEA relevance)

article  3

CELEX:  02009L0148-20231220

1. This Directive 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 the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, that 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.
Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (Codified version) (Text with EEA relevance)

article  3

CELEX:  02009L0148-20231220

3. Provided that worker exposure is sporadic and of low intensity, and if it is clear from the results of the risk assessment referred to in paragraph 2 of this Article that the relevant limit value as laid down in Article 8 will not be exceeded in the air of the working area, Member States may derogate from Article 4 where the work involves:
(a) short, non-continuous maintenance activities in which only non-friable materials are handled;
(b) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix;
(c) encapsulation or sealing of asbestos-containing materials which are in good condition;
(d) air monitoring and control, and the collection of samples to ascertain whether a specific material contains asbestos.
4. Member States shall, following consultation with representatives from both sides of industry, in accordance with national law and practice, lay down practical guidelines for the determination of sporadic and low-intensity exposure, as provided for in paragraph 3.
Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (Codified version) (Text with EEA relevance)

article  3

CELEX:  02009L0148-20231220

5. The assessment referred to in paragraph 2 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.