ASBESTOS IN SCHOOLS An Update The Key Issues. DAVID BRIERLEY Voice the union for education professionals 8 May 2013

Transcription

1 ASBESTOS IN SCHOOLS An Update The Key Issues DAVID BRIERLEY Voice the union for education professionals 8 May 2013

2 14,210 school built between Many others refurbished DfE estimate more than 75% contain asbestos

3 Extensive use of Amosite in Schools Medical Research Council Report 1997 These particular buildings might thus be considered to pose a relatively higher risk of exposure Fibrous materials in the Environment MRC INSTITUTE FOR ENVIRONMENT AND HEALTH

4 Asbestos Exposures in Schools Maintenance Everyday Classroom Activities

5 Missing Silicone Sealant Column Used as Goal Post

6 Glenthorne Primary School AIB removed without any controls from cupboard in nursery 17 Infants, teacher, teaching assistant and cleaner exposed Books and equipment destroyed, cost 246,000 Found Guilty, fined December 2012

7 Sherborne School Builders removed AIB 20 people exposed. Failed to manage asbestos No refurbishment survey July 2012 Fine and Expenses 73,000

8 October 2012 school closed Asbestos contamination and heaters pose a potential serious risk to health Asbestos remediation costs 1,047, April 2013 remains closed

9 One of the most popular forms of heating schools The Role of School Building in Post War England Heating Cabinets If damaged, fibres can be readily circulated... Scape CLASP asbestos handbook f/ml (60,000 f/ f/m 3 ) Amosite HM Principal Inspector of Factories 22 October Cwmcarn Damaged AIB 4 Heaters emitting amosite fibres

10 School Teachers Mesothelioma Deaths

11 Teacher s Deaths are the tip of the iceberg Evidence to Education Select Committee. It is reasonable to assume in the order of female mesothelioma deaths a year will occur from asbestos exposure as a child at school Professor Peto Education Select Committee 13 th March (A similar number of male deaths)

12 School support staff are also dying of mesothelioma School Caretakers School Cleaners School secretaries Teaching assistants School cooks

13 No Statistics for Children s Subsequent Deaths Latency from first exposure: Average Low level exposure average years 50 years Therefore there are no statistics for subsequent mesothelioma deaths for children exposed to asbestos at school

14 Dianne Willmore Supreme Court Judgment 9 March 2011 Negligently exposed to asbestos as a pupil at school Exposure above background level Materially increased risk of mesothelioma

15 Two current mesothelioma cases Pupils kicked holes in AIB walls One is a teacher One is a former pupil By kind permission of Oracle Solutions Ltd

16 Government Policy in Britain Manage for life of School building Asbestos which is in good condition and unlikely to be disturbed or damaged is better left in place and managed until the end of the life of the building as this presents less risk of exposure to the occupants than the process of removing it. Parliamentary Written Answer Minister of State for Schools 8th February 2011

17 Highland Council: 123 of 221 schools have No asbestos survey or only a partial survey. 22 October, 2009 Highland Council Improvement Notice Notice May 2009 Failure to prepare and implement written plans that identify those parts of school premises in which asbestos is, or is liable to be present and that specify the measures necessary for adequately managing the risk plan HSWA 2 and 3. CAWR 2006 Regulation 4/8 Failure to determine risk Regulation 4/9 Failure to manage the risk and prepare a Regulation 4/10 Failure to review or revise the plan

18 Schools are not managing their asbestos either effectively or safely. These are not minor problems that have crept in over recent years; rather they are fundamental problems that are endemic in schools in the UK. Over the years the school stock has not been well maintained so that as the fabric of the buildings has deteriorated then so has the asbestos. Asbestos Consultants Association Assessment of asbestos management in schools 24 Jan 2010

19 Typical Improvement Notices Local Authorities Glasgow CC: You have failed to manage the risks from asbestos In particular the primary schools under the control of Glasgow City Council 18 February 2010 LB Waltham Forest: Lack of asbestos management plans in schools. Inadequate information, instruction and training provided to staff in schools 17 June 2010 Thurrock Council: Some Head Teachers had not received Asbestos Awareness training. Surveys had not been reviewed or updated recommendations had not been acted upon 4 May 2010 LB Brent: Lack of evidence that an effective system is in place to manage the risks from asbestos containing materials in schools. 6 January 2008 HSE ENFORCEMENT NOTICES

20 2011 HSE inspections 164 school visited Outside LA control 80 schools did their own maintenance 41 had no training for maintenance staff 51 had no written management plan 28 had Enforcement action 110 given Advice to improve asbestos management

21 JUAC Survey of 600 members: 80% of safety reps had not had asbestos training, or unaware if they had. 70% of safety reps not consulted on asbestos management 30% unaware if asbestos register existed VOICE Survey of 790 members: 77% had not had asbestos training, or unaware if they had 67% had not been told whether there was asbestos in the building NASUWT survey of 1,923 members 57% did not know if asbestos present in school or not 13% asbestos in bad condition

22 AiS and JUAC Aim: to make schools safe from the dangers of asbestos NUT, ATL, NASUWT, Voice, NAHT, ASCL, GMB, Unison, Unite, UCATT, Hazards MPs, Asbestos Victims Support Forum, ISBA, ATAC, Solicitors, Experts on risk. Work together Common aims. Speak with a common voice Non-Party political

23 Key Proposals in Meeting with Prime Minister 2009 Achieved or Partially Achieved DfE Accept Responsibility. Asbestos in Schools Campaign to be Reinstated. Risk Assessment for Children. Asbestos Guidance Specifically for Schools (Basic Guidance published) Proactive inspections (Only in Non-LA schools)

24 Key Proposals in Meeting with Prime Minister 2009 Not Achieved Audit of the extent, type and condition of asbestos in schools. Audit of the standards of management. Policy of progressive removal. Asbestos removed during BSF and PCP refurbishment Mandatory asbestos training Widespread air sampling. Policy of openness.

25 2011 Schools Capital Review: Significant parts of the school estate were and are in an unacceptable state. The data used by the Department to allocate devolved funding is, on the whole, of poor quality on building condition it is almost non-existent. Recommendation: That the Department gathers all local condition data that currently exists, and implements a central condition data base to manage this information. Review of Education Capital Sebastian James 8 Apr 11

26 Asbestos specifically excluded from audit of school buildings Minister of State for Schools: Property Data Surveys will not include an assessment of asbestos. Written answer 24 th November 2011 DfE: Asbestos cannot be included in the Asset Management System. The view was taken by Ministers that the survey would specifically not look at asbestos within schools. Head of Capital Policy and Delivery 9 th February 2012

27 DISTURBANCE IS CONTINUING RISK PROGRESSIVE REMOVAL SAFEST MOST COST EFFECTIVE (AMA 1985)

28 SOLUTION Australia 2012 Government review Recommendations: Rigorous, comprehensive, reliable, up to date and accessible database of asbestos locations. Prioritised removal of asbestos containing materials from government and commercial buildings by Exposure to children is particularly repugnant. Priority to schools The Australian. Schools first in asbestos removal plan 4 September 2012

29 Public liability asbestos exposure risk insurance In general asbestos risk insurance not available for pupils and non employees Local authorities self insure Academies are responsible for arranging own insurance Normally an academy changes its status not its buildings Academy trust is legally liable for any claim There are 2456 academies in England (1 November 2012)

30 Academy Insurance Minister Parliamentary Answers 2012 There is a general asbestos exclusion for public liability insurance Parliamentary answer Schools: Asbestos 21 Mar 2012 The Secretary of State for Education is not legally responsible for any compensation awarded... nor is he bound by the terms of the funding agreement to compensate an academy for any such liability. Parliamentary answer Schools: Mesothelioma 12 Jun 2012 DfE October 2012 Claims will be dealt with on a case by case basis DfE have been unable to state how any future claims will be met

31 The All-Party Group recommends that: The Government should set a programme for the phased removal of asbestos priority to those schools where the asbestos is the most dangerous or damaged. Standards in asbestos training should be set and the training should be mandatory. DfE and HSE jointly develop asbestos guidance specifically for schools... A policy of openness should be adopted... Pro-active inspections should be reinstated... Data should be collected centrally on the extent, type and condition of asbestos in schools... February 2012

32 2012 All Party Parliamentary Group on Health and Safety: This is a national scandal. Urgent action is needed to prevent more pupils, teachers and other staff being exposed to this deadly killer dust. Jim Sheridan MP February

33 EDUCATION SELECT COMMITTEE 13 March 2013 An evidence session on asbestos in schools. Written evidence at: lect/cmeduc/writev//1056/contents.htm

34 Useful Links, Resources and Information Joint Union Asbestos Committee JUAC consists of the ten teaching and support staff unions in the education sector ( DfE Asbestos Management in Schools Asbestos awareness guidance nagementofpremises/b /asbestosmanagementschools HSE Asbestos Management Checklist for Schools checklist.pdf HSE Asbestos Management Plan Asbestos in Schools The Need for Action 2012 The All Party Parliamentary Group report on Occupational Safety and Health