An Introduction to Asbestos, Legislation and Licensed

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1 An Introduction to Asbestos, Legislation and Licensed Contractor Selection MARK W ROBERTS Director Kitsons Environmental Europe Ltd Chair ARCA CHRIS BISHOP BA, C.Chem MRSC, MCQI CQP, CCP (Asbestos) Head of Training Silverdell Academy For Excellence

2 Agenda An Introduction to Asbestos, Legislation and Licensed Contractor Selection Asbestos Facts Framework of Legislation CAR 2006 Reg 4: The Duty to Manage The Removal lprocess Competent Surveyor and Licensed Contractor Selection

3 ASBESTOS FACTS: Asbestos is a naturally occurring mineral; Man has used asbestos for approx years There are more than 3000 products known to contain asbestos; It has been used widely in the UK for the last 150 years; The peak use of the material ilin the UK was during the period late 1950 s early 1980 s; It is likely to be in,more than 1.5million public and commercial buildings; There are at least schools in the UK known to contain asbestos We don t know how many homes contain asbestos products;

4 Theaverage latentperiodfor asbestosrelated diseases is 15 years or more; The youngest person in the UK to die from Mesothelioma was 28; Asbestos is the biggest industrial killer the UK has ever seen; The death rate is approx 5000 per year, it is rising and is expected to peak between ; By the time this presentation has finished, there is likely to be another death from asbestos related diseases in the UK.

5 FRAMEWORK OF ASBESTOS LEGISLATION Health and Safety at Work etc, Act 1974 Control of Asbestos Regulations 2006 Approved codes of practice L143 Work with materials containing asbestos L127 The management of asbestos in non domestic premises

6 HSG 227 Managing Asbestos in Premises Construction (Design & Management) Regulations 2007

7 ASBESTOS LAW The Control of Asbestos Regulations 2006 (CAR 2006) apply to any activity which may involve the exposure of employees and/or others to asbestos. This includes manufacturing processes, work with materials containing asbestos, Asbestos Removal, Asbestos Sampling, Laboratory Analysis and Air Testing.

8 ASBESTOS LAW CAR 2006 requires employers to protect employees and anyone else who may be affected by exposure to asbestos. The employer is required to prevent exposure to asbestos or to reduce it to as low a level as is reasonably practicable by measures other than the use of RPE. Employees have a duty to co-operate with their employers, and to do all that they can reasonably do to protect t themselves and others around them.

9 HSCpre regulatory regulatory impact assessment identified16 target groups (including architects, building surveyors and other such professionals 1.8m persons identified as needing Asbestos Awareness training (CAR 2006 Reg 10: Information Instruction and Training)

10 CONTROL OF ASBESTOS REGULATIONS 2006 Regulation 4 - duty to manage asbestos in non-domestic premises. Originally came into force May Places an explicit duty on people, in control of non domestic premises, to manage the risk from ACMs. Applies to estimated 1.5m properties Applies to estimated 1.5m properties in UK

11 THE DUTY TO MANAGE CAR 2006 Reg 4 Duty Holder defined as: Every person by virtue of a contract or tenancy an obligation to the maintenance of nondomestic premises or any means of access or egress. In the absence of a contract or tenancy, the duty holder is every person who has control of that part of the property or any means of access or egress.

12 RESPONSIBILITIES OF THE DUTY HOLDER The Duty Holder is: To ensure e that suitable and sufficient assessments are carried out to assess whether asbestos is or is liable to be present in the premises to enable him to manage the risk. (NB- Duty to MANAGE, NOT REMOVE!)

13 RESPONSIBILITIES OF THE DUTY HOLDER The Duty Holder is: To ensure that in making the assessment, reasonable steps in the circumstance have been taken, also that the condition of identified or presumed asbestos has been considered. To ensure that all available historical information is taken into account when making the assessment and inspections are carried out which are reasonably accessible.

14 The Duty Holder is: RESPONSIBILITIES OF THE DUTY HOLDER To ensure that assessments are reviewed if there are reasons to suspect they are no longer valid or there has been a significant change. To ensure that the conclusions of the assessment and every review are recorded.

15 RESPONSIBILITIES OF THE DUTY HOLDER The Duty Holder is: To ensure that where the asbestos is or is liable to be present, that: A determination of the risk is made A written plan is prepared Measures to manage the risk are recorded in the plan which are to include monitoring the condition, maintenance and removal and provision of adequate information provided to persons liable to disturb it including the emergency services.

16 RESPONSIBILITIES OF THE DUTY HOLDER The Duty Holder is: To review and revise the plan at regular intervals To review and revise the plan at regular intervals and ensure measures specified for managing the risk are implemented and recorded.

17 ASBESTOS MANAGEMENT The process of Asbestos Management requires the following stages: Identify - presumption, document review or Survey. Assess - Material lassessment and Risk Assessment. Manage - Action Plan and Management Plan. Any or all stages might require feedback and amendment.

18 ASBESTOS SURVEY There are three types of Survey, as defined in MDHS 100: Type 1 Type 2 Type 3 Location & Assessment Survey (Presumptive). Standard Sampling, Identification & Assessment Survey (Sampling). Full Access & Identification Survey (Pre-demolition / Major Refurbishment).

19 MDHS first issued Jul 2001 New HSG guidance document Asbestos surveyors Guide Surveying, sampling and assessment of asbestos containing materials awaited. Due? Only two types of survey management and demolition i / refurbishment ; Latter is when needs or use of building changes; Includes minor refurbishment; CDM 2007 requires client to provide information at pre construction phase.

20 MEASURES NEEDED IN ALL CASES Communicate with employees, Contractors and others. Monitor the condition of the ACM. Put a safe system of work in place.

21 OPTIONS FOR MANAGEMENT Label the ACM. Colour code the ACM. Protect/enclose the ACM. Seal/encapsulate the ACM. Repair the ACM. Remove the ACM. NOTE: There is a DUTY to MANAGE, NOT a Duty to Remove!

22 HOW TO AVOID THE RISKS FROM ASBESTOS No work should be undertaken that disturbs the fabric of a building unless it has been confirmed that ACMs are not present or appropriate control measures are in place. Duty to identify ACMs and implement a y y p Management Plan.

23 ASBESTOS MANAGEMENT The process of asbestos management requires the following stages: Identify Assess Manage Asbestos Survey Type 1 or 2 Asbestos Register Priority Assessments Management & Action Plan Any or all stages might require feedback and amendment.

24 ASBESTOS MANAGEMENT

25 ASBESTOS MANAGEMENT DURING CONSTRUCTION WORK The process of asbestos abatement requires the following stages: Identify Plan Manage Asbestos Survey Type 3 Scope of works and method statement 14 Days notice Abatement by competent contractor ALL asbestos should be identified at the preconstruction planning phase.

26 WORKING WITH ASBESTOS S Where work is being carried out that does not require a Licensed Contractor, theworkmustonlybecarried out by competent, trained workers. This training is described in ACoP L143 Regulation 10 under the section Training for Non-licensable asbestos work. NB : Many unlikely to have appropriate insurance!

27 Reg 3 Application of the Regulations CAR 2006 All work with asbestos must be carried out by a Licensed Contractor, C t t unless; a) The work is sporadic and low intensity (<0.6 f/ml over 10 mins); b) The control limit will not be exceeded (<0.1 f/ml over 4 hrs) and; c) The work involves; Short maintenance activity; Material where the fibre is bonded in a matrix; Encapsulating ACMs in good condition, i or; Air monitoring and bulk sampling.

28 ASBESTOS REMOVAL

29 Asbestos Removal Schedule of Action Prior to the Start of Work: specification; contractor selection; pre-qualification of contractors; tendering; method statements and programme; notify HSE of licensable work (ASB5); 14 day notification (unless waiver granted)

30 Method Statement Regulation 7 Plan of Work An employer shall not undertake any work with asbestos unless he has prepared a suitable written plan of work detailing how that work is to be carried out. A copy of the plan of work shall be kept at those premises at which; and for such time as, the work to which h the plan relates is being carried out.

31 Regulation 9 Notification of Work with Asbestos All work except that exempted under regulation 3(2) must be notified to the appropriate enforcing authority 14 days before work commences. The plan of work must be submitted with the notification.

32 SELECTING A COMPETENT ASBESTOS SURVEYOR & LICENSED REMOVAL CONTRACTOR

33 Asbestos Surveyor MDHS 100 Surveying, sampling and assessment of asbestos containing tii materials Anyone undertaking surveys or sampling should: have appropriate training i and experience; be able to demonstrate independence, impartiality and integrity; and have an adequate quality assurance procedure Appropriatetraining training, for example, is provided by courses organised through the British Occupational Hygiene Society (BOHS P402) CAR 2006 has no qualification requirements for surveyors!

34 Selection of a contractor for work with asbestos Prequalification The initial selection criteria for a contractor to work with asbestos materials should include consideration of the following: Licence for work with asbestos full ll3 year licence no conditions References blue chip clients Insurance PI & PL value? Financial i stability plc stock market ktlisted vs private co Personnel recognised and reputable Knowledge and experience consider the scope and application of works Demonstrable competence Accreditations i via BSI etc C&G

35 Final selection Selection of a contractor for work with asbestos Once the contractor has provided sufficient information to prequalify he may be invited to submit a proposal for carrying out specified works. It is important to have determined d the scope of works for which the contractor is bidding, this can only be determined following a "type 3" survey as defined in MDHS 100 "Surveying, sampling and assessment of asbestos containing i materials". This would meet the legal requirement to identify all asbestos containing materials before work commences.

36 Contractor Performance Holding a licence does not guarantee quality of service / standards of removal. HSE maintains a list of enforcement actions.

37 2007/8: 801 inspections of licensed work 32 prohibition notices served. 2 convictions associated with licensable work (both associated with the same contractor, who has subsequently been refused a licence). 99 of 313 licence holders inspected during the period led to ALU formally writing to raise concerns about the standard of work / management. 395 licence assessments were carried out: 37 applicants were refused a licence (25 conditional refusals, 12 outright tihtrefusals). 12 new applicants were refused (9 scaffold, 1 SLH, 1 labour supply, 1 full licence) 25 renewal applications were refused (13 full, 7 scaffold, 3 SLH, 1 labour supply, 1 maintenance) 56 applicants were granted reduced term licences (and assigned priority visit contractor status)

38 Selection of a contractor for work with asbestos In addition to the normal contractual issues on the agenda such as commencement dt date, contract tduration etc the following asbestos related issues should be addressed: Nature, location and extent of all asbestos to be removed; The contractors draft plan of work; Environmental clean of the work area; Disconnection of services; Handover procedures and permits to work

39 Selection of a contractor for work with asbestos Access arrangements COSHH and risk assessments Confined spaces Waste disposal arrangements Location of hygiene facilities / transit routes Personal protective equipment Location of extraction plant and exhausts Testing of enclosures Temperature within enclosures

40 Selection of a contractor for work with asbestos Dust suppression techniques Air monitoring Emergency yprocedures Communications Record keeping Associated trades Welfare facilities Exclusion of persons Notifications Appointment of independent analysts for Appointment of independent analysts for verification

41 TYPICAL COSTS OF CLAIMS Typical settlement for asbestosis: 200,000 Settlements for mesothelioma: 350,000-1,500,000

42 ASBESTOS FACTS: All forms of asbestos were finally banned in 1999; Progressively prohibited since mid 1970 s; Asbestos related diseases are irreversible and incurable; Drinking milk doesn t prevent asbestos related diseases; It is still in premises and unless legislation changes, because of economic drivers is likely still to be around in years time. Leigh Carlisle

43 Summary Asbestos is a useful mineral doesn t rot, rust breakdown, isstrong strong andresists heat; Legislation developed over >75 years; Asbestos regulations apply to anyone working with asbestos containing materials; UKhaslicensingregime for contractors working with high risk materials; Possession of licence doesn t guarantee competence; There is no Regulation covering surveyor g g y competence!

44 Any yquestions? Thank you. Further advice on any issue regarding Asbestos, Management and Removal can be obtained from ARCA by contacting: Phone: Web:

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