POLICY AND CODE OF PRACTICE FOR THE MANAGEMENT OF ASBESTOS IN BUILDINGS

Transcription

1 Draft 8 August 2011 KENT COUNTY COUNCIL POLICY AND CODE OF PRACTICE FOR THE MANAGEMENT OF ASBESTOS IN BUILDINGS Issue Date April 2011 Review Date April 2013 Owner Kent County Council Property Group Sessions House County Hall Maidstone Kent ME14 1XQ

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3 CONTENTS Section: Page Policy Statement 1. Introduction 1 2. Background 1 3. Legislative Requirements Vacant Properties 3 5. Duty Holders Survey Information Presumption of Asbestos in Non-Accessed Area Asbestos Survey 6 9. Asbestos risk classification scheme Maintaining and Updating Records Repair and Removal of Asbestos Management and Building Work Conditions and Standards Management of installed asbestos-containing material - Information Management of installed asbestos-containing material - Maintenance Works Management of installed asbestos-containing material - Local Duty Holder Management of installed asbestos-containing material - Emergency Procedures Management of installed asbestos-containing material - Monitoring Condition Management of installed asbestos-containing material - Labelling Provision of Information and Training Revision and Audit 16 Appendix 1 Kent County Council Duty Holders 17 Appendix 2 Property Duty Holders and Table of Key Responsibilities Appendix 3 Examples of Notification Letters Appendix 4 Asbestos Survey Form Appendix 5 Use of Safe Working Permit (Guide) and Safe Working Permit (Form) Appendix 6 Emergency Procedures Flowchart Appendix 7 Asbestos Labelling Appendix 8 Legislation and Guidance Appendix 9 Procedures for Vacant Premises Appendix 10 KCC Survey and Resultant Works Procedure (Flowchart) 45

5 POLICY STATEMENT The Council, in recognition of its duties under the Health and Safety at Work etc Act 1974 and The Control of Asbestos Regulations 2006, towards its tenants, employees, visitors, pupils, customers, contractors and members of the public, undertakes to protect people from exposure to asbestos during works of any nature or arising from the condition of Council premises and to manage all installed ACM s responsibly. The Council will do this by ensuring that an Asbestos Policy is in place which details how asbestos will be managed throughout its property portfolio. SIGNATURE DATED

7 1. INTRODUCTION The asbestos policy was introduced in 2005 and is being revised and updated to take into account implications of the new Survey guide issued by the Health and Safety Executive (HSE) in January This document sets out the policies and procedures that are to be used to manage asbestos in properties where Kent County Council (KCC) has a management responsibility. The document sets out how the Council will carry out its own management duties and will provide assistance to those who are required to play their part in implementing the procedures. 2. BACKGROUND Asbestos is a naturally occurring mineral that has been used in a range of building materials to make them more rigid and fire resistant. Asbestos was extensively used as a building material in the UK from the 1950 s, through to the mid 1980 s. Asbestos fibres can potentially cause lung and other respiratory diseases if inhaled, over long periods of time. Symptoms of disease can remain hidden for long periods, typically around 30 years after exposure. According to the Health and Safety Executive (HSE) asbestos is most commonly found in asbestos cement products, textured coatings, floor tiles textures and composites, sprayed coatings, asbestos insulating board, and lagging. It can also be found in household products such as ironing boards and oven gloves. Although it is now illegal to use asbestos in the construction or refurbishment of any premises, many asbestos containing materials (ACM s) which were used in the past, remain in place. It is reassuring that as long as such materials are in good condition and not disturbed or damaged the risk is contained. They can, however, become a danger to health if damage or disturbance allows fibres to be released into the air where people can breathe them in. As a result the HSE state that all products which are in a stable condition may remain safely in situ or sealed/encapsulated, in situ, if they are properly managed. They may be removed when major refurbishment or demolition is undertaken when the removal may be closely controlled. Asbestos only needs to be removed if it is likely to conflict with works, or if it is considered to pose a greater risk due to the use of a space. 3. LEGISLATIVE REQUIREMENTS The requirements for an asbestos management system are set out in Regulation 4 of the Control of Asbestos Regulations Regulation 4 requires duty holders to assess and manage the risks from asbestos in non-domestic premises. The duty holder is defined in the Regulation as being those that have contractual maintenance or repair responsibilities, or in the absence of a contract or tenancy, those that are in control of the premises. Duty holders must therefore: Take reasonable steps to find materials likely to contain asbestos. Presume materials contain asbestos unless there is strong evidence to suppose they do not. Page 1 of 45

8 Assess the risk of the likelihood of anyone being exposed to asbestos from these materials. Make a written record of the location and condition of the known and presumed ACMs and presumed ACMs and keep it up to date. Assess and monitor the condition of ACMs and presumed ACMs. Repair or remove any material that contains or is presumed to contain asbestos, if necessary, because of the likelihood of disturbance, and its location or condition. Prepare an Asbestos Management Plan to manage that risk and put it into effect to ensure that:- Information on the location and condition of ACM is given to people who may disturb them during work activities. Any material known or presumed to contain asbestos is kept in a good state of repair. Controls are in place to prevent exposure of workers and others. Monitor the condition of the ACM and presumed ACM. Review and monitor the Asbestos Management Plan and the arrangements made to put it in place. Take steps to see that these actions are carried out. The document addresses each of these requirements and sets out the Council s procedures to ensure compliance. Who is the Policy aimed at? This Asbestos Policy is, therefore, aimed at anyone who is responsible for managing and maintaining buildings, or who carries out maintenance and installation work for buildings occupied by Kent County Council, and also is effective for those parties working outside the County Council whose activity has some link to ensure that third parties comply with their duties to protect others. Where there is more than one duty holder, the relative contribution to be made by each such person in complying with the requirements of legislation will be determined by the nature and extent of the maintenance and repair obligation owed by that person. Who is at Risk from Asbestos? All persons, who carry out building maintenance or installation work to KCC owned or leased building(s) might disturb asbestos. This would also apply to persons who cause accidental damage, for instance trolleys banging into wall panels, erecting displays on wall panels. Examples of such people include caretakers, handypersons, teachers, kitchen staff, custodians, porters, Parent Teacher Association members, and smaller local contractors, jobbing builders, decorators, electricians and plumbers etc., in fact, anyone using the building. Page 2 of 45

9 What type of work is included? The policy applies to any type of maintenance or installation work in your premises. Examples include:- Painting and decorating. Minor installations such as wall hooks, shelves, white boards or window blinds. General building and maintenance work. Demolition and alteration work. Installation of electrical, telephone or computer cabling. Installation of boiler room, heating, air-conditioning and plumbing systems In summary, any work which may disturb asbestos containing materials. This policy applies to all buildings owned or occupied by Kent County Council. Where the Council do not own the property, it will establish who is liable for its maintenance. It will also ensure that they have an asbestos management plan in place and all relevant information is passed to the tenants and KCC. In cases where the liability cannot be established, KCC will adopt responsibility for managing the risk from ACM s, so far as they are able to control it. 4. VACANT PROPERTIES KCC s portfolio comprises approximately 1600 buildings and inevitably a number of these are held vacant. Please refer to appendix 9 for full details of how these properties should be managed. 5. DUTY HOLDERS Who is responsible? Some examples of those who are responsible for buildings include, KCC Managers; Head Teachers; Managers in Social Services Registered Residential Care Centres, Respite Care Centres or Day Care Centres; Officers in Charge of Locality Offices; Libraries; Landscape Services Depots, or Youth and Community Centres; and Facilities Managers or Officers in Headquarters or Key Offices, etc. Therefore, if you have an obligation to any extent in relation to the maintenance or repair of non-domestic premises or any means of access to or from such premises then the Policy applies to you, and throughout the rest of the document you will be referred to using the generic term, the Duty holder The duty holder can be any persons who have responsibility to manage asbestos in Council Properties. The Duty Holder is defined in the Regulations as follows:- 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 there from; or In relation to any part of non-domestic premises where there is no such contract or Page 3 of 45

10 tenancy; every person who has, to any extent, control of that part of these nondomestic premises or any means of access thereto or egress there from, And where there is more than one 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. In the properties controlled by Kent County Council the role of duty holder will be shared between centralised Council staff and local management who, for example, control day to day access to the property concerned. The Council has identified the property managers who will act as duty holders for each of the properties. These are listed in Appendix 1. The identified property managers have a duty to ensure that the policies and procedures set out in this document are implemented. The Council s Property Managers will also provide training and information to enable local building managers to perform their duties. The information provided will be in the form of a Docubox. The Docubox is a plastic folder containing all relevant Asbestos Data. This includes but is not limited to:- A responsibility matrix (see appendix 2) The Asbestos Survey Works Log Guidance for building managers, contractors, caretakers etc Emergency Procedure Card Contacts for Asbestos Management Management Procedure Duty to Manage Asbestos Risks Typical Locations of Asbestos House Diagram The responsibility matrix (see Appendix 2 of this document) outlines the duties that must be performed by local management. It is the responsibility of the duty holders to complete the responsibility matrix and identify who is responsible for carrying out the duties identified. 6. SURVEY INFORMATION The Council will provide all premises with a Management Survey (as defined in HSG 264). The survey work will be carried out in accordance with legal requirements and HSE codes of practice, by organisations appointed and approved by the Council. The survey will be a systematic visual inspection of the property and should identify the exact locations of asbestos which has been identified including likely and presumed occurrences. Where material is suspected to contain asbestos representative samples will be taken and these will be analysed by a United Kingdom Accreditation Service (UKAS) accredited laboratory. Page 4 of 45

11 The Council will provide information to occupiers of its premises, giving the precise locations of materials presumed or known to contain asbestos, based on the identified places within a survey. The Council will maintain data on the Enterprise database of all identified ACM s within the buildings it owns or occupies as far as is reasonably practicable. A copy of the survey report will be issued to the property manager to be retained in the Docubox. Please Note These findings and recommendations are only relevant at the time the survey was carried out and for a period of time thereafter. For the most up to date information reference should be made to the docubox at the site. The survey report will identify The areas and items that were inspected Any areas or items that could not be inspected All items confirmed as containing asbestos Items suspected of containing asbestos that were disproven by analysis. The survey will also collect the information necessary for completion of the risk classification scheme. A copy of the form to be used is included as Appendix 4. The survey report must be kept in the Docubox on site by the duty holder of the property. It is important that the Docubox in every KCC building is kept readily accessible to other parties who may need to check the records for ACM s e.g. Fire Service etc. The asbestos survey and the docubox documents are available for inspection only at the location it relates to. If not available please contact the Statutory Compliance Manager on or [email protected]. If any maintenance or refurbishment work is to be carried out which involves disturbance to areas and items that have not been surveyed then additional surveys may be required. This will require a Refurbishment and demolition survey to be carried out which involves a destructive inspection to gain access to areas such as floors, ducts, ceiling voids, riser voids, partition wall voids. This type of survey often results in considerable damage and therefore should only be undertaken after consultation with Property Group. Any additional survey report should be added to the information in the docubox and added to the Enterprise system. It is the responsibility of the duty holder to update the survey information if additional asbestos items are identified or if items are removed. Section 5 of the survey reports should be used to record any changes 7. PRESUMPTION OF ASBESTOS IN NON-ACCESSED AREA The duty to manage requirement of Control of Asbestos Regulations 2006 allows materials to be presumed to contain asbestos. The council will therefore, follow this guidance. There are two levels of presumption ; Page 5 of 45

12 1 Strong Presumption: If the material looks as if it is an ACM, or that it might contain asbestos. This conclusion can be reached through visual inspection alone by an experienced, well-trained surveyor familiar with the range of asbestos products. 2 A default situation where material is presumed to contain asbestos because there is insufficient evidence (e.g. no analysis) to confirm that it is asbestos free. Page 6 of 45

13 The Council will provide within its Management Survey reports information regarding areas and items that have not been accessed and therefore must be presumed to contain asbestos. (These items are currently listed in Section 3.1 of the reports) Work must not be carried out which might disturb materials which are presumed to contain asbestos unless a full risk assessment has been carried out and appropriate actions have been put in place to manage the materials. If it has been identified that a more intrusive survey is carried out (Refurbishment and Demolition) the original survey should be reviewed in order to note the condition of the materials that are to be disturbed. It is the responsibility of duty holders to ensure that the risk assessment is carried out prior to the work commencing. The Council will provide information on the management of areas and items that have not been surveyed. 8. ASBESTOS SURVEY The asbestos survey report is a detailed review of any asbestos containing materials contained within a building or structure. It will contain details of; The type of survey that was carried out Management or Refurbishment and Demolition. Survey findings and recommendations including a site drawing/plan which highlights where the asbestos is within the building or structure. Bulk analysis report (where applicable) this is where samples of materials are taken by the survey to ascertain if it is asbestos. It will provide a description and photographs of any asbestos containing materials found to enable you to monitor the condition. The locations of asbestos containing materials Condition record summary and detailed condition record with condition scores Duty holders section which is to be used to monitor condition and to detail any works that have been undertaken on the asbestos. 9. ASBESTOS RISK CLASSIFICATION SCHEME The Council has developed a risk classification scheme to provide a consistent approach to the management of all identified ACM s. The information required to implement the scheme is collected by the surveyor while they are carrying out the Management Surveys. Various characteristics of each asbestos containing material are allocated a score. The total score (together with the comments of the surveyor) will determine the Risk Classification. Each location or separate buildings on the same site will be scored individually and the results listed in Section 3 of the survey reports. Where testing of samples shows that materials do not contain asbestos the risk score will be zero. However, these will be recorded as part of the survey results for information purposes. Page 7 of 45

14 Details of Scoring System 1. Position This is divided into four levels with ratings to express the relative risk of asbestos fibres being released into the immediate environment and able to be inhaled. Fibres liberated into the open air attract a score of zero to account for the dilution factor. Those in internal unoccupied areas that are enclosed are scored as one. Examples of internal unoccupied areas include lift motor rooms, tank rooms, corridors, landings and common stairways. All internal occupied areas are scored two. Asbestos as part of a ventilation/heating duct where currents of air pass over the surface increase the chances of fibre being released and therefore are given a higher score. 2. Condition Condition is a measure of the physical condition at the time of the survey i.e., cracked, broken or, punctured. Where the potential of fibre release is unlikely then the condition should be scored as good, where the material has some surface damage but has not broken away, the condition should be regarded as fair, and poor where it is damaged with minor breakage. Where significant damage has occurred to the extent that it is broken, shattered or become detached the asbestos is likely to need to be removed and the higher score should promote the correct action in the overall score. 3. Damage Potential This is the key element of the process and designed to reflect the current concerns with regard to operational maintenance (i.e. frequent removal of a service duct panel), likelihood of accidental damage and the potential damage by vandalism. The score for regular routine maintenance escalates the overall score that gives the highest priority. 4. Friability This relates to the ability of the material (ignoring its current condition) to release fibres to the surrounding atmosphere. This is a crucial health issue therefore the score reflects the circumstances that ensure appropriate corrective action. 5. Surface Treatment If asbestos is covered, it poses a less serious risk than if it is not covered at all as the potential for fibre release is reduced. This relates to the effectiveness of the seal over the product. Painted asbestos is effectively sealed (subject to painted coating being in good condition). Asbestos panels covered with paper should be considered as flexible cover to reflect the possible fibre release during removal of the wallpaper in the future. 6. Material The score relating to the product takes into account the asbestos content and the composition of the binding material. Textured coatings e.g. Artex, thermoplastic flooring and vinyl tiles, contain only the traces of asbestos fibre and the binder effectively prevents their release, unless interfered with/damaged. Page 8 of 45

15 7. Score Adjustment This scheme provides, in borderline cases, for surveyors to make judgement, considering all the circumstances and where the situation warrants a more appropriate action. It is intended that every, asbestos containing material within each room or office will be individually scored and recorded on the asbestos survey form. A negative result is also important and must be recorded. This information must also be identified on floor plans. The scheme provides a risk classification only there is no score that will automatically result in some remedial works, however, a score exceeding 18 should usually result in some remedial works to achieve a situation of less than 18. Conversely, there is no safe score that will confer absolute freedom from risks to health. 10. MAINTAINING AND UPDATING RECORDS The Council will maintain data on the Enterprise database of all identified ACM s within the buildings it owns or occupies. A copy of each management survey report will be issued to the property manager to be retained in the Docubox. It is intended that this report should be the asbestos register for the premises and it is therefore essential that it is maintained as an up to date record of all asbestos occurrences. If any additional Refurbishment and Demolition Survey reports are carried out, details of any additional asbestos containing materials located should be added to Section 5 of the Management Survey report. The survey reports must be updated by the duty holder in the property if any remedial work is carried out that changes the asbestos materials that are identified in the survey reports. The Condition Record found at the back of the report, MUST be fully completed at the relevant location by the responsible person carrying out the work and witnessed by the duty holder or their delegate. If the form has been previously updated and therefore no space available, a blank form can be used and should be placed securely within the report. A copy of the amended/new form must be forwarded to the Statutory Compliance Manager for Asbestos, KCC Property Group for their records by the Contractor that carried out the remedial works. The Amendment/Record update sheet is then saved electronically on the Enterprise Database within the Asbestos folder. Re-Surveying The Council will audit the survey records to ensure they are kept up to date. All premises will be re-surveyed every 3 years as part of a rolling programme organised by the Authority. The purpose of re-surveying is to check the condition of previously noted ACM s, to check the accuracy of the survey report and how it is being used and to identify whether there is a need for remedial works to be carried out to ensure that the ACM s meet health and safety requirements. The re-survey will also confirm any new asbestos containing materials which were not logged in the previous survey. Page 9 of 45

16 11. REPAIR AND REMOVAL OF ASBESTOS Property Group will arrange for the removal or encapsulation of ACM s. This will be undertaken when indicated by the Asbestos Register or as part of a planned refurbishment scheme. Only a licensed asbestos removal contractor will carry out removal of asbestos regardless of exemptions. The Council will not carry out any planned work that exposes or is liable to expose any person to asbestos without ensuring an assessment of that exposure has been completed. Where the assessment indicates the likelihood that asbestos will be disturbed, a licensed contractor shall undertake the work regardless of exemptions. Asbestos repair and removal works are commissioned by the Council s property department via a specialist asbestos removal consultant. The work is carried out by retained licensed asbestos removal contractors. REPAIR AND REMOVAL WORKS SHOULD NOT BE COMMISSIONED BY PREMISES/SITE DUTY HOLDERS. All contractors who propose to carry out any work involving the following materials that contain asbestos must be in possession of a licence issued under The Control of Asbestos Regulations 2006: Although legally, some materials are able to be worked on without a licence, Kent County Council require that without exception all work on asbestos is to be conducted by a contractor in possession of a licence this includes; Sprayed coatings Thermal insulation Insulating board Textured coatings Prior to the commencement of any building or maintenance work which involves asbestos insulation and coatings, work with asbestos insulating board or other asbestos-containing material or removal of asbestos from any plant, the licensed contractor shall complete an assessment of likely exposure and a plan of work NOTE: Where the job is in progress, and suspected asbestos is discovered, please refer to Section 15. Management of Installed Asbestos Containing Materials Emergency Procedures on pages 12 and MANAGEMENT AND BUILDING WORK CONDITIONS AND STANDARDS For building or maintenance work which involves working with asbestos insulation and coatings, work with asbestos insulating board or other asbestos-containing material or removal of asbestos from any plant, the assessment and plan of work must be in writing and submitted to the Contract Administrator. Written approval of the assessment and plan of work must be obtained before commencement of any work with asbestos. Generic assessments and plans of work are only acceptable for repetitive tasks carried out in the same manner in similar locations. NB: This is in addition to any statutory notification Page 10 of 45

17 required of the contractor. Such documentation is to be kept in the Docubox at the premises. Where the work method is varied due to a change in specification or an instruction to carry out additional works, an amended assessment and plan of work must be prepared and approved before commencement of any work with asbestos. Small variations to work method (site specific) may be amended by a competent supervisor and communicated to the relevant parties (KCC / Contractor / Consultant / HSE). The Council and every contractor shall aim to prevent the exposure of employees to asbestos. The following measures shall be implemented wherever possible to reduce the risk of exposure to asbestos. A copy of the plan of work and assessment (relating to exposure levels) A copy of licence for work with asbestos, where appropriate A copy of the ASBS notification form, where appropriate A copy of the waiver, where appropriate A copy of the work programme A copy of the current Employers and Public Liability insurance scheme Copies of all relevant medical certificates, where appropriate Copies of all relevant training certificates and face fit certificates Copies of all relevant plant testing certificates A copy of the waste carrier s registration, where appropriate Copies of all consignment notes, where appropriate COSHH assessments for all products in use Risk assessments appropriate for the proposed work Copies of air monitoring certificates and bulk sample analysis, where appropriate All contractors carrying out work with any ACM in any building to which this policy applies, must keep a site log of the activity on the site, including any incidents of procedure, system or plant failure. 13. MANAGEMENT OF INSTALLED ASBESTOS CONTAINING MATERIAL: INFORMATION The Council will provide Duty Holders at each property with information concerning the asbestos containing materials within the property and how they should be managed. Each property will be issued with a Docubox which contains all relevant Asbestos Management Data. This includes but is not limited to:- KCC S Asbestos Policy and Code of Practice Page 11 of 45

18 The latest asbestos Management Survey Any additional surveys Works Log Sheet Guidance for building managers, contractors, caretakers etc Contacts for Asbestos Management Management Procedures Emergency Procedures Card Diagram of Typical Locations of Asbestos Containing Materials Each property manager/duty holder will be responsible for maintaining the Docubox and ensuring that relevant visitors to the property site are made aware of its existence. Section 3 of the survey report details specific actions required to manage each item of asbestos identified and the areas which were not accessed. The local Duty Holders are responsible for ensuring that the actions are carried out and the appropriate records are maintained. Where necessary they should seek assistance from the Council s Duty Holders. 14. MANAGEMENT OF INSTALLED ASBESTOS CONTAINING MATERIAL MAINTENANCE WORKS The Council will not undertake or contract out any planned work to any building without adequate information on the nature, condition and extent of any installed asbestos containing material likely to be disturbed. The Asbestos Survey Data will be consulted in all cases. Works orders shall indicate that this has occurred. If no survey has been carried out and no data is available on any ACM s in the building then it is the duty holder s responsibility to arrange a survey of the work area to ensure the safety of the worker/contractor. Where the assessment indicates the likelihood that asbestos will be disturbed, a licensed contractor shall undertake the work regardless of exemptions. The Council undertakes not to purchase or install any asbestos containing materials or equipment and, where relevant, will require all suppliers to declare that any product they supply is asbestos free. The Council out-sources all of the property maintenance, major refurbishment and newbuild projects to external contractors from the KCC Preferred Contractor Database (formerly known as The Approved and Select Lists of Contractors ) who are directed to view the policy. The database and the policy can be found on the KCC Property Website group/. KCC will periodically carry out quality audit checks to ensure compliance with this Policy. When drawing up specifications for any building and maintenance works, the appointed consultant/premises Manager will take all reasonable precautions to determine whether asbestos is present including consulting the premises record/register. Any information regarding the presence of asbestos shall be passed onto contractors, together with a warning that despite thorough survey inspections not all asbestos material may have been identified. Page 12 of 45

19 15. MANAGEMENT OF INSTALLED ASBESTOS CONTAINING MATERIAL LOCAL DUTY HOLDER Local duty holders must inform all staff (including key holders) and trade union representatives specifically of the existence and location of the Asbestos Docubox as well as the existence of a survey report (where applicable). The full Asbestos Docubox containing the Asbestos Survey date must always be available to the Emergency Services and anyone else who needs to see it. All staff, including trade union safety representatives must also be given details by the Duty holder of any intended work. Contractors carrying out maintenance or installation work involving interference with the building must check the building plan and survey in the Docubox to see where asbestoscontaining materials may be present. They should record this has been done on the works log sheet in the front of the survey report and where appropriate on the job completion certificate. Prior to the commencement of any building or maintenance work, the contractor shall ensure that a suitable and sufficient risk assessment is completed as required by Regulation 3 of the Management of Health and Safety at Work Regulations A person competent to carry out assessments, having received adequate information, instruction and training shall carry out the assessment, without exception. Generic assessments are only acceptable for repetitive tasks carried out in the same manner in similar locations, so long as they reflect the hazards and the risks associated with the activities. Permit to Work/Hot Work Permit After checking the contractors risk assessment the on-site duty holder may wish to implement the permit to work system. This permit will be issued to Contractors: Who specify a need for a permit under the Risk Assessment For all work where specific Risk Assessments are required At the Manager s discretion The Safe Working Permit should be issued by the recognised authorised person(s) and gives permission for a contractor to carry out works on site, and identifies areas where works will take place. Following a general Risk Assessment, specific Risk Assessments are required for the following:- Any work where asbestos is present, or suspected Refer to Safety Net* for further guidelines The Safe Working Permit should be kept and retained with local repair and maintenance records or in a similar appropriate place. Page 13 of 45

20 *Safety Net can be found on KNet or the Kent Trust Web and is available to KCC employees only. A copy of the permit is provided in Appendix MANAGEMENT OF INSTALLED ASBESTOS CONTAINING MATERIAL (ACM s) EMERGENCY PROCEDURES If suspected asbestos is discovered once work has commenced and the material is undamaged, no further work should be undertaken that could cause the deterioration of the material. The Contract Administrator for the Consultant employed to oversee the remedial work must be contacted immediately. If the material is damaged, the area should be evacuated and sealed off to prevent further access. Upon notification of the discovery of the suspected asbestos containing material, the Contract Administrator will contact an approved Asbestos Consultant from the KCC Framework so that samples can be taken and shall liaise, as appropriate, with the Directorate Health and Safety Manager/Adviser. If the material is confirmed as containing asbestos, an assessment by the Asbestos Consultant shall be carried out to determine whether any of the works could create a risk of people being exposed to asbestos. If the assessment indicates that there is no risk of disturbance or the material can be protected against disturbance, the works may continue. If the assessment indicates that exposure is likely, the Asbestos Consultant shall make recommendations as to the appropriate action required. The consultant will notify all relevant authorities. The asbestos register should be updated. In the event of damage to asbestos if any incidents occur whereby asbestos containing materials become damaged the following actions must be taken:- Immediately isolate the area ensuring access is sealed off to all persons. All ventilation equipment must be switched off Report the incident to the Duty Holder named on the Asbestos Survey Report or their deputy The Asbestos Survey Report should be consulted, the report will determine if the materials do contain asbestos. If they do, please follow the actions below:- Contact the Building Maintenance & Minor Works Team on For out of hours incidents contact KCC s Property Services Desk on * Record names and contact details of the incident, file in the Docubox and a copy of all information to [email protected] Ensure any incidents are reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) if required. Health and Safety Managers will assess any situation and ensure reports are made if they meet the requirements of RIDDOR. Page 14 of 45

21 Seek advice from the Building Maintenance & Minor Works team if the building users have any concerns and are considering closing the building or any significant part of the site. Ensure an Air Clearance Certificate has been provided by the asbestos contractor and placed in the Docubox prior to re-occupation of an area or building that was contaminated. Ensure that a Certificate of Re-Occupation has been provided by the asbestos contractor before anyone is allowed to enter the area. The Directorate Health and Safety Manager/Adviser will carry out necessary investigations in association with the retained Asbestos Consultant. Duty Holders must ensure that safety and/or employee representatives are kept informed of incidents and follow-up procedures including the outcome of any sampling/monitoring. Details of the incident will be passed to a licensed asbestos contractor to inspect the damage, assess what works are required and ensure that the correct isolation procedure is in place. A report will then be made to KCC giving recommendations and quotations for resultant works, where appropriate. If required, works will be programmed in or directly undertaken, subject to statutory notice periods and approval from the Health and Safety Executive. If an incident has been recorded where an uncontrolled release of asbestos at a concentration that exceeds the appropriate control limits, Kent County Council will keep a log of all relevant information and documentation. Any incident that affects an employee will be retained on their personal records for 40 years using the most recent Accident/Incident Report Form HS157. The stages of this procedure are summarised in Appendix MANAGEMENT OF INSTALLED ASBESTOS CONTAINING MATERIAL (ACM s) MONITORING CONDITION Property Duty Holders must monitor the condition of any asbestos containing materials on site. The results of the monitoring should be recorded on the Condition Record Summary which is part of the survey report. The frequency of the inspections will depend on the risk assessment. The table below outlines how often inspections should be carried out on ACM s according to the score they have been given:- RISK RATING SCORE INSPECTION FREQUENCY 19 Points and over Once per three months or on reported damage Annually or on reported damage Three yearly or on reported damage 9 points and below On maintenance works only Page 15 of 45

22 Removal of ACM s will be undertaken when indicated by the Asbestos Risk Classification Scheme or as part of a planned refurbishment scheme. Only a licensed asbestos removal contractor will carry out removal of asbestos regardless of exemptions. 18. MANAGEMENT OF INSTALLED ASBESTOS CONTAINING MATERIALS LABELLING The position of warning signs and labels on ACM s is beneficial in decreasing the chance of inadvertent damage and exposure. However, labelling may not always be considered appropriate in certain environments and is only an additional precaution and is not the sole method of indicating presence of asbestos. The asbestos report and docubox should always be referred to as the primary source of information without exception. Therefore, in discrete or high risk areas e.g. loft spaces, boiler houses, equipment stores/rooms, asbestos labels should always be used (see Appendix 7) Where parties believe labelling could cause alarm, e.g. in common or public areas or buildings, a decision may be taken not to label items. If this is so, the manager of the site must ensure that all staff are aware of: The presence of ACM s The procedure for responding to changes in condition, or damage to such materials The records containing such information that must be made available to those involved in maintenance or building works i.e. asbestos register and Measures to prevent unauthorised or uncontrolled interference. REMEMBER: If you decide not to label in common areas it is vital that other measures to manage asbestos and protect people are reliable and consistently applied. 19. PROVISION OF INFORMATION AND TRAINING The Council will provide guidance and awareness training for all employees who are involved in the management and maintenance of council property or who may potentially come into contact with asbestos during the course of their employment. The level of training for these staff will be determined and funded within services. All local Duty Holders will ensure that those with responsibility for managing asbestos risks on site are adequately trained so that they appreciate their responsibilities and carry out the actions described in the policy. All contractors undertaking any form of work construction/repair/electrical/plumbing etc., will be required to show evidence of similar guidance and training of their staff who may be similarly exposed. KCC s Learning & Development department run two types of training courses for asbestos: Basic Awareness & Advanced Training. For information and guidance regarding asbestos and current regulations please visit the HSE s website: Page 16 of 45

23 Corporate Services and the Corporate H&S Manager will periodically consult the Trade Union representatives on the progress of the asbestos survey programme, its findings and resultant actions. 20. REVISION AND AUDIT This policy will be kept under review, there will be an overview meeting at the Asbestos Management Monitoring Group in which the policy may be updated, it may also be amended when there is any significant change in legislation or best practice. All generic assessments and plans of work produced by contractors must be reviewed at intervals of not more than two years and in any case following changes in legislation or best trade practice. All such assessments and plans of work must be checked and modified to ensure that they are job/project specific. The Property Group will report any serious breaches to the appropriate Health and Safety Manager, who will monitor compliance with the policy. All other cases will be reported to Directorate Management Teams. All employees who are involved in the management of premises or the management of building and maintenance works shall monitor compliance with this policy within their area of responsibility. Page 17 of 45

24 APPENDIX 1 KENT COUNTY COUNCIL DUTY HOLDERS/KEY CONTACTS CMY Health and Safety Matters: Quality Standards & Safety Manager Flavio Walker Property Matters: Asset Development Manager Anne Fido CFE Health and Safety Matters: Health and Safety Manager Sally Anne Clark Property Matters: Penny Rome Mid Kent Robin Colyer West Kent Sue Barlow East Kent EHW Health and Safety Matters: Quality Standards & Safety Manager Flavio Walker Health and Safety Adviser Alan Maitland Property Matters Resources Officer Fay Gooch CED Health and Safety Matters: Health and Safety Manager Richard Hogben Property Matters County Offices Project Officer Jan Conelly KASS Health & Safety Matters: Health and Safety Manager Carol Cassin Health and Safety Adviser Tony Carty Health and Safety Adviser Carol Shepherd Health and Safety Adviser Mark Dutton Property Matters for KASS Property Officer Paul Jenkins Policy Queries & Operational/Reports/ Works Enquiries Building Maintenance and Minor Works Manager Terry Whitlock [email protected] Statutory Compliance Manager Property Group Strategy And Policy Helen Bale Corporate Health and Safety Manager Page 18 of 45

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26 APPENDIX 2 PROPERTY DUTY HOLDERS RESPONSIBILITIES OF KEY PERSONS WITHIN THE PROPERTY Property Name: Address: Contact: Asbestos Management Organisation NAME PHONE Headteacher Deputy Head Bursar School Safety Coordinator/ Union Rep Nominated Asbestos Manager Premises Manager Project Manager 1 Project Manager 2 Page 20 of 45

27 Asbestos Management Table of Key Responsibilities Relevant boxes should be ticked by the property manager to illustrate who is responsible for the various asbestos management duties. Where two or more individuals share responsibilities, the individual with the primary role must also be noted. Responsibilities Head Deputy Head Maintaining and Updating asbestos Docubox Nominated Asbestos Manager Bursar/ Other Premises Manager Safety and Trade Union Reps Reviewing Survey Reports Re-inspections and ongoing monitoring of ACMs Maintaining asbestos register Management of contractors (including provision of information, permit to work, emergency procedure, etc) Instruction & Training for staff, hirers, contractors and visitors Management of asbestos works Provision of information to Kent CC Other Please note: School management may wish to nominate a staff member to take on some of the asbestos management system responsibilities. This can be done as long as those individuals are competent to do so and have been provided with the appropriate training. Please note: Legal responsibility cannot be delegated. Page 21 of 45

28 APPENDIX 3 - EXAMPLES OF NOTIFICATION LETTERS LETTER 1 NO ASBESTOS Headteacher PROPERTY GROUP Sessions House County Hall Maidstone Kent ME14 1XQ Tel: Fax: (01622) Direct Dial/Ext: (01622) Ask For: address: [email protected] Our Ref: Asbestos Date: Dear Sir/Madam Re: Asbestos Survey You may recall that a surveyor carried out a survey of your building to check for the presence of asbestos. We are pleased to advise you that, based on our inspection, no asbestos was found. Please examine the plans that are located at the rear of the report to ensure that all buildings on your site have been surveyed. If you feel that there are any discrepancies, please contact your Contracts Manager, Property Group, Kent County Council. This letter, along with the report and any other related papers should be kept with the Asbestos Register in a safe place and all staff should be notified of its content and location. May we respectfully confirm that the Management Survey is non-intrusive and for any proposed maintenance or refurbishment works of an intrusive nature, a site specific Refurbishment and Demolition Survey will be required in order to detect any other possible concealed forms of asbestos. If you would like further information if you have any concerns, please feel free to contact this office. Yours faithfully Terry Whitlock Manager, Maintenance and Minor Works Development Page 22 of 45

30 LETTER 2 ASBESTOS PRESENT/NO ACTION Duty Holder PROPERTY GROUP Sessions House County Hall Maidstone Kent ME14 1XQ Tel: Fax: (01622) Direct Dial/Ext: (01622) Ask For: address: [email protected] Our Ref: Asbestos Date: Dear Sir/Madam Re: Asbestos Survey You may recall that a surveyor carried out a survey of your building to check for the presence of asbestos. Asbestos was located within your property and the location(s) of the asbestos are enclosed. PLEASE REMEMBER Asbestos is not a health hazard if it is in maintained good condition, sealed and left alone. Most asbestos materials pose no risk to building occupiers/users. There is only a risk when asbestos is disturbed and fibres become airborne. Asbestos which is effectively painted or covered will not produce airborne fibres and therefore poses no risk. You are advised to follow these simple steps: 1. Do not sand down, scrape, drill into, hammer, damage or disturb in any way anything that is believed to be made from asbestos. 2. If anything believed to be asbestos is damaged in any way, please contact your Area Contract Manager, Property Group, Kent County Council; for example, if the material is broken, cracked or crumbling. 3. If you would like further information or you have any concerns, please feel free to contact your Contract Manager. Please examine the plans within the report to ensure that all buildings on your site have been surveyed. If you feel that there are any discrepancies, please [email protected]. Page 24 of 45

31 This letter, along with the report and any other related papers should be kept in the Docubox with the Asbestos Register in a safe place and all staff should be notified of its content and location. May we remind you that for any proposed maintenance or refurbishment works of an intrusive nature, a site specific a Refurbishment and Demolition Survey will be required in order to detect any other possible concealed forms of asbestos. If work is undertaken that will disturb or remove the asbestos you have a duty to inform my office so that the centrally held Asbestos Register is updated. Yours faithfully Terry Whitlock Manager, Maintenance and Minor Works Development Page 25 of 45

32 LETTER 3 ASBESTOS PRESENT/RESULTING WORK Duty Holder PROPERTY GROUP Sessions House County Hall Maidstone Kent ME14 1XQ Tel: Fax: (01622) Direct Dial/Ext: (01622) Ask For: address: [email protected] Our Ref: Asbestos Date: Dear Sir/Madam Re: Asbestos Survey A surveyor recently carried out a survey of your building to check for the presence of asbestos. Asbestos was located within your property and the location(s) of the asbestos are enclosed. Your area building consultant has been instructed to arrange for the work to be carried out (a copy of the commission form is attached) as a result of the findings of the enclosed survey. Your area asbestos framework contractor will contact you in due course to arrange for the work to be undertaken. PLEASE REMEMBER Asbestos is not a health hazard if it is in maintained good condition, sealed and left alone. Most asbestos materials pose no risk to building occupiers/users. There is only a risk when asbestos is disturbed and fibres become airborne. Asbestos which is effectively painted or covered will not produce airborne fibres and therefore poses no risk. You are advised to follow these simple steps: 1. Do not sand down, scrape, drill into, hammer, damage or disturb in any way anything that is believed to be made from asbestos. If you are decorating, paint or paper over without sanding or scraping. 2. If anything believed to be asbestos is damaged in any way, please contact the Council by contacting your Contract Manager, Property Group, Kent County Council; for example, if the material is broken, cracked or crumbling. 3. If you would like further information or you have any concerns, please feel free to contact your Contract Manager. Page 26 of 45

33 Please examine the plans within the report to ensure that all buildings on your site have been surveyed. If you feel that there are any discrepancies, please This letter, along with the report and any other related papers should be kept in the Docubox with the Asbestos Register in a safe place and all staff should be notified of its content and location. May we remind you that for any proposed maintenance or refurbishment works of an intrusive nature, a site specific a Refurbishment and Demolition Survey will be required in order to detect any other possible concealed forms of asbestos. If any other work is undertaken that will disturb or remove the asbestos you have a duty to inform my office so that the centrally held Asbestos Register is updated. Yours faithfully Terry Whitlock Manager, Maintenance and Minor Works Development CC: Area Consultant Page 27 of 45

34 LETTER 4 (FOR USE ONLY WHEN AIDED SCHOOL HAVE RESULTING WORK) Duty Holder PROPERTY GROUP Sessions House County Hall Maidstone Kent ME14 1XQ Tel: Fax: (01622) Direct Dial/Ext: (01622) Ask For: Hayley Burrows address: [email protected] Our Ref: Asbestos Date: Dear Sir/Madam Re: Asbestos Survey A surveyor recently carried out a survey of your building to check for the presence of asbestos. Asbestos was located within your property and the location(s) of the asbestos are enclosed. The Asbestos Survey Report has identified some areas that pose as a high risk and as a result of these findings work must be carried out. Voluntary Aided Schools are responsible for organising and funding their own works. We advise you contact a licensed asbestos contractor of your choice to arrange for the resulting works to be carried out as soon as possible. Once the works have been carried out, it is your responsibility to advise the Diocese by way of confirmation. PLEASE REMEMBER Asbestos is not a health hazard if it is in maintained good condition, sealed and left alone. Most asbestos materials pose no risk to building occupiers/users. There is only a risk when asbestos is disturbed and fibres become airborne. Asbestos which is effectively painted or covered will not produce airborne fibres and therefore poses no risk. You are advised to follow these simple steps: You are advised to follow these simple steps: 1. Do not sand down, scrape, drill into, hammer, damage or disturb in any way anything that is believed to be made from asbestos. If you are decorating, paint or paper over without sanding or scraping. 2. If anything believed to be asbestos is damaged in any way, please contact the Council by telephoning the KCC Contact Centre on or you may write to the Page 28 of 45

35 Statutory Compliance Manager, Property Group, Room 1.44, Sessions House, County Hall, Maidstone, ME14 1XQ; for example if the material is broken, cracked or crumbling. 3. If you would like further information or you have any concerns, please feel free to contact the Statutory Compliance Manager on Please examine the plans within the report to ensure that all buildings on your site have been surveyed. If you feel that there are any discrepancies, please This letter, along with the report and any other related papers should be kept in the Docubox with the Asbestos Register in a safe place and all staff should be notified of its content and location. May we remind you that for any proposed maintenance or refurbishment works of an intrusive nature, a site specific a Refurbishment and Demolition Survey will be required in order to detect any other possible concealed forms of asbestos. Yours faithfully Terry Whitlock Manager, Maintenance and Minor Works Development Page 29 of 45

36 LETTER 5 TO DIOCESE Dear Sirs Re: Asbestos Survey Report Please be aware that KCC have recently organised an asbestos Management Survey to be carried out at (Name of Voluntary Aided School) As a result of the Survey some asbestos materials categorised as high risk and remedial works must be carried out as soon as possible. A hard copy of the Asbestos Survey Report has been sent to the School and Medway Insulations Ltd outlined with the school the identified works and confirmed the school s responsibility to have the works completed. Please find attached a copy of the Asbestos Survey Report sent to the School for your information. May I advise you that any works identified as a high risk due to condition/type/location of material in the Survey must be undertaken. Please ensure that all identified works are carried out by a Licensed Asbestos Contractor. Please note: the School have been asked to advise you once the works have been completed. Thank you for your assistance in this matter. Kind Regards Statutory Compliance Manager Page 30 of 45

38 APPENDIX 4 ASBESTOS SURVEY FORM Property: Floor: Inspection Ref: Room No: Block Name: Routine Survey Compliant Query Location and Material: Presumed or Strongly Presumed Value Score POSITION External 0 Internal (stairs, corridors, lift shafts, lofts etc) 1 Internal (occupied) 2 Internal forced ventilation over unsealed asbestos 4 CONDITION Good (Unblemished, not cut, drilled or machined) 0 Fair (Indented or Cracked but not broken away) 2 Poor (small part of edge or corner missing) 4 Bad (significant damage/plant or material detached from wall) 6 DAMAGE Difficult to touch, vandalise, or hit with ball etc. 0 POTENTIAL No regular maintenance implications Some effort needed to reach, chair or ladder etc., needed. 1 No regular maintenance implications Within normal reach of people using the building 4 (e.g. distance = to standard door height from nearest standing position) Will be encountered in maintenance or by position has high 5 potential to vandal damage Likely to be disturbed or damaged in routine maintenance. 10 FRIABILITY Low (e.g. asbestos, cement, vinyl gaskets) 1 Medium (e.g. insulation board) 2 High (e.g. sprayed insulation, pipe insulation, woven materials) 5 SURFACE Behind rigid cover or structure 0 TREATMENT Sealed with undamaged sealant or flexible cover 2 Untreated or with damaged seal or cover 4 PRODUCT Reinforced plastic products / Textured coatings / Thermoplastic 0 flooring Asbestos Cement 1 Lagging / Fibrous gasket / AIB 4 Sprayed Coatings 6 Total Score Comments / Reasons for score adjustment / further action (sampling / referral) Score adjustment by surveyor. Page 32 of 45

39 Date Inspected: Name of Officer: Signature: Decision Sample ID and Result Signature: Name: Date: Action completed (date) Risk Category - Suggested Action High: 19 points + Arrange for immediate action to reduce to medium category or remove Medium: points Arrange for sealing or encapsulation Low: 12 points and less No action needed but check condition and assessment Page 33 of 45

40 APPENDIX 5 SAFE WORKING PERMIT Control of Contractors - Guide to Using the Safe Working Permit Use of the Safe Working Permit This permit will be issued for Contractors: a) employed by yourself, b) who specify a need for a permit under their Risk Assessment, c) for all work where specific Risk Assessments are required (see below), d) at the Manager s discretion. The Safe Working Permit should be issued by the recognised authorised person(s) and gives permission for a contractor to carry out works on site, and identifies areas where works will take place. Following a general Risk Assessment, specific Risk Assessments are required for the following: Any work where asbestos is present, or suspected. Hot work, e.g. soldering, grinding, use of open flame. Roof working and working at height. Confined spaces. Breaking into pipes, e.g. service pipes. Excavation. High voltage (work on equipment or presence of nearby cables). Lift maintenance. Gas work. Refer to Safety Net* for further guidelines The Safe Working Permit should be kept and retained with local repair and maintenance records or in a similar appropriate place. * Safety Net can be found on KNet or Kent Trust Web and is available to KCC employees only Page 34 of 45

42 SAFE WORKING PERMIT (Form) 1. Issue I. (Block Capitals) being the officer in charge / duty holder, issue this Permit to: Company:..... Name of contractor in charge of the work is (Block Capitals) Supplementary labourers / sub contractors are: Name of Person Name of Company Kent County Council Control of Contractors Safe Working Permit Has the contractor s risk assessment been conducted? Has a premises risk assessment been conducted? Has a copy of safety rules been provided to the contractor? Has the contractor seen and signed the asbestos register? Yes No *If the answer to any of the above is no then work should not proceed and you should consult the Property Group for further advice. NOTE: A separate specific risk assessment is required for any work involving: Asbestos Hot working Roof working and working from height Confined spaces Breaking into pipes Excavation/ digging High voltage (seek specialist advice) Lift maintenance work Gas work 2. Receipt I. (Block Capitals) being the contractor agree the contents of this permit and accept responsibility for carrying out the work as detailed and will only allow those named to work accordingly. 3. Clearance I DECLARE THAT THE WORK FOR WHICH THIS Permit was issued is now *Suspended / Completed (delete as required) that all persons have been withdrawn from the above work, that all gear, tools and materials have been removed and the area left in a safe condition. Signed:... (from person named in 2 ) Date: Time:.. *Reason:. Location and details of work to be carried out:.... This Permit is valid: From: Date:. Time:. Until: Date:. Time:. (not exceeding 5 days) Signed: Date:. Time:.. 4. Cancellation The Contractor s Safe Working Permit and any associated permits are hereby cancelled. Signed: (Being an authorised person or their representative to cancel a Contractor Safe Working Permit ) Form to be retained by originator. NO WORK SHOULD BE UNDERTAKEN UNLESS SECTIONS 1 AND 2 ARE COMPLETED Page 36 of 45

44 APPENDIX 6 EMERGENCY PROCEDURES FLOWCHART Discovery, damage or disturbance of suspected asbestos based material. Evacuate area if suspected asbestos is damaged or disturbed. Report facts to local manager or deputy. Confirmed as non asbestos. Local manager or deputy will refer to premises records/register. No records or confirmation that product contains asbestos. REOCCUPY AREA. No asbestos present. Local manager contacts Asbestos Consultant to investigate and take samples. HSE to be contacted for permission to carry out works by Consultant/Contractor/KCC. If emergency work is required to make the area safe, contact approved Asbestos Removal Contractor. Presence of asbestos confirmed and risk assessment carried out by competent person. Risk assessment indicates asbestos can be left as found. Risk assessment indicates asbestos requires removal and cannot be left as found. Risk assessment indicates asbestos requires sealing. Asbestos left in place. presence recorded and management programme implemented. REOCCUPY AREA. Consultant prepares specification for removal works. Contractor selected. Contractor prepares plan of work for asbestos removal. Consultant prepares specification for encapsulation works. Asbestos is sealed, presence recorded and management programme implemented. CA agrees plan of work. Asbestos removal works carried out. Clearance given by retained analyst. Certificate of Reoccupation REOCCUPY AREA Page 38 of 45

46 APPENDIX 7 ASBESTOS LABELLING Extract from control of Asbestos Regulations 2006: Schedule 2: The labelling of raw asbestos, asbestos waste and products containing asbestos Regulations 13(4), 232) and (3) and Subject to sub-paragraphs (2) and (3) of this paragraph, the label to be used on:- (a) raw asbestos (together with the labelling required under the Chemical (Hazard Information and Packaging for Supply) Regulations 2002 and the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (b) asbestos waste, when required to be so labelled by regulation 23(3); and (c) products containing asbestos, including used protective clothing to which Regulation 2 applies, shall be in the form and in the colours of the following diagram and shall comply with the specifications set out in paragraphs 2 and In the case of a product containing Crocidolite, the words contains asbestos shown in the diagram shall be replaced by the words contains Crocidolite / blue asbestos. H 50 mm H 29 mm 30 mm a WARNING CONTAINS ASBESTOS Breathing asbestos dust is dangerous to health Follow safety instructions 25 mm White a on black background Standard wording in white and/or black on a red background 3. Where the label is printed directly onto a product, a single colour contrasting with the background colour may be used. (a) The dimensions in millimetres of the label referred to in paragraph 1(1) shall be those shown on the diagram in that paragraph, except that larger measurements may be used, but in that case the dimension indicated on the diagram shall be 40% of the dimension indicated as H. (b) The label shall be clearly and indelibly printed so that the words in the lower half of the label can be easily read, and those words shall be printed in black or white. Page 40 of 45

47 4. Where a product containing asbestos may undergo processing or finishing it shall bear a label containing safety instructions appropriate to the particular product and in particular the following instructions:- Operate if possible out of doors or in a well ventilated place, Preferably use hand tools or low speed tools equipped, if necessary, with an appropriate dual extraction facility. If high speed tools are used, they should always be so equipped, If possible, dampen before cutting or drilling and, Dampen dust, place it in a properly closed receptacle and dispose of it safely. 5. Labelling of packaged and unpackaged products containing asbestos in accordance with the foregoing paragraphs shall be effected by means of:- (a) an adhesive label firmly affixed to the product or its packaging, as the case may be; or (b) a tie-on label firmly affixed to the product or its packaging, as the case may be; or (c) direct printing onto the product or its packaging, as the case may be. 6. Where, in the case of an unpackaged product containing asbestos, it is not reasonably practicable to comply with the provisions of sub-paragraph (1) the label shall be printed on a suitable sheet accompanying the product. 7. Labelling of raw asbestos and asbestos waste shall be effected in accordance with sub-paragraph (1) (a) or (c). 8. For the purposes of this Schedule, but subject to sub-paragraph (5), a product supplied in loose plastic or other similar wrapping (including plastic and paper bags) but no other packaging shall be treated as being supplied in a package whether the product is placed in such wrapping at the time of its supply or was already so wrapped previously. 9. No wrapping in which a product is placed at the time of its supply shall be regarded as packaging if any product contained in it labelled in accordance with the requirements of this Schedule or any other packaging in which that product is contained is so labelled. Page 41 of 45

48 APPENDIX 8 LEGISLATION AND GUIDANCE Legislation The Control of Asbestos Regulations 2006 came into force on 13 November These Regulations brought together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing. This, and all other health and safety Regulations and Approved Code of Practice are linked to the UK s overarching health and safety legislation the Health and Safety at Work etc. Act 1974 which, in general terms, requires employers to ensure the health, safety and welfare of their employees and anyone not employed by them, but whom might be affected by the work, including the work processes and workplaces etc. The selfemployed have similar duties (to themselves, and others affected by their work). The Management of Health and Safety at Work Regulations 1999 require, amongst other things, that employers undertake suitable and sufficient risk assessments, to identify risks to health and safety, and to use preventative measures that eliminate or control the risks to an acceptable level. The Regulations also require employers to integrate the management of health and safety into their normal management processes. Part of the role of the 1974 Act is to set the framework for responsibilities and health and safety issues which are dealt with in any other, more specific, regulations e.g. the Management of Health and Safety at Work Regulations 1999 etc. Therefore, in line with the Control of Asbestos Regulations, KCC has a duty to properly manage Asbestosrelated hazards and risks, using the Regulations and well developed good practice and guidance. Please note that the list that follows is not exhaustive. Regulations Health and Safety at Work etc Act 1974 Control of Asbestos Regulations 2006 The Management of Health and Safety at Work Regulations 1999 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) The Personal Protective Equipment at Work Regulations 1992 The Workplace (Health, Safety and Welfare) Regulations 1992 The Hazardous Waste Regulations 2005 The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 The Construction (Design & Management) Regulations 2007 The Environmental Protection Act 1990The Work at Height Regulations 2005 HSE Approved Code of Practice L127 L143 The Management of Asbestos in non-domestic premises Work with Materials Containing Asbestos Page 42 of 45

49 Health and Safety Guidance Series (HSGS) HSG213 Introduction to asbestos essentials HSG247 Asbestos: The Licensed Contactors Guide 2006 HSG248 HSG227 Asbestos: The Analysis Guide for Sampling, Analysis and Clearance Procedures A comprehensive guide to managing asbestos in premises See also Other Publications ARCA INDG223 INDG288 INDG289 Guidance Notes and TICA Guidance Notes A short guide to managing asbestos in premises Selection of respiratory protective equipment for work with Asbestos Health and Safety Executive Working with asbestos in buildings Page 43 of 45

50 APPENDIX 9 PROCEDURES FOR VACANT PREMISES Context 1. KCC s portfolio comprises approximately 1600 buildings and inevitably a number of these are held vacant. 2. A number of these vacant buildings are managed by Property Group. 3. Management of a building includes undertaking regular inspections and ensuring the building remains safe and secure until it is reoccupied or disposed of. 4. The management function is undertaken by staff who have had asbestos awareness training and refreshers at periodic intervals. The Issues 1. When a building is brought under vacant building management, the asbestos issue is occasionally unknown. 2. Vacant buildings whilst regularly inspected are left empty for the majority of the time and are vulnerable to unauthorised entry, vandalism, deterioration and other such issues. There is a greater than normal risk that asbestos can deteriorate or become broken or damaged. 3. It is often the case that leaving an operational asbestos register in the building is not practical. 4. Some people, particularly emergency contractors or personnel and unauthorised entrants, will not be aware of the presence of asbestos. 5. If works are undertaken there is a risk that the asbestos register is not revised by the contractor possibly making the document inaccurate. 6. There is a risk that visitors to the property do not read the register or are not aware of asbestos in the building. At Risk 1. Vacant buildings manager. 2. Property management staff. 3. Consultants and contractors who are working on the building. 4. Emergency call out contractors and emergency services personnel. 5. Other people authorised by KCC to enter the premises. 6. Trespassers and other unauthorised entrants into the property. Page 44 of 45

51 Risk Control 1. Officers dealing with vacant management in Property Group are asbestos aware and attend refreshers as required as are all property group staff who are likely to make visits to these buildings. 2. In the event that deteriorated or damaged asbestos is come across by an officer, the procedure is to immediately leave the building and secure it if possible and organise for an asbestos contractor to attend the site to investigate the extent of the problem and take appropriate action to control any risk identified. The officer must also report the incident to his / her line manager and the incident recorded as appropriate. 3. All consultants and contractors employed by KCC on vacant buildings are required to comply with all health and safety regulations. 4. Before a building is taken into the vacant properties portfolio the asbestos register is acquired and reviewed by the vacant buildings manager and an inspection made to ensure that it remains representative of the asbestos in the building. Where it is not or there are concerns that the situation has changed, a new asbestos survey is commissioned and any resultant risks identified are controlled. 5. Notices are affixed externally and internally at entrance points indicating the presence of asbestos and that before entering visitors should review the asbestos register and note where the asbestos is within the building. 6. Where practical, any asbestos in situ is identified with a sticker. 7. The asbestos register will normally be kept at the premises except in cases where it is not practical do so. In such cases the register is retained on file and given to a contractor to read etc. 8. Any visitor not familiar with the vacant building will be accompanied by the vacant building manager or other staff authorised to induct them in to the building where any asbestos risk will be briefed. 9. Contractors who carry out work to the property must update the asbestos register and the vacant building manager will check this. 10. Vacant buildings are secured as far as practical to exclude unauthorised entry. Page 45 of 45

52 APPENDIX 10 KCC SURVEY AND RESULTANT WORKS PROCEDURE ORDER SENT TO CONTRACTOR CONTRACTOR TELEPHONES SITE TO MAKE AN APPOINTMENT CONTRACTOR MEETS WITH RESPONSIBLE MANAGER TO DISCUSS THE SERVICES THAT ARE BEING RUN FROM THE SITE TO ENSURE THE SURVEY IS CARRIED OUT APPROPRIATLEY TAKING ANY SPECIFIC ISSUES INTO ACCOUNT SURVEY CARRIED OUT CONTRACTOR SENDS COMPLETED SURVEY TO KCC (WITHIN 1 WEEK OF COMPLETION) KCC TO CHECK THE SURVEY AND SIGN (WITHIN 2 WEEKS) SHOULD ANY REMEDIAL WORKS BE REQUIRED A COMMISSION WILL BE RAISED BY THE KCC ASBESTOS MANAGER CONTRACTOR COLLECTS AND DELIVERS SURVEY TO SITE AND BRIEFS DUTY HOLDER ON THEIR RESPONSIBILITIES REGARDING THE SURVEY (WITHIN 1 WEEK) Page 46 of 45

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