Plymouth City Council Asbestos Policy

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1 Plymouth City Council Asbestos Policy Policy, Arrangements and Procedures for Asbestos Management in Buildings, Structures and Assets Owned or Occupied by Plymouth City Council. May 2008: Version

2 EXECUTIVE SUMMARY Asbestos is the most serious occupational health problem in terms of fatal diseases that this country faces (Source: HM Government). The majority of the buildings, structures and assets owned or occupied by Plymouth City Council were built or refurbished at a time when asbestos containing materials (ACMs) may have been utilised during construction. Contemporary work that interferes or disturbs the fabric of a building may lead to personnel encountering asbestos. The presence of an ACM in itself does not constitute a danger. However, there is a potential risk to health if an ACM is damaged or disturbed. As well as people employed in traditional building/maintenance trades, exposure (and consequent risk) can occur in other groups of people e.g. installers of cabling systems, caretakers, cleaners, building occupiers etc. Regulation 4 of the Control of Asbestos Regulations 2006 places a legal duty on persons in control of maintenance functions and/or non-domestic premises to ensure the safety of building occupiers by the management of asbestos. The Regulations also provide legal duties to those who work with any ACMs. The Health & Safety Executive (HSE) has produced approved codes of practice (ACOPs) that provide practical advice on how to comply with the law related to these duties. This Policy details Plymouth City Councils asbestos policy statement (Part 1), asbestos management responsibilities/arrangements for asbestos management (Part 2) and procedures recommended for asbestos management (Part 3). It applies to all buildings, structures and assets and all individuals employed and/or engaged by the Authority without exception. The Policy allows individuals who have asbestos responsibilities related to Plymouth City Council s buildings, structures and assets to obtain guidance, advice and assistance to ensure their actions fully take account of legal requirements and recommended best practice. Contact details related to the support network (departments who are able to assist with technical advice and support) is also indicated within the Policy: As Chart 1 overpage. AMENDMENT HISTORY Version Number Changes Made Issue Date 1 Initial draft of Policy issued for comment to PCC Asset Management and Corporate Health & Safety Team. 1.1 Draft policy issued for comment to wider PCC stakeholders for comment. Policy agreed at Corp. H&S Committee 1 st Sept April 2008 Sept 2008 Policy and enclosures compiled and written by David Pollock BSc (Hons) MRICS, Building Surveying Team Manager, Asset Management, Plymouth City Council, Floor 13, Civic Centre, Plymouth. PL1 2EW. Telephone Number: (01752) , Fax Number: (01752) This individual shall be responsible for version control and review of any amendment suggestions to this Policy. March

3 Chart 1: Indicating Plymouth City Council s Asbestos Policy Responsibilities, Organisational Arrangements, Procedures and Advice & Support. Chief Executive [3.3.2], Directors [3.3.3], Heads of Service/Headteachers [3.3.4], RESPONSIBILITIES Line Managers/Supervisors/Team Leaders [3.3.5], Head of Asset Management/Director of Community Services (Housing) [3.3.6], Head of Human Resources [3.3.7], Corporate Health & Safety Committee [3.3.8], Occupational Health [3.3.9], Person in Control of Premises (Headteahers, building managers, responsible persons) [3.3.10] General Contractors & Sub-contractors [3.3.13], Asbestos Removal Contractors & Sub-contractors [3.3.14, Asbestos Consultants [3.3.14] Officers responsible for property acquisition and disposal [3.3.16] ORGANISATIONAL ARRANGEMENTS Project or Building works (ie cable installation, maintenance, refurbishment, and demolition, etc) Emergency Contingency Plan for suspected damage of ACMs in premises (accident, vandalism, etc) Premises Occupational Management by PIC: Reg. 4 Control of Asbestos Regs 2006 Duty to manage ACMs Property Acquisition & Disposal (leased/rented installation, maintenance, refurbishment, and demolition, etc.) PROCEDURES P7: Minor Works P8: Flow Diag Organisation and control of Contractors/ Works P9:Checklist HSE licensed Contractor Selection P5: Contingency Plan P6: Report of Suspected Exposure to Airborne Asbestos Fibres of Change P10: Asbestos Surveys S P1: Asbestos Warning Notice P2: Asbestos Label Policy P3: Permit to Work P4: Notification of Change P10: Asbestos Surveys P1: Asbestos Warning Notice P2: Asbestos Label Policy P3: Permit to Work P4: Notification of Change P10: Asbestos Surveys ADVICE & SUPPORT Asset Managemetn Building Surveying Team: (30)7773 and (30)4023 Community Services (Housing): (30)7558 and (30)4657 Health, Safety & Wellbeing Team: (30)4917 PIC Support Website: Appendix G: Bibliography & Guidance to Further Information March

4 Part 1 Plymouth City Council Asbestos Policy Statement P6 Part 2 Plymouth City Council Asbestos Management Responsibilities and P7 Arrangements 1.0 Introduction P7 2.0 Asbestos Policy Objectives P8 3.0 Context: Physical and Financial Resources 3.1 Implemented & Future Tactics to Achieve Asbestos Policy Objectives P9 3.2 Scope of Plymouth City Council s Asset Portfolio P Responsibilities for Asbestos Management P12 General P13 Chief Executive P13 Directors P14 Heads of Service and Headteachers P14 Line Managers, Supervisors and Team Leaders P15 Head of Asset Management / Head of Housing P15 Head of Human Resources (Health, Safety & Wellbeing) P16 Corporate Health & Safety Committee P17 Occupational Health (Health, Safety & Wellbeing) P17 Person in Control of Premises (Headteachers, building managers, P17 responsible persons) Employees P19 Client/Project Managers/Contract Administrators/Designers P20 General Contractors and Sub-Contractors P21 Asbestos Removal Contractors & Sub-Contractors P22 Asbestos Consultant P23 Officers responsible for Property Acquisition and Disposal. P Asbestos Budget P Asbestos Training P26 Part 3 Plymouth City Council Asbestos Policy Procedures P28 Procedure 1: PCC Asbestos Warning Notice. P29 Procedure 2: PCC Asbestos Labelling Policy and Label Examples. P30 Procedure 3: PCC Permit to Work and Asbestos Register Acknowledgement Form. P32 Procedure 4: Asbestos: Notifications of Change of Status. P34 Procedure 5: Contingency Plan Required in the Event of a P35 Suspected Asbestos Incident. Procedure 6: Report of Suspected Accidental Exposure to Airborne P36 Asbestos Fibres (including Form ASB001). Procedure 7: Minor Works: Reactive & Preventative maintenance works. P39 March

5 Procedure 8: Flow Diagram Aide Memoir: Organisation & Control P40 of contractors or Works to Plymouth City Council s Buildings, Structures or Assets. Procedure 9: Checklist Aide Memoir: HSE Licensed Asbestos P41 Contractor Selection. Procedure 10: Asbestos Surveys. P41 APPENDICES A: PCC Corporate Asbestos Management Implementation Programme. P43 B: Maintenance Spend Matrix: Ratings for the Determination of (Asbestos) Works Priorities (property, condition, priority & reason ratings). P45 C: Management Action Summary Options P47 D: Asbestos Management Responsibility Examples P48 E: Summary Information related to Asbestos and its Health Effects. P49 F: Bibliography and Guidance to Further Information & Organisations Providing P53 Asbestos Related Advice. March

6 Part 1: Plymouth City Council - Asbestos Policy Statement. 1.1 Plymouth City Council acknowledges and accepts its responsibilities under the Health & Safety at Work etc Act 1974, the Control of Asbestos Regulations 2006 and any further existing and future asbestos related legislation. 1.2 The Council will align resources and establish the necessary function/responsibility structure to allow effective asbestos management of its assets to comply with Health & Safety Executive Approved Codes of Practice (ACOPs), Regulations and Guidance in respect of Asbestos Management and the contents of Plymouth City Council s Asbestos Policy. 1.3 The Council aims to ensure, so far as reasonably practicable, the protection of employees and others from risks to health from potential exposure to asbestos from the activities or undertakings of the Authority. Barry Keel Chief Executive Carole Burgoyne Assistant Chief Executive Bronwen Lacey Director of Children s Services Adam Broome Director of Corporate Resources Clive Turner Director of Community Services Nigel Pitt Director of Development Dated Dated Dated Dated Dated Dated March

7 Part 2: Plymouth City Council Asbestos Management Responsibilities and Arrangements 1.0 Introduction 1.1 Plymouth City Council aims to ensure compliance with the asbestos policy statement (as Part 1 of this document). 1.2 The policy explains the implementation of asbestos management within Plymouth City Council by effective planning, organisation, control, monitoring and review: refer to Appendix A: Corporate Asbestos Management Implementation Programme. 1.3 The policy applies to all Plymouth City Council buildings, structures and assets (including the Housing Revenue Account residential housing 1 and school premises portfolio) and all individuals employed and/or engaged by the Authority without exception. 1.4 The Asbestos policy has been written to compliment and reinforce the contents and responsibilities contained within Plymouth City Council s Corporate Health & Safety Policy The Asbestos Policy has been previously circulated for consultation to allow comments to be received from officers and appropriate stakeholders 3. The Asbestos Policy will be updated annually, as and when applicable Asbestos Policy Objectives 2.1 The Asbestos Policy provides a clear statement of the objectives and methods to be employed to ensure the safety of building occupiers by the effective asbestos management in Plymouth City Council s non-domestic premises. It defines the framework by which the Council s Asbestos management needs are identified, managed, monitored and reported. The policy lays down the scope of the asset portfolio, responsibilities concerning asbestos management, the implemented & future tactics related to asbestos management, asbestos budget and works prioritisation, training, and support network communication details. 2.2 Asbestos Policy objectives: - Provide a PCC Corporate Asbestos Management Implementation Programme clearly identifying strategic and operational responsibilities for asbestos management in PCC and timescales. To ensure the prevention of exposure to risks associated with asbestos containing materials (ACMs). To promote awareness of the risks from ACMs and PCC s Asbestos Management Procedures through training and induction of relevant staff. 1 Non-domestic locations only: refer to Section 3.2: Housing Revenue Account Portfolio. 2 The Corporate Health & Safety Policy is available from PCC s staff room document library under Health, Safety & Wellbeing, or a copy may be supplied by contacting the H&S Team on Ext This includes consultation with Union appointed safety representatives, the Corporate Health, Safety & Welfare Committee, Directors and individuals who provide services for the support network. 4 Plymouth City Council will regularly monitor changes to Asbestos-related legislation to facilitate amendments to the Asbestos Policy. March

8 To ensure that any ACMs that may be present in any Plymouth City Council (PCC) buildings are maintained in a condition so as to prevent the possibility of any harm to health occurring. Provide adequate resources and commitment to comply with all relevant asbestos legislation, Health and Safety Executive approved codes of practice, guidance notes etc Ensure that all properties built before 2000 are surveyed to identify any ACMs that may be present therein and to prepare and maintain Asbestos Registers (corporate and premises-based) for all buildings. The registers will undergo regular reviews and will be updated when treatment/removal works are undertaken or when the ACM s condition/priority rating has changed. Maintain, implement and monitor a suitable asbestos management plan of each PCC building and undertake appropriate management control measures to ACMs within each PCC buildings such as encapsulation, labelling, inspection, removal etc. Effectively target asbestos related maintenance expenditure avoiding expenditure on non-priority maintenance requests and on assets planned for disposal. Provide procedures for the premises occupational management of asbestos containing materials (ACMs), duties related to building works, emergency contingency plan and property acquisition & disposal. Ensure that all contractors and sub-contractors engaged to carry out work on any of the PCC buildings are aware of the presence or suspected presence of ACMs by highlighting this on works orders or scheme/tender documentation and providing signed access to the premises-based asbestos register, and advised of the appropriate precautions and procedures to be followed. Ensure that only competent HSE Licensed and UKAS accredited external Asbestos Consultants are employed by PCC to carry out surveys and sampling and to supervise asbestos works strictly in accordance with Approved Code of Practice (ACOP) L143 and industry best practice. Ensure that only competent HSE Licensed Asbestos Contractors are employed by PCC to carry out encapsulation, removal or any other works to ACM s strictly in accordance with ACOP L143 and industry best practice. 3.0 CONTEXT: PHYSICAL AND FINANCIAL RESOURCES Foreword Asbestos has been the main cause of occupational ill health from about 1950 onwards and is still the greatest single work-related cause of death from ill health. Past exposure is now responsible for about 4000 people dying from asbestos-related cancers every year. This figure is expected to rise over the next ten years and then decline. (Source: HSE/TUC Publication The Control of Asbestos Regulations 2006: A Guide for Safety Representatives). Health & Safety Executive key messages related to asbestos containing materials (ACMs) in premises: asbestos materials which are in good condition and not releasing dust should not be March

9 disturbed...materials which are damaged, deteriorating, releasing dust or which are likely to do so should be sealed, enclosed or removed as appropriate following official guidance materials which are left in place should be managed and their condition periodically reassessed the risk to the health of the public from asbestos materials which are in sound condition and which are undisturbed is very low indeed Refer to Appendix E: Summary information related to asbestos and its health effects. 3.1 Implemented & Future Tactics to Achieve Asbestos Policy Objectives 2008 Asbestos Policy [this document]: Contains Plymouth City Councils asbestos policy statement (Part 1), asbestos management responsibilities/arrangements for asbestos management (Part 2) and procedures recommended for asbestos management (Part 3). The Policy requires individuals who have asbestos responsibilities related to Plymouth City Council s buildings, structures and assets to obtain guidance, advice and assistance to ensure their actions fully take account of legal requirements and recommended best practice. The responsibilities/procedures cover occupational asbestos management, building works procurement, emergency contingency plan implementation and property acquisition and disposal. Contact details related to the support network (Health & Safety team, Asset Management and Community Services [Housing] are also indicated within the Policy. The policy is accessible from Asset Management s Web-Site: Buildings, structures and assets yet to be asbestos surveyed: It shall be assumed that all unidentified materials within such a premise contain asbestos. A works specific risk assessment shall be undertaken (i.e. Type 3 asbestos survey) prior to any disruptive works being undertaken. These buildings are to be included in the future type 2 asbestos survey programme to ensure asbestos register provision [as below]. Refer to Procedure 10: Asbestos Surveys. Buildings, structures and assets that have been surveyed and provided an asbestos register: The Head of Asset Management/Director of Community Services [Housing] is responsible for the administration of the planned Type 2 asbestos survey programmes undertaken in compliance with Health & Safety Executive guidance MDHS100 and HSG227. The survey programmes shall include all properties constructed prior to To date the corporate operational, schools and the HRA portfolio have been completed. Additional Type 2 Asbestos surveys and register production will be undertaken of the non-operational estate (once contractual and lease repair obligations have been determined), non-building assets (i.e. structures) and additional premises acquired or ones found as a result of the corporate property review. Refer to Procedure 10: Asbestos Surveys. Premises-based asbestos register and management action plan: A paper premisesbased asbestos register has been issued by the Head of Asset Management/ Director of Community Services [Housing] to each premise to allow day-to-day occupational management by the designated Person in Control. The Person in Control is responsible for ensuring that the contents of the asbestos register are made available to employees and contractors who enter and work within each premises. The register contains a management action plan detailing the methods that needs to be implemented, developed, maintained and updated by each premise Person in Control, in conjunction, if applicable, with the maintenance budget holder. This provides the basis to ensure the March

10 safety of building occupiers by the management of asbestos in non-domestic premises: Regulation 4 of the Control of Asbestos Regulations If asbestos containing materials (ACMs) are in good condition and unlikely to be disturbed, the ACM should be left in place, labelled and monitored in accordance with current best practice. Removal or encapsulation works by HSE licensed asbestos contractors should be considered, in liaison with the Head of Asset Management/Housing, if the ACM is found to be in poor condition or if the risk assessment indicates vulnerability to damage due to location or occupational activities. Refer to Appendix C: Management Action Summary Options and Procedures 1 to 3. The exact status related to implementation of each premises management action plan is not known (as at 2008) and will require future audit. For example, the corporate portfolio shall require review following policy reversal in 2008/09 allowing maintenance budget centralisation. To allow for the corporate asbestos register to be updated and maintained the Person in Control needs to inform the Head of Asset Management/Director of Community Services [Housing] of any alterations, removal or modifications of ACMs within their premises: refer to Procedure 4: notifications of change of status. This process has largely not occurred to date, but a procedure has now been included in the 2008 Corporate Asbestos Policy and will be rolled out during Policy implementation. Corporate Asbestos Register: A duplicate paper copy of the register is held and managed by the Head of Asset Management/Director of Community Services [Housing]. A technical re-inspection of the existing corporate asbestos register will be undertaken over a five year period commencing 2008 (20% of the portfolio each year), which will allow the re-issue of updated registers to each premise Person in Control. It had been previously proposed that the corporate asbestos register would be integrated into Evolution (Plymouth City Council s Asset Management information technology program) to allow a single point updatable property information system. Although this aim has been technically illusive, a method of electronic storage is still considered a priority as it would improve information accessibility (remote accessibility by Persons in Control, project managers, contractors etc) and improve the compilation, maintenance and updating of records (i.e. after treatment, removal works or changes to any ACM). Building Works: It is the legal responsibility of the client/project manager/contract administrator/designer to ensure that a Type 3 asbestos survey is commissioned prior to any works that could disrupt the fabric of a building (i.e. cable installation, maintenance, refurbishment, or demolition). All work with asbestos containing materials legally needs to comply with the Control of Asbestos Regulations 2006 and Health & Safety Executive Approved Code of Practice work with materials containing asbestos. Refer to Procedures 7, 8 & 9. Only competent HSE licensed/ukas accredited external asbestos consultants and HSE licensed Asbestos contractors shall be utilised for survey, sampling, asbestos works, supervision and encapsulation, removal or other works to ACMs. Asbestos Emergency Contingency Plan: Indicates the actions that shall be undertaken in the event of an asbestos or suspected asbestos incident: refer to Procedure 5: Contingency plan required in the event of a suspected incident. Person in Control (PIC) Support Initiative: PIC Support is a framework for managing corporate and educational premises in accordance with legislation. Training, guidance and information is provided for those with PIC responsibilties. Asbestos Training: The appropriate level asbestos training allows each individual to acquire knowledge/skills to comply with asbestos legislation (i.e. compliance with Regulation 4 of the Control of Asbestos Regulations 2006), ensuring effective asbestos March

11 management within the Council in compliance with Plymouth City Council s Asbestos Policy. Refer to Section Scope of Plymouth City Council s Asset Portfolio The Authority s property portfolio includes a variety of land and property assets including industrial, retail and commercial land and property, amenity land, cemeteries, car parks, leisure centres, public conveniences, derelict and under-used land in miscellaneous areas. Plymouth City Council is a significant property owner, with assets valued at 1,331,456,176 (as at February 2008). The assets and related responsibilities are categorised as follows: Corporate Operational Assets These are assets that are held and used or consumed by the Authority for the direct delivery of services for which it has either a statutory or discretionary responsibility. Examples include: Offices and depots [not Housing Revenue Account]. Museum, libraries, guildhalls and historic buildings. Social Services residential accommodation homes. Sports centres, pools and other leisure facilities. Adult education, community & youth centres. Crematoria, registry offices. Car parks & transport facilities [responsibility of PCC Transport, Infrastructure and Engineering]. Park shelters, park lodges and pavilions [responsibility of PCC Parks Services]. Public toilets and changing rooms. Storage buildings. The Head of Asset Management (refer to Section 3.3.6) is responsible for strategic asbestos management, unless indicated otherwise above, or if legal, contractual or lease repair obligations indicate otherwise. Operational asbestos management has been delegated by Directors to the Person in Control (building managers, responsible persons) of the operational/occupational management of each premise. This duty will be shared with Asset Management for those properties funded from the Centralised maintenance budget. Corporate Non-Operational Assets These are assets that are held by the Authority but not directly occupied, used or consumed in the delivery of services. Examples include: Business premises and investment properties let by the Authority (commercial, retail and industrial property). Land acquired and held in advance of development. Property surplus to requirements. The Head of Asset Management (refer to Section 3.3.6) is responsible for strategic asbestos management and operational asbestos management unless legal, contractual or lease repair obligations indicate otherwise, or is such responsibilities have been delegated to a Person in Control located at the premises and responsible for occupational operational management/budget expenditure (i.e. leaseholders). Corporate Community Assets Community assets are assets that the Authority intends to hold in perpetuity, they have no determinable useful life and they may have restrictions on their disposal. Such assets are usually procured for, dedicated or March

12 donated to public use and placed with the Authority s custodian to provide care and maintenance and access for the public. The test for a community asset is considered to be whether it is alienable or could be sold and the proceeds of sale used for some other purpose without the consent of some outside body, trust owner or beneficiary. Examples of community assets include: Parks and open spaces [responsibility of PCC Parks Services]. Land used for cemeteries. Allotments. The Head of Asset Management (refer to Section 3.3.6) is responsible for strategic asbestos management, unless indicated otherwise above or if legal, contractual or lease repair obligations indicate otherwise. Operational asbestos management has been delegated by Directors to the Person in Control (building managers, responsible persons) of the operational/occupational management of the premises/land. Housing Revenue Account Portfolio These are assets held & used by the Authority for the delivery of Council Residential Housing. Residential Housing. Offices, Depots, and parks/open spaces (HRA only). The Director of Community Services [Housing] is responsible for strategic asbestos management (refer to Section 3.3.6). The Director retains operational asbestos management unless legal, contractual or lease repair obligations indicate otherwise, or if such responsibilities have been delegated to a person in control located at the premises and responsible for occupational operational management/budget expenditure. The duty to manage asbestos does not apply to domestic premises (i.e. a private dwelling where a person lives). However, common parts in housing developments and blocks of flats (i.e. entrance halls, stairs, lifts, plant rooms, shared corridors etc) are nondomestic and subject to Regulation 4 Control of Asbestos Regulations Schools Portfolio These are assets held & used by the Authority for the provision of education (Children s) services. Primary Schools (including special schools) Secondary Schools The Head of Asset Management (refer to Section 3.3.6) is responsible for strategic asbestos management (on behalf of the Local Education Authority), unless the school s legal status indicates otherwise. Operational asbestos management has been delegated by the Director of Children s Services to the headteacher (Person in Control) of the operational/occupational management of the premises, unless legal, contractual or lease repair obligations indicate otherwise. 3.3 Responsibilities for Asbestos Management General Plymouth City Council has responsibility for compliance with the Health and Safety at Work etc. Act 1974 and all associated legislation. This includes specific legislation relating to asbestos containing materials (ACMs): refer March

13 to Appendix F. This Asbestos Policy shall be read in liaison with Plymouth City Council s Corporate Health & Safety Policy All Directors, School Headteachers, Managers and any other Authority employee responsible directly or indirectly for asbestos management (i.e. those who control, undertake or organise premises management, maintenance, any work process likely to interfere with the fabric of any of the Authorities premises, or property acquisition & disposal shall be responsible for ensuring compliance with the Corporate Asbestos Policy Directors, Heads of Service and School Headteachers shall ensure that all of their staff familiarise themselves with the contents of the Asbestos Policy, insofar as it is relevant to their roles and responsibilities. Additionally, Directors, Heads of Service and School headteachers are responsible for ensuring that employees under their control and management have the relevant level of competency to deal effectively and legally with asbestos related issues. All work with asbestos containing materials in any buildings, structures and assets owned or occupied by Plymouth City Council is to be carried out by a Health & Safety Executive licensed asbestos contractor in full compliance with the Control of Asbestos Regulations 2006 and related HSE Approved Codes of Practice, Regulations and guidance. The Head of Asset Management/Director of Community Services [Housing] may provide formal dispensation to allow the use of competent general contractors to undertake works to non-notifiable materials, upon the provision of conclusive evidence, prior to works commencement, to indicate that such works are to be undertaken in full compliance with the Control of Asbestos Regulations 2006 and related HSE Approved Codes of Practice, Regulations and guidance Responsibility for the implementation, review and monitoring of this Policy document, along with the Authorities strategic asbestos management framework is delegated to the Director responsible for health & safety implementation (Assistant Chief Executive). Resource responsibilities related to the strategic asbestos management framework [advice & support network] shall be delegated, depending on function and premises portfolio, to the Head of Asset Management, Director of Community Services [Housing] and Head of Human Resources (Health, Safety and Wellbeing). Responsibilities for occupational/operational asbestos management shall be delegated by each Director to Persons in Control (headteachers, building managers, responsible persons) of each premises and, if applicable, to those responsible for building maintenance Chief Executive Will be responsible for: Refer to Appendix A: PCC corporate asbestos management implementation programme, Chart 1 (Executive Summary) indicating PCC asbestos policy responsibilities, organisational arrangements, procedures and advice & support network and Appendix E: Examples of asbestos management responsibilities Specifying and ensuring that the structure of the Council facilitates itself to March

14 the successful implementation of the Asbestos Policy Ensuring the objectives of the Asbestos Policy are fully understood by all Directors and that the appropriate management arrangements are in place Directors Will be responsible for: Specifying and ensuring that the structure of their own Departments facilitates itself to the successful implementation of the Asbestos Policy i.e. the identification of Persons in Control (headteachers, building managers, responsible persons) Ensuring the objectives and contents of the Asbestos Policy are fully understood by all their own Departmental Heads of Service, Headteachers and employees Managing their responsibility through Departmental Management Team meetings and membership of the Authorities Corporate Health & Safety Committee Ensuring that individuals responsible for asbestos management are identified, competent and have sufficient and suitable initial and update training with respect to asbestos issues where appropriate Heads of Service and Headteachers Will be responsible for: Ensuring the identification, registration and training of Persons in Control (headteachers, building managers, responsible persons) Specifying and ensuring that the structure of their service area or school facilitates itself to the successful implementation of the Asbestos Policy Ensuring the objectives of the Asbestos Policy are fully understood by all their own Departmental Managers Ensuring that all Managers under their control are made aware of their duties and responsibilities in line with the Asbestos Policy Ensuring Managers are adequately trained and suitably competent to manage asbestos with their own service area or school department Ensuring their service area or school employees recognise asbestos management as an integral element of their business and is given equal status alongside other management functions Co-operating and working in close liaison with all officers to achieve effective asbestos management and Policy compliance Ensuring that all asbestos incidents that occur in workplaces and premises under their control are properly recorded and notified in compliance with the emergency contingency plan: refer to Procedure 5. March

15 Headteachers will bring to the attention of the governing body any significant asbestos management issues. Will involve the governors in any policy matters and bring to the attention health & safety guidance received from the Children s Services or Corporate Health & Safety Team and liaise with and involve, as appropriate, the Health & Safety Lead Governor Line Managers, Supervisors and Team Leaders Will be responsible for: Ensuring the objectives of the Asbestos Policy and Procedures are fully understood, implemented and observed by employees directly under their control Ensuring that all employees under their control are made aware of their duties and responsibilities in line with the Asbestos Policy Ensuring that all asbestos incidents that occur in workplaces and premises under their control are properly recorded and notified in compliance with the emergency contingency plan: refer to Procedure Ensuring safe systems of work pertaining to asbestos work activities (if applicable) are developed, implemented, controlled and monitored Ensure all procurement decisions fully take into account asbestos considerations Head of Asset Management/Director of Community Services [Housing] Will be responsible for: Developing asbestos related policy, arrangements, procedures and guidance in compliance with legislative requirements Devolving the principal functions of asbestos management to the relevant Maintenance Team Managers (shared duty holders 1 under Regulation 4 1 Regulation 4 Control of asbestos Regulations 2006 defines the duty holder (responsible to manage asbestos in non-domestic premises as: (a) every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom; or (b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom, and where there is more than one such duty holder, the relative contribution to be made by each person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person. Duties under Regulation 4 Control of Asbestos Regulations 2006:- (a) take reasonable steps to find materials in premises likely to contain asbestos and to check their condition: (b) presume that materials contain asbestos unless there is strong evidence to suppose they do not: (c) make a written record of the location and condition of asbestos and presumed asbestos-containing materials (ACMs) and keep the record up to date: (d) assess the risk of the likelihood of anyone being exposed to these materials; (e) prepare a plan to manage that risk and put it into effect to ensure that: (i) any material known or presumed to contain asbestos is kept in a good state of repair (ii) any material that contains or is presumed to contain asbestos is, because of the risks associated with its location or condition, repaired, or if necessary removed (iii) information on the location and condition of the material is given to anyone potentially at risk The Type 2 Asbestos Survey (undertaken to Health & safety Executive Guidance MDHS100 and HSG227) shall provide a written regulation compliant asbestos register for each premises in the Asset Management/Housing portfolios. The register shall complete all of the Regulation 4 duties, except those underlined above. The underlined duties shall be the responsibility of the Person in Control responsible for occupational/operational and access/egress related to their building. March

16 the control of Asbestos Regulations 2006) and Officers responsible for the Project Management of Projects (including feasibility and design) or functions related to property acquisition or disposal Managing this responsibility through the Departmental Management Team meetings and the Corporate Health & Safety Committee Ensuring that employees under his direct control are trained, qualified and competent to deal with asbestos issues. BIOH P402/P405 qualifications shall be required by employees commissioning/maintaining asbestos registers, undertaking asbestos surveys (type 2 and 3 asbestos surveys), assisting with duties under legislation/pcc Asbestos Policy (i.e. emergency contingency plan required in the event of a suspected asbestos incident) and the provision of specialist asbestos management advice Ensuring that the overall strategy for the safe operation and execution of Asset Management/Community Services [Housing] activities includes consideration of asbestos issues within their particular property portfolios or areas of work Ensuring the adequate provision of resources for strategic and operational asbestos purposes (in compliance with the Asbestos Policy and implementation programme) Ensuring that asbestos surveys are undertaken/commissioned in full compliance with Health & Safety Executive Guidance MDHS100 and HSG227 to allow the compilation of a corporate and premises-based legislation compliant Asbestos Registers. The Corporate Asbestos Register shall remain with the Head of Asset Management/Head of Housing. The premises-based register shall be forwarded to the Person in Control based at each property to aid compliance with the duties 1 under Regulation 4 Control of Asbestos Regulations The asbestos registers shall include the initial management action plan to allow use and future development by the Person in Control Ensuring that the Corporate Asbestos Register is regularly updated and maintained Ensuring that technical re-inspections of Type 2 asbestos registers over a 5 year duration are undertaken to allow asbestos records to be kept up to date. Undertake duties related to updates, as above Ensuring an effective response is provided for emergency situations and to ensure compliance with the emergency contingency plan: refer to Procedure Providing information on ACMs as may be required Providing the Health and Safety Executive with details of asbestos management procedures if/when requested. Completion of the duties allows full development of the management action plan (contained within the asbestos register) and enables compliance with Regulation 4 of the Control of Asbestos Regulations The Head of Asset Management or/director of Community Services [Housing] shall need to commission asbestos remedial works (repair or removal) if responsible for the maintenance repair obligations of the subject building as (e) (ii) above, in compliance with asbestos related legislation: See 3.13 Asbestos Removal Contractors and Sub-contractors. March

17 Assisting with auditing the compliance of asbestos management action plans implemented by Persons in Control (headteachers, building managers, responsible persons) Head of Human Resources (Health, Safety & Wellbeing) Will be responsible for: Investigating and reporting to the Corporate Health and Safety Committee on any alleged incident of accidental asbestos exposure and for ensuring reporting of incidents under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) where appropriate Advising line managers on notification to the Occupational Health Service should any member of staff be involved in an incident of accidental asbestos exposure in order that medical advice can be given Providing general health & safety information on ACMs as may be required Assisting and ensuring compliance with the contents of the emergency asbestos contingency plan arrangements: Refer to Procedure Assisting with auditing the compliance of asbestos management action plans implemented by Persons in Control (headteachers, building managers, responsible persons) Ensuring liaison with department and Trade Union safety representatives related to Health & Safety (including asbestos) Corporate Health & Safety Committee Will be responsible for: Ensuring the Asbestos Policy is reviewed annually, or when significant changes occur to the Authorities business or structures Reporting annually via Corporate Management Team on the effectiveness of the Policy, Procedures and actual working practices Reporting immediately to the Corporate Management Team if any serious deficiencies are identified in the Authorities management of asbestos Occupational Health (Health, Safety & Wellbeing) Will be responsible for: Providing occupational health advice to management and staff on issues relating to asbestos on referral Ensuring that any exposure is recorded on the employee s Personal File and retaining the medical notes for a period of forty years after the date of final exposure. March

18 Person in Control 2 of Premises (headteachers, building managers, responsible persons) Will be responsible for: Ensuring that all staff (permanent and temporary), service users, visitors, contractors and others who are likely to interfere with the fabric of the building are provided appropriate asbestos awareness training and are aware/implement their responsibilities under PCC Asbestos Policy Ensuring that the asbestos register and management action plan 3 (fully developed by the Person in Control) stays on site at all times, that all staff know where it is kept (and can use it), and that anyone likely to disturb asbestos containing materials are able to access the register s information contents (as above). This will ensure that such parties/individuals are not put at risk of exposure to asbestos containing materials (ACMs) Ensuring the asbestos management plan recommendations are developed and implemented (kept up to date and regularly reviewed to identify any changes i.e. change of room use/activity, or where further asbestos is located etc) ensuring the effective operational/occupational management of known or assumed ACMs identified by the Type 2 survey and contained within the premises based Asbestos Register: Refer to Procedures 1, 2 & Regularly carry out visual checks of all ACMs, to ensure that asbestos containing materials remain in a good state of repair, and record such 2 Person in Control relates to premises managers, responsible persons or headteachers previously nominated by their Directorate as being responsible for the occupational or operational control of Plymouth City Council premises. This role will be the Duty Holder under Regulation 4 of the Control of Asbestos Regulations 2006 and, if applicable, may share this legislative responsibility with the department or individual responsible for the remote provision and allocation of the premises maintenance budget 3 Regulation 4 of the Control of Asbestos Regulations 2006 requires Duty Holders to undertake 5 Steps. The Type 2 Asbestos Survey organised by the Head of Asset Management or Director of Community Services [Housing] has enabled the production of a legislation compliant written register for each premises, including your own. The register shall complete all of the Regulation 4 duties, except those underlined. Refer to Footnote 1 under Policy section However, as the person in control responsible for occupational/operational and access/egress related to your building you will need to develop the premises management action plan by: 1) ensuring that the register is kept up-to-date and made available to all occupiers/visitors: 2) ensuring that the premises management action plan is implemented: 3) undertaking regular monitoring of presumed or known asbestos containing materials to ensure they remain in good condition. The Person in Control will need to review the contents of Step (d), the likelihood of risk, for completeness/ suitability if completed by the external asbestos surveyor: Refer to Footnote 1 under Policy section Persons in Control may obtain assistance or advice from the Support Network. Refer to Appendix B The HSE Approved Code of Practice L127 entitled The Management of Asbestos in Non-Domestic Premises Regulation 4 of the Control of Asbestos Regulations 2006 provides detailed advice on how to comply with the duty in Regulation 4 of the Control of Asbestos Regulations 2006 and explains the duties of building owners, tenants and anyone else with legal responsibilities for non-domestic premises. These duties are those summarised in (a)-(e) detailed in Section The HSE have also produced two guides to managing asbestos in premises. 1) A short guide to managing asbestos in premises INDG223 and 2) A comprehensive guide to managing asbestos in premises HSG227. To enable the management of asbestos in non-domestic premises Asset Management has undertaken Type 2 asbestos surveys of the Corporate operational premises portfolio and schools. Community Services [Housing] have undertaken Type 2 asbestos surveys of non-domestic locations of residential housing. The surveys have enabled the provision of asbestos registers for each premises. Each asbestos register has been previously forwarded to the nominated person in control to enable effective management of asbestos containing materials in each premise allowing compliance with Regulation 4 of the Control of Asbestos Regulations March

19 inspections between the 5 yearly technical re-inspections by Head of Asset Management/Director of Community Services [Housing]. Asset Management/Housing must be advised of any significant changes to the condition of the ACM that may require repair or removal operations: refer to Procedure Ensuring that ACMs and associated labelling is maintained in good condition in conjunction, if applicable, with the maintenance budget holder: refer to Procedure Ensuring that Management Action Plans are to be made available to the external enforcing authorities (HSE), the occupiers of the premises, Head of Asset Management/Director of Community Services [Housing] and Trade Union Safety representatives Assisting and ensuring compliance with the contents of the emergency asbestos contingency plan arrangements: refer to Procedure Ensuring that any works activities undertaken to their premises by staff, service users and third parties is undertaken in a safe manner fully considering ACMs: refer to Suitable and sufficient risk assessments (i.e. Type 3 asbestos survey) and safe systems of work are required prior to activity commencement: refer to Alerting the Head of Asset Management or Director of Community Services [Housing] when any previously unknown asbestos is found, or suspected, during works activities, in order that an assessment can be made and appropriate action taken: refer to above Ensuring that the Head of Asset Management/Director of Community Services [Housing] is to be notified of any changes to the asbestos content of your premises (i.e. the condition of asbestos containing materials or after treatment/removal works). This will enable the updating of the Corporate Asbestos Register held by the Head of Asset Management/Director of Community Services [Housing]: Refer to Procedure Ensuring that new materials, components, equipment or apparatus erected, installed, purchased or gifted is free of asbestos material Employees All persons employed by Plymouth City Council will be responsible for: Ensuring that any work that may disturb or damage ACMs is avoided Reporting to the premises Person in Control (headteachers, building managers, responsible persons) or alternatively their line manager any materials suspected of containing ACMs where the material has become disturbed and/or damaged or where staff, contractors and/or sub contractors are likely to undertake work, which may affect that material. March

20 Client/Project Managers/Contract Administrators/Designers: Refer to Procedures 7, 8, 9 & 10. Will be responsible for: Ensuring that the Plymouth City Council Asbestos Policy and any associated guidance is adhered to Ensuring that, before feasibility/design work is started on a project, the Asbestos Register is consulted and sufficient information is obtained on any ACMs within the working area to safely carry out the works. Where disruptive works are planned, a competent and qualified Asbestos Consultant must be commissioned during feasibility/design to undertake a Type 3 asbestos survey (including CAD drawings) to identify concealed ACMs. A minimum of 6 weeks should be allowed to enable surveys, sampling, analysis and reporting to take place Ensuring that the extent of the survey requirements are clearly communicated to the preferred Asbestos Consultant and to include satellite areas where service connections may be made Ensuring that the outcomes of any survey are made available to the premises-based and corporate asbestos registers: Ensuring that unsurveyed areas and areas of no access are mapped against proposed works to ensure that the extent of the works does not impinge on these areas of no access and, if so, these areas are surveyed before the start of the works Ensuring that before any work is started on any PCC premises that adequate risk assessments/method statements are completed, the Asbestos Register has been consulted and, where disruptive works are being undertaken, a Type 3 survey (refer to Procedure 10) has been completed by the preferred Asbestos Consultant. If no asbestos is identified then the works can proceed with caution, bearing in mind the possibility that the Asbestos Register and/or any additional surveys might not have identified all ACMs Stopping any works and informing staff if suspected materials are discovered during the course of the works and immediately complying with the emergency contingency plan: Refer to Procedure Ensuring that if asbestos is identified, which will be disturbed during the works, that an Asbestos Consultant is commissioned to prepare a scope and specification including a schedule of all ACMs to be removed as a set of separate tender documents Ensuring that only HSE licensed asbestos contractors and UKAS accredited HSE licensed consultants are used Ensuring that separate contracts are issued for asbestos remediation works and subsequent asbestos testing/monitoring (ensuring conflict of interest situation are avoided). March

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