Control of Asbestos Regulations 2012 & Surveys Leslyn McKenzie, CCP (Asbestos) Senior Consultant and Training Glasgow

Redhills – Asbestos and Environmental Consultants We at Redhills provide peace of mind through our Specialist Environmental Support Services, We deliver asbestos and environmental consulting, training and compliance monitoring. Which means that our Clients know their interests are always protected.

Module 1: Introduction and Overview Aims & Objectives Brief overview stating the current legislation and guidance that relates to asbestos surveys. To give information on some of the challenges that are repetitively faced by Asbestos Surveyors and Asbestos Project Managers when planning and undertaking: Management Asbestos Surveys Refurbishment and Demolition Asbestos Surveys Module 1: Introduction and Overview 4

Health and Safety at Work etc Act 1974 Management of Health and Safety At Work Regulation 1999 L73 Reporting Accident and Incidents at Work (RIDDOR 2013) L143 Managing and Working with Asbestos (CAR 2012) L153 Construction (Design and Management) Regulation 2015 HSG210 Asbestos essentials (task manual) HSG264 Asbestos: The survey guide HSG247 Asbestos: The licensed contractors’ guide HSG248 Asbestos: The analysts’ guide for sampling, analysis and clearance procedures

CAR 2012 Terms “non-friable” and “without deterioration of non-degraded asbestos materials held firmly in a matrix” explained and expanded upon. From 2 to 3 categories of work with asbestos: Licensable, NNLW, NLW. NNLW now require Notification to enforcing authority, Medical required every 3 years after 30th April 2015 and Health records documented for 40 years. Details of what constitutes NNLW and NLW has been provided. Details of the training needs have been updated to give more information on the requirements. 18/09/2018

Notifiable Non-Licensed Work CAR 2012 Categories of work (Summary) Requirement Licensed Notifiable Non-Licensed Work (NNLW) Non licensed Work (NLW) Licensed Contractor Yes No Notification Yes (14 day) Yes (Before work) Medical Surveillance (2 yearly) (Before 30/04/15) (3 yearly) Health Records Compliance with CAR 2012 YES Adequate Insurance Competent workforce (Training)

CAR 2012 HSE guidance, http://www.hse.gov.uk/asbestos/licensing/asbestos-work-categories.pdf

CAR 2012 CAR 2012 is supported by one ACoP, published in 2013: ACoP L143 – Managing and working with asbestos. ACoP L143 – Work with materials containing asbestos ACoP L127 - The management of asbestos in non-domestic premises + = www.redhills.co.uk 18/09/2018

CAR 2012 Guidance for: Employers about work which disturbs, or is likely to disturb, asbestos, asbestos sampling and laboratory analysis. Owners and / or those with specific duties to manage asbestos in non-domestic premises. www.redhills.co.uk 18/09/2018

CAR 2012 R4 Duty to manage asbestos in non- domestic premises R5 Identification of the presence of asbestos R6 Assessment of work which exposes employees to asbestos. R10 Information, instruction and Training

CAR 2012 Identify Assess Survey Asbestos Containing Materials Non Risk Remove Manage Management Plan and Training Licensed Asbestos Removal Contractor Analyst Register Ongoing Re-inspection Waste Disposal Visual representation of requirements for R4 Manage 18/09/2018

Module 1: Introduction and Overview HSG 264 Guidance document produced by the HSE Aimed at surveyors and clients/duty holders Came into force 29th January 2010 Replaced and expands on MDHS 100 Module 1: Introduction and Overview 17

HSG 264 - Asbestos Survey Definitions Management Survey - Purpose: to locate, so far as is reasonably practicable (SFAIRP) the ACMs that could be damaged or disturbed during normal occupancy including foreseeable routine maintenance and installation work, and assess their condition. Refurbishment and Demolition Survey - Purpose: to locate, SFAIRP, all ACMs within the area involved in the refurbishment or demolition. These types of survey are fully intrusive and involve destructive inspection.

HSG 264 - Asbestos Survey Challenges The main challenges faced by asbestos surveyors can be considered as falling into three main stages / categories: Survey planning, HSG 264 Chapter 4 Carrying out the survey, HSG 264 Chapter 5 Post survey variations to scope. Some of the stages / categories are more involved depending upon the type of survey i.e. agreeing the scope of a management survey is usually more straightforward than R & D surveys. Module 1: Introduction and Overview 20

Module 1: Introduction and Overview HSG 264 - Survey Planning Lack of information provided at the point of enquiry. In order to provide a quotation and prepare a Survey Plan the following information will be needed (as a minimum): Site plans (always) Suitable access arrangements and times Details of proposed scope of works (for R & D Surveys) Inadequate time? Build in to the programme of works! Site visit may be required in order to quote works Lead in period for allocation of survey team Consider also time required post-survey for sample analysis and report production The scope of the survey should be agreed before the survey commences. This is significant for R & D surveys. Module 1: Introduction and Overview 21

HSG 264 – Carrying out the survey Inaccessible areas Access to all rooms / areas / locked cupboards within the scope of the survey. N.B. Any areas not accessed must be presumed to contain asbestos and managed on that basis. Occupied sites For R & D Surveys the areas to be surveyed should be unoccupied. Sites to be re-occupied following a survey Imposes restrictions on amount of invasive inspection that can be carried out . This imposes limitations on the survey. In order to satisfy due diligence a re-visit should be made to “top-up” the survey or perhaps provide a “watching brief” when the site is finally handed over to the contractor. 22

HSG 264 – Post survey variations This particularly relates to refurbishment and demolition surveys. Scope of survey agreed before site work starts. The entire project may be varied by the client / contractor Consideration must be made as to whether the R & D survey is still fit for purpose. Is a re-visit required by the asbestos surveyor? On numerous occasions we have re-visited site where ACMs have been identified in areas that were initially not included within the scope of the R & D survey. Module 1: Introduction and Overview 23

HSG 264 – A sound asbestos survey report: Is based on good communication and planning between dutyholder and surveyor on the scope of the survey Is based on issues such as access to high and confined spaces and electric services being planned, discussed and resolved before the inspection Presents the ACMs found in a clear and unambiguous way, rather than detailing each sample Lists every room surveyed and not just those where ACMs have been found Provides key information for each room: ACMs found, areas not accessed and key non-asbestos materials Lists the room in a logical numbered order to allow the report to be easily navigated Provides clear plans that show where the ACMs are, not just where the samples were taken Limits the number of caveats, only including those that are reasonable and agreed between the surveyor and dutyholder. www.redhills.co.uk 18/09/2018

Further Information and Advice Notes from today via e-mail Free download of HSG 264 HSE leaflets The Asbestos Regulations and Approved Codes of Practice HSE web site: www.hse.gov.uk Call us! www.redhills.co.uk 26

Thank you, any Questions?

Asbestos Awareness & CDM Presented by: Jim Anderson BSc(Hons), MSc,CMIOSH,MIIRSM, AIEMA www.redhills.co.uk

Construction (Design and Management) Regulations 2015 On the 6th April 2015 the Construction (Design and Management) Regulations 2015 come into force, replacing the previous CDM Regulations issued in 2007. Whilst there are a number of changes to the Regulations, those that have a significant impact are summarized below: Notification Threshold Under CDM 2007 a project was notifiable if it lasted more than 30 working days, or involved more than 500 person days. Under CDM 2015 a project is notifiable if it lasts more than 30 working days and will have more than 20 workers working simultaneously at any point in the project, or is likely to exceed 500 person days.

Notification of the Project to HSE Under CDM 2007, project notifications were made by the CDM Coordinator. Under CDM 2015, project notifications must be made by the Client Appointment of Principal Designer and Principal Contractor Under CDM 2007, a CDMC or Principal Contractor need only be appointed by the Client when the project was notifiable. Under CDM 2015, a Principal Designer and Principal Contractor must be appointed for any construction activity where there is likely to be more than one contractor at any one time. If the Client fails to appoint either a Principal Designer or Principal Contractor under these circumstances, then the client will by default, assume both roles. It is likely that many clients will be slow to understand that these appointments need to be made regardless of the length or size of the job, and Clients will need to be advised of their new obligations as appropriate.

Principal Designer Under CDM 2015 the role of CDM Coordinator does not exist, and is replaced by a new role: Principal Designer. Unlike the CDMC, the Principal Designer must be appointed for any construction project, regardless of duration. The Principal Designer must plan, manage, and monitor the pre-construction phase of the project and coordinate matters relating to health and safety during pre-construction to ensure so far as is reasonably practicable that the project is carried out without risks to health and safety.   The Principal Designer has a similar role to that of CDMC, and their responsibilities extend to the risks to any person building, maintaining or cleaning the completed structure, and those who might use it as a workplace. Critically, the Principal Designer must be a designer with control over the pre-construction phase. In practice this is likely to be the lead architect, or organization with design authority for the project.

Contractor Competence Under CDM 2015 the requirements relating to the necessary competencies required by a contractor (or other duty holder) have changed, with a greater emphasis on skills, knowledge and experience, rather than ‘competence’. The Core Criteria for demonstration of competence that featured in the CDM 2007 ACOP, has now been removed. HSE Guidance now leans heavily on PAS91: Construction Related Procurement – Prequalification Questionnaires, and emphasizes the benefits of Safety Schemes in Procurement (SSIP) as the means of pre-qualifying those companies working in construction. But do these schemes demonstrate competence?

Principal Contractors It is foreseeable that many small contractors will now take on the mantle for the first time. If the small contractor is already managing health and safety this might be enough when they find themselves as the principal contractor on a small project. But will they have the systems in place to ensure that all the relevant health and safety information is passed on? www.redhills.co.uk 18/09/2018

Domestic Clients now in scope Will these companies ask a householder if his property contains asbestos? Will they undertake the appropriate survey for the works package that is to be undertaken ? Will they advise the owner that a survey is required? By having the survey undertaken will it devalue the house? www.redhills.co.uk 18/09/2018