Companies handling asbestos must adapt to new exposure limits

The Spanish Government has published Royal Decree 847/2026, of October 21, which establishes the minimum health and safety provisions applicable to work involving the risk of asbestos exposure. This regulation, which entered into force on October 24, 2026, represents a significant tightening of the protective measures required for workers facing this highly hazardous agent. By implementing these stricter standards, the administration aims to harmonize national law with the latest European safety requirements, ensuring that the risks of serious diseases caused by asbestos fibers are mitigated through more rigorous environmental controls.

What changes

The core of this new regulation lies in the introduction of a more stringent protective framework. According to Part III of the decree, the most critical change is the establishment of a new environmental occupational exposure limit for asbestos. This threshold is designed to provide a higher level of health protection by reducing the permissible concentration of asbestos fibers in the working environment.

Furthermore, the decree mandates a more robust control of exposure levels. Companies are no longer merely required to manage asbestos; they must now ensure that their technical and organizational measures are sufficient to keep exposure below the newly defined limits. This involves not only the use of personal protective equipment but also a fundamental shift toward collective protection and stricter environmental monitoring of the workspace. The regulation emphasizes that because asbestos is an agent capable of causing grave illnesses, the preventive measures must be proactive and strictly monitored to prevent any breach of the new limits.

Context

This Royal Decree is not an isolated measure but a necessary legal evolution. Its primary purpose is the transposition of Directive (EU) 2023/2668 of the European Parliament and of the Council, which modifies Directive 2009/148/EC regarding the protection of workers from the risks related to exposure to asbestos during work. This move ensures that Spanish occupational health and safety standards remain at the forefront of European Union requirements.

In terms of the national legal hierarchy, this new decree significantly alters the existing landscape. It expressly repeals Royal Decree 396/2006, of March 31, which had previously governed asbestos-related work. By replacing the old framework with Royal Decree 847/2026, the legislator provides a more modern and technically updated set of rules that reflect current scientific understanding of asbestos toxicity. The new law operates in accordance with Article 6 of Law 31/1995, of November 8, on the Prevention of Occupational Risks, which empowers regulatory norms to specify the technical aspects of preventive measures.

Who is affected and how

Industrial and Construction Companies: Any business operating in sectors such as construction, demolition, manufacturing, or maintenance where asbestos may be present is directly impacted. These companies are now obligated to review their current risk assessment models. They must ensure that their technical protocols for asbestos handling and removal are capable of meeting the new environmental exposure limits. Failure to adapt these protocols could result in non-compliance with occupational health standards.

Occupational Risk Prevention (ORP) Professionals: Technical experts and safety officers must lead the transition. Their role will involve redesigning exposure monitoring plans, updating technical documentation, and ensuring that the measurement of asbestos fibers in the air is conducted using methods that can verify compliance with the new, lower thresholds. They must also oversee the training of workers regarding the updated safety protocols.

Workers Exposed to Asbestos: For the workforce, this regulation provides enhanced legal protection. The reduction in exposure limits means a lower statistical risk of developing asbestos-related diseases. Workers will benefit from more rigorous monitoring of their working environment and, potentially, more frequent medical surveillance to ensure that any early signs of health issues are detected immediately.

What to do and when

Since Royal Decree 847/2026 entered into force on October 24, 2026, companies must act immediately to ensure continuous compliance. The following actions are recommended:

• Audit current exposure levels: Conduct immediate environmental monitoring to determine if current asbestos concentrations exceed the new limits established in Part III of the decree.
• Update Prevention Protocols: Revise the company's Occupational Risk Prevention Plan (PRL) to incorporate the new exposure thresholds and the specific technical measures required to maintain them.
• Review technical equipment: Ensure that ventilation, filtration, and personal protective equipment (PPE) are adequate for the stricter requirements.
• Training: Inform all workers and technical staff about the changes in the regulation and the updated safety procedures.

Given the technical complexity of adjusting environmental controls to meet new limits, we recommend that companies consult with the specialized labor and legal area of BMC to evaluate their specific situation and ensure all preventive protocols are legally sound and technically sufficient.