Asbestos

Health risks and presence in the workplace

Asbestos fibers are carcinogenic to humans according to the International Agency for Research on Cancer, and the European Union classifies them as a Group 1A carcinogen. Inhalation of these fibers causes asbestosis (progressive pulmonary fibrosis), lung cancer, pleural and peritoneal mesothelioma, laryngeal and ovarian cancer, and pleural plaques and thickening. The latency period ranges from 15 to 40 years, which explains why the incidence of mesothelioma continues to rise despite the ban, and the risk is multiplied by tobacco use.

In Spain, the Order of December 7, 2001, prohibited the marketing and use of all types of asbestos, effective from 2002. Current exposure is concentrated in construction and renovation (demolition and refurbishment of buildings constructed before 2002), the maintenance of industrial facilities and asbestos cement networks, the dismantling of vehicles, ships, and railway equipment, waste management, and inspection and sampling activities. Law 7/2022 on waste also requires municipalities to compile a census of facilities and sites containing asbestos and a removal schedule.

Directive (EU) 2023/2668 amended Directive 2009/148/EC: it reduced the occupational exposure limit from 0.1 to 0.01 fibers per cubic centimeter as an eight-hour time-weighted average, mandated the transition to electron microscopy for fiber counting from December 2029, required the prior identification of asbestos-containing materials before work in buildings predating the ban, and strengthened training, respiratory protection, and decontamination procedures. Its transposition deadline was December 21, 2025; the draft Spanish Royal Decree that will replace Royal Decree 396/2006 was still being processed at the time of this writing.

Obligations of Royal Decree 396/2006

• Scope. It applies to all operations with a risk of exposure: demolition, removal, maintenance, repair, transport, treatment and disposal of materials containing asbestos, and work in facilities and sites where it exists.
• Limit value. 0.1 fibers per cubic centimeter as an eight-hour weighted average, which the new regulation will reduce to 0.01 fibers per cubic centimeter; exposure must be reduced to the minimum technically possible and in any case below the limit.
• Register of Companies with Asbestos Risk (RERA). Mandatory registration of companies that carry out these works in the register of the labor authority of the autonomous community where their facilities are located.
• Work plan. For each asbestos-related job, a specific work plan approved by the labor authority, with a description of the work, procedures, preventive measures, equipment, decontamination, waste management and personnel; possibility of single plans of a general nature for repetitive operations.
• Evaluation and measurements. Exposure assessment with representative measurements performed by specialized laboratories according to the reference method.
• Technical and organizational measures. Wet methods, low-emission tools, negative pressure containment and filtration where appropriate, decontamination units, signage, limitation of personnel and exposure time, and smoking ban.
• Personal protection and hygiene. Adequate respiratory protection , single-use or decontaminated protective clothing, separate changing rooms, showers and washing time within the workday.
• Training, information and health surveillance. Specific training before starting work and periodic training, information for workers and their representatives, initial, periodic and post-occupational health surveillance and exposure record book.
• Waste. Management as hazardous waste by authorized managers, with packaging, labeling and traceability documentation.

Compensation and monitoring of exposed individuals

• Occupational disease. Asbestosis, mesothelioma and lung cancer caused by asbestos are included in the list of occupational diseases in Royal Decree 1299/2006.
• Post-occupational surveillance. The Comprehensive Health Surveillance Program for Workers Exposed to Asbestos (PIVISTEA) maintains health monitoring of exposed individuals after the termination of their employment relationship.
• Compensation fund. Law 21/2022 created a compensation fund for asbestos victims, developed by Royal Decree 483/2025, which regulates the recognition of the right to financial compensation.
• Surcharge and liability. Exposure without adequate measures may result in surcharges on benefits , civil and criminal liability, as well as administrative penalties.
• Census and removal. Law 7/2022 requires municipalities to compile censuses of sites containing asbestos and establish removal schedules, prioritizing those at highest risk and public buildings.
• Contracting. Companies that commission asbestos work must verify the registration in the RERA, the approval of the plan and the training of the personnel of their contractors.

Organizational application: how to manage asbestos risk

1. Identify the presence of asbestos-containing materials in buildings, facilities, and equipment prior to 2002 through inspection and laboratory analysis, and maintain an up-to-date inventory of their status and location.
2. Evaluate the risk of each material (friability, condition, accessibility, planned activity) and decide between on-site management with periodic monitoring, encapsulation, or removal.
3. Hire only companies registered in the RERA for any work involving asbestos, and require the approved work plan, staff training, and waste management documentation.
4. Inform staff, contractors and users about the presence of asbestos and the prohibitions against unauthorized intervention.
5. Integrate asbestos into the coordination of business activities and maintenance work permits, with procedures for unforeseen findings.
6. Ensure specific health surveillance of exposed workers and their registration, including post-occupational surveillance.
7. Follow the transposition of Directive (EU) 2023/2668 and adapt measurements, limits and procedures to the new royal decree when it comes into force.

Preventive management software allows you to maintain the inventory of asbestos-containing materials by center, register assessments, work plans, RERA companies and waste documentation, manage the training and health monitoring of those exposed and keep the records for the legal periods.

Limits and common mistakes

1. Intervening on materials containing asbestos (drilling, cutting, removing fiber cement) by own personnel or contractors not registered in the RERA and without an approved work plan.
2. Failure to identify asbestos before renovations, demolitions or maintenance in buildings prior to 2002.
3. Relying on inadequate masks or the brevity of the work to justify the absence of measures.
4. Manage asbestos waste as ordinary rubble, without packaging, labeling or authorized manager.
5. Failure to keep exposure and health surveillance records for the legally required periods or to communicate exposure to workers.
6. Ignoring material in good condition without periodic monitoring risks deterioration and fiber release.

The detailed obligations are set out in Royal Decree 396/2006 and in its INSST technical guide; this sheet is for informational purposes and will be updated when the new regulation is published.

Regulatory and reference framework

• Royal Decree 396/2006, of March 31. Minimum health and safety provisions applicable to work involving exposure to asbestos.
• Directive (EU) 2023/2668 . Amendment to Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos.
• Directive 2009/148/EC . Protection of workers from the risks related to exposure to asbestos at work.
• Law 21/2022, of October 19. Creation of a compensation fund for asbestos victims.
• Royal Decree 483/2025, of June 17. Requirements and procedure for recognizing the right to economic compensation for victims of asbestos.
• Royal Decree 665/1997, of May 12. Protection of workers against risks related to exposure to carcinogenic agents during work.

Law 7/2022 on waste and contaminated soils regulates municipal asbestos censuses and its removal, Royal Decree 1299/2006 covers occupational diseases caused by asbestos, and the INSST technical guide develops the application criteria of Royal Decree 396/2006.