Implications of the changes to the Asbestos Regulations 17 June 2015

RECENT CHANGES Dec New ACoP published– L143 (2 nd Edition) “Managing and Working with asbestos” CAR 2012 Consolidated the asbestos regulations into one document, bringing together: L127 – The management of asbestos in non-domestic premises; L143 – Work with asbestos containing materials NOTE: Minor changes in November 2014 have occurred to the online version only

London council in court after decade of ignoring asbestos risks Friday, May 29, 2015 Waltham Forest borough council has been fined after it exposed members of staff and visiting contractors to the potentially lethal dangers of asbestos, which it knew to be present in the Town Hall basement. Construction small businesses encouraged to attend asbestos awareness safety event Construction small businesses encouraged to attend asbestos awareness safety event - Wednesday, May 27, 2015 Free workshops are being run across Lancashire to help small businesses better prevent the risk of exposure to asbestos. Cheshire firm in court after workers potentially exposed to asbestos Tuesday, May 12, 2015 A laboratory design and installation specialist has been fined after exposing workers, pupils and teachers to asbestos material at a school in Suffolk. ASBESTOS PROSECUTUIONS -

Leeds trader’s suspended jail sentence over asbestos exposure Monday, March 23, 2015 A Leeds trader has been given a suspended jail sentence after exposing a household and workers to potentially dangerous levels of asbestos fibres at a home in Bramhope. Liverpool NHS Trust in court over deadly asbestos fibres Friday, February 27, 2015 A Liverpool NHS Trust has been fined £10,000 after it emerged its workers may have been exposed to potentially-deadly asbestos fibres. ASBESTOS PROSECUTUIONS -

RECENT CHANGES Interpretation (CAR Regulation 2) Clearer definitions in relation to asbestos removal works Licensed Notifiable non-licensed Non-licensed Implications? Less grey areas on what asbestos materials fall into which removal categories

RECENT CHANGES Application (CAR Regulation 3) Notifiable non-licensed Short non-continuous maintenance activities in which only non-friable materials are handled. Removal without deterioration of non-degraded materials in which the fibres are firmly linked in a matrix.

RECENT CHANGES Application (CAR Regulation 3) Notifiable non-licensed NNLW works have brought in changes to many other areas also: (Regulation 6) – Assessment of work which exposes employees to asbestos (Regulation 9) – Notification of work with asbestos (Regulation 22) – Health Records and Medical surveillance Implications? HSE Audit trail for the NNLW works Greater protection for staff undertaking these works

RECENT CHANGES Duty to Manage in Non-Domestic premises (Regulation 4) Duty to Manage – NOT duty to survey Implications? Increased health protection of all involved in occupying and working in buildings containing asbestos, reducing exposure to asbestos fibres

RECENT CHANGES Identification of the presence of asbestos (Regulation 5) Competency Accuracy of survey Survey limitations Implications? Better survey planning Better Client satisfaction Less delays on projects

RECENT CHANGES Information, Instruction and Training (Regulation 10) Requirements for refresher training Asbestos Awareness (no formal refresher every 12 months) Non-licensable work with asbestos including NNLW & Licensable work with asbestos (both require formal refresher training every 12 months) Requirement for training needs analysis (TNA) For all types of training Implications? Better protected work force who are asbestos aware

RECENT CHANGES Duty to prevent or reduce the spread of asbestos (Regulation 16) Requirements for enclosures during NL and NNLW work Full enclosures required were there is a risk of airborne or significant internal physical contamination i.e debris removal Full enclosures should be used on large-scale work (eg textured coating removal) Where a full enclosure is used for non-licensable works, air extraction air flow rates as specified for licensable work should be used *

RECENT CHANGES Duty to prevent or reduce the spread of asbestos (Regulation 16)

RECENT MINOR CHANGES Duty to prevent or reduce the spread of asbestos (Regulation 16) Requirements for enclosures during licensed work Viewing panels and CCTV Leak air testing during asbestos removal in occupied areas An airflow of at least 8 air changes an hour for enclosures greater than 120m3. An Airflow of 1000 m3/hr for enclosures less than 120m3.

RECENT MINOR CHANGES Duty to prevent or reduce the spread of asbestos (Regulation 16) Conclusions of the HSL study Volume flow rate is important factor in effective mixing (not air change rate) Volume flow <500m3/hr produces poorly mixed air regardless of other factors Effective air mixing and removal at 900m3/hr Better mixing due to velocity of air entering through airlock Volume flow 1000m3/hr required to generate -5Pa NP

RECENT MINOR CHANGES Duty to prevent or reduce the spread of asbestos (Regulation 16) Implications for enclosures during licensed work ? Need to achieve Negative Pressure of at least -5Pa This will achieve uniform air mixing within enclosure and good removal of airborne asbestos fibres Provides higher standard of containment Provides a simpler ventilation system Provides an easier check on extraction performance

RECENT MINOR CHANGES Duty to prevent or reduce the spread of asbestos (Regulation 16)

PROPOSED CHANGES Standardisation of NPU’s units. M3/hr rather than cfm Ensuring the airflow achieved in the 6 monthly test is printed on the cert Ensuring NPU’s have variable speed control and gauges to monitor the negative pressure Having LARC test and record the flow rate before the enclosure goes live Beware Asbestos Web App

Further Information / Resources HSE Publications and website - United Kingdom Asbestos Training Association – British Lung Foundation – and their TAKE5ANDSTAYALIVE campaign British Occupational Hygiene Society – Asbestos Removal Contractors Association Asbestos Testing and Consultancy Enquin Environmental –

Thanks for Listening Any questions?