Explanation of Title 4 concerning the accreditation of asbestos removers of Book VI of the Code on Well-being at Work
Any employer who has demolition or removal work carried out at its company that could release significant quantities of asbestos is obliged to use the services of an accredited company. The purpose of the accreditation scheme is to ensure that the work is carried out in accordance with the rules of the trade, that no damage is caused to third parties and that the employees who remove the asbestos enjoy maximum protection against exposure to asbestos. Title 4 of Book VI of the Code lays down the conditions and further rules concerning the accreditation of such undertakings.
Scope
Title 4 of Book VI of the Code applies engaged in the removal of asbestos. These can be employers, but also self-employed workers. It also applies to employers who occasionally and exclusively have asbestos removed by their own employees, in their own company.
Accreditation is granted according to the technique used for asbestos removal: the removal of asbestos using an incubator bag, or the removal of asbestos in a hermetically sealed zone. No approval is required for the removal of asbestos using the basic operations technique, as this does not release significant quantities of asbestos. The aforesaid techniques are described in detail in Title 3 concerning asbestos of Book VI of the Code.
When several companies remove asbestos on the same site, under some form of temporary partnership, all individual companies must be approved for this purpose. Naturally, the provisions of the Royal Decree of 25 January 2001 concerning temporary or mobile construction sites also apply in this case.
Accreditation conditions
If the application is submitted by a company, it must have been established in accordance with Belgian law or that of another Member State of the European Economic Area and have its head office in one of the Member States.
A certified quality assurance system must be implemented to ensure that removal works are carried out in accordance with the requirements of Title 3 concerning asbestos of Book VI of the Code. The list of certification bodies that grant such a certificate can be consulted on the website of the Belgian accreditation body (BELAC).
The technical and organisational capability to comply with Title 3 of Book VI of the Code must be demonstrated. The work may only be carried out by persons who have completed the appropriate training and undergone annual refresher training. If the application relates to the hermetically sealed zone method, at least three of the company's own employees or persons must be deployed, of whom at least one is a competent site manager. The applicant must be aware of the specific regulations that apply and have a permanent location where the technical installations, work equipment and personal protective equipment are stored.
Accreditation procedure
To apply for accreditation, you can use the form ‘Application for accreditation regarding the demolition and removal of asbestos (DOC, 120.5 KB)’. The application with the attached documents (page 3 of the application form) is preferably submitted by email to hua@werk.belgie.be (or by post: FOD Werkgelegenheid, Arbeid en Sociaal Overleg, Algemene Directie Humanisering van de Arbeid, Ernest Blerotstraat 1, 1070 Brussel).
The application must be signed (electronically or otherwise) by a person charged with the management and organisation of the company.
The application is free of charge.
The application procedure is available in Dutch, French and English.
Processing of the application
The General Directorate for Humanisation of Labour will notify the applicant within 30 days of which documents are missing if the application is incomplete. After the file has been determined to be complete, it will be transferred to the General Directorate for Monitoring the Well-Being of Workers in the Performance of their Work, which will investigate within 60 days or, if the investigation so dictates, 90 days, whether the applicant's technical and organisational skills correspond to the provisions of Title 3 of Book VI of the Code concerning asbestos. The applicant is required to grant the officials charged with the investigation free access to their premises and to make available to them all documents and information necessary for the performance of their duties.
Based on this investigation, advice on the application will be provided to the Minister within 30 days of receipt of the report. If the administration department issues advice proposing not to grant the application for accreditation, the applicant will be notified accordingly. In that case, they may communicate their objections to the Minister within a period of 30 days from the notification of this advice.
The Minister will take a decision on the application within a period of 90 days from the advice of the General Directorate for Humanisation of Labour or, where applicable, within a period of 90 days from the expiry of the 30 days in which the applicant may communicate their objections to the Minister. The initial accreditation granted in application of the provisions of Title 4 concerning the accreditation of asbestos removers of Book VI of the Code is valid for 2 years: a period during which the accredited company is subject to enhanced supervision. Thereafter, each renewal of accreditation will be granted for a maximum period of 5 years. The application for renewal of this accreditation is preferably submitted 6 (and at the latest 3) months before the expiry of its term.
The time between the submission of an application for accreditation and the decision whether or not to grant accreditation is on average 3 to 6 months. This processing time is an estimate and depends on the completeness and complexity of the application.
Appeal against the decision taken
If the decision is contested, an appeal for annulment (and a request for suspension) may be lodged with the Administrative Jurisdiction Division of the Council of State, in accordance with the procedure laid down in the Decree of the Regent of 23 August 1948, regulating the proceedings before the Administrative Jurisdiction Division of the Council of State.
Supervision and sanctions
If the official charged with supervision establishes that the accredited company no longer meets one of the conditions for accreditation, or if they establish that it does not meet the obligations arising from Title 3 concerning asbestos of Book VI of the Code, they may set a period within which the company or employer concerned must remedy.
In a number of cases, accreditation may be suspended or withdrawn; for example:
- when the accreditation conditions are no longer met,
- when the company carries out activities for which accreditation has not been granted,
- when the provisions of Title 3 of Book VI of the Code are not complied with, or
- when asbestos removal work is carried out by agency workers.
The accreditation will be officially withdrawn if the quality assurance system is no longer certified or if the accredited company has not carried out any activity in the field to which the accreditation relates for a period of 2 years.
The suspension or withdrawal of accreditation will take effect 3 months after the date of receipt of the decision.
Last update : 11/02/2025
