Asbestos Management Retail Sector Forum 11 th March 2004

Asbestos Management Objectives Understanding of the requirements of the new regulations –Background to asbestos –Regulations and duties –How do you meet the requirements

Background to Asbestos What is asbestos? Chrysotile Amosite Crocidolite

Background to asbestos “The Magic Mineral”

Background to Asbestos Where and how was it used? Loose packing/sprayed – generally used as fire breaks in ceiling voids Lagging – pipes and boilers Sprayed - in ducts, panels,partitions,soffits and steel works Insulation board – partitioning and ducts Ceiling tiles

Background to Asbestos Where and how was it used? Millboard/paper products – insulation of electrical equipment and fire proofing wood fibreboard Cement products – corrugated sheets, gutters rainwater pipes and tanks etc Textured coatings - artex Bitumen products – roofing, coatings Vinyl or thermoplastic floor tiles

Background to asbestos Magic mineral to killer dust The risks relate to breathing in fibres Dependant on how much, how long and how many different occasions you are exposed to it Asbestos-related lung diseases, mainly cancers Can take years to develop There is no cure for asbestos-related diseases

Background to asbestos History in UK Voluntary and formal bans since 1969 Use of blue asbestos stopped (almost completely) – 1970 Spray coatings decreased from 1970 – Banned in 1985 Use of asbestos insulation board stopped -1985

Background to asbestos History in UK Blue and brown asbestos banned – 1985 Use of asbestos paints and varnishes stopped – 1988 Asbestos in decorative plasters banned – 1992 Use of asbestos cement prohibited

Current Regulations The Control of Asbestos at Work Regulations 2002 Duty to manage asbestos in non domestic premises (Regulation 4) The management of asbestos in non domestic premises (ACoP L127) A comprehensive guide to managing asbestos in premises (HSG 227)

Current Regulations Who is the Duty Holder? Regulation 4 (a) “every person who has, by a virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom: or” (b) “in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom”

Current Regulations Who is the Duty Holder? “Where there is more than one duty holder, the relative contribution to be made by each such 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 the person.”

Current Regulations Who is the Duty Holder? Which means what? Owner/Occupier Managing agent Tenant Landlord Other

Current Regulations Who is the Duty Holder? Check your situation Look at the contracts you have in place Talk to the others involved Clearly define who is responsible for what areas Document it!

Current Regulations What are your duties? Take reasonable steps to determine the location and condition of any materials likely to contain asbestos Presume materials contain asbestos unless there is strong evidence that they do not Make and keep up to date, a record of the location and condition of the asbestos containing materials (ACM’s) or presumed ACM’s in your premises

Current Regulations What are your duties? Assess the risk of the likelihood of anyone being exposed to fibres from these materials Prepare a plan setting out how the risks from the materials are to be managed Take the necessary steps to put the plan into action

Current Regulations What are your duties? Review and monitor the plan periodically Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them Ensure a suitable safe system of work is put in place to take account of any work on locations where ACM’s or presumed ACM’s is to be undertaken

How do you manage your requirements? Different people will tell you different things! HSE has identified a 7 step process, split into 2 sections i)Immediate actions ii)Continuing actions

How do you manage your requirements? Immediate actions Step 1 Confirm what you already know about the ACMs in your building(s) and review current management

How do you manage your requirements? Organisations fall into 1 of 3 categories Have been managing and have historic records Have done something, (maybe some removal in past) Have done nothing

How do you manage your requirements? Do you have a policy? What is the age of the building? Major recent refurbishment? Previous asbestos records? Construction records? Refurbishment / Fit out records?

How do you manage your requirements? Immediate actions Step 2 Prevent work on your premises that may disturb fabric of building until you can control the risks

How do you manage your requirements? Immediate actions Stop short term activity that includes: Drilling Breaking Removing Sawing etc Check contractors for their own risk assessments If you don’t know………………don’t do!

How do you manage your requirements? Immediate actions Step 3 Carry out initial inspections for damage or disturbance and take appropriate actions

How do you manage your requirements? Immediate actions Inspect to identify major risks This inspection should not be confused with a survey You are looking for current problem areas (if any) or suspect materials that could pose problems

How do you manage your requirements? Immediate actions Steps 1-3 can be carried out individually, or Undertaken as part of a single review Whichever way though, you should be doing them now or better still have done them already!

How do you manage your requirements? Continuing actions Step 4 Develop a strategy for compliance

How do you manage your requirements? Continuing actions You can…….. Presume all materials are asbestos containing Survey your premises to find ACMs Gather strong evidence to show materials are not asbestos Use a combination of the above

How do you manage your requirements? Presume all materials contain asbestos If there are only a few suspect materials this may be an option If there are many suspect materials, it could be both difficult and costly to manage

How do you manage your requirements? Survey your premises Type 1 Location and assessment survey (presumptive survey)

How do you manage your requirements? Type 1 Survey Involves a visual inspection only (no sampling) Materials that could be asbestos must be presumed to contain it Advantage – Inexpensive (in the short term) Disadvantage - All suspect items must be risk assessed and then managed as asbestos

How do you manage your requirements? Survey your premises Type 2 Standard sampling, identification and assessment survey (sampling survey)

How do you manage your requirements? Type 2 Survey As type 1 survey, but includes sampling Advantage, you are only assessing and managing known asbestos Disadvantage, are more expensive and may damage otherwise intact surfaces

How do you manage your requirements? Survey your premises Type 3 Full access sampling and identification survey (pre-demolition/major refurbishment survey)

How do you manage your requirements? Type 3 Survey Includes opening up structures completely (Types 1 and 2 don’t) Advantage, you know where all your asbestos is Disadvantage, are very expensive and disruptive Should be considered as part of CDM for major works

How do you manage your requirements? Your surveyor should :- Have adequate training and experience in this work (i.e. be P402 Qualified) Can demonstrate independence impartiality and integrity Have an adequate quality management system

How do you manage your requirements? Gather strong evidence to show material are not asbestos Find out as much as practical on your building(s) Gather together all the relevant information and verify it Combine it with an inspection of the building

How do you manage your requirements? “If the inspection provides strong evidence to believe that there is no ACM’s in the building, nothing else needs to be done, except:” Keep a record of your work Review it if any new information is received (para 58 L127)

How do you manage your requirements? Continuing actions Step 5 Undertake a risk assessment of your ACM’s to set management practices

How do you manage your requirements? Risk assessment Material assessment + Priority assessment

How do you manage your requirements? Material Assessment Looks at the type and condition of the ACM and the ease with which it will release fibres if disturbed Should be done as part of survey Will give you a numerical score

How do you manage your requirements?

How do you manage your requirements? Priority Assessment Looks at the likelihood of someone disturbing the ACM Should take account of:- Occupancy of the area (normal occupant or visitor) Maintenance activities (including cleaning) Other activities carried out in the area Frequency of the above Again it is a numerical score

How do you manage your requirements?

How do you manage your requirements? Priority Assessment “Although a surveyor may have some of the information which will contribute to the risk assessment, and maybe part of the team, the duty holder under the CAW is required to make the risk assessment.” (MDHS 100)

How do you manage your requirements? Risk Assessment Will give you scores for all yours ACMs These can then be used to set your priorities for work Your priorities can be used as a basis for your management plan

How do you manage your requirements? Ongoing Actions Step 6 Develop a long term management plan

How do you manage your requirements? Your management plan must include: How to communicate with employees, contractors and others Your scheme to monitor the condition of the ACMs A safe system of work for all ACMs Training Document your plan and management control information

Step 7 Review and monitor your plan How do you manage your requirements? Ongoing Actions

Frequency dependent on your plan/risk assessment If any new information comes to light – review immediately Document all reviews

How do you manage your requirements? Management options Label Colour code Protect/enclose Seal/encapsulate Repair Remove (last option)

Review Responsibilities Material & Priority Risk Assessment Implementing Controls Records Policy ems Asbestos Management Written Scheme Training Survey Checking Inspecting Monitoring How do you manage your requirements?

HSE – 10 key facts If you don’t manage asbestos in your premises, you could be putting your employees’ and other peoples’ health at risk Exposure to asbestos occurs when you or others disturb it, releasing fibres into the air we breathe Asbestos in good condition should be left in place and managed

HSE – 10 key facts Most work on asbestos requires a licence, but some minor work on asbestos can be done without a licence if the correct precautions are followed Regulation 4 of the Control of Asbestos at Work Regulations is a duty to manage, not a duty to survey

HSE – 10 key facts You don’t always have to do a survey, but you do have to manage your asbestos-containing materials (ACMs) A bad survey is worse than not carrying out a survey Damaged or deteriorated ACMs should be repaired or removed, or isolated until remedial action can be taken

HSE – 10 key facts Managing asbestos means maintaining your (ACMs) in good condition to protect two groups of people: those who work on the fabric of the building (electricians, plumbers etc); and those who work in the building (eg plant and office workers, cleaners etc) who may come into contact or work near damaged or deteriorated ACMs

HSE – 10 key facts Your Asbestos Management Plan: is your way of ensuring that your employees or others do not disturb your ACMs; can take many forms and need not be complex, but it does need to be effective

Any Questions?