1. Control of Asbestos Regulations 2012

2. In practice the changes are fairly limited.
THE CONTROL OF ASBESTOS REGULATIONS 2012 came into force on 6 April 2012, updating previous asbestos regulations to take account of the European Commission's view that the UK had not fully implemented the EU Directive on exposure to asbestos (Directive 2009/148/EC).
In practice the changes are fairly limited.
They mean that some types of non-licensed work with asbestos
now have additional requirements,
notification of work to the HSE
medical surveillance or workers
record keeping of work and workers involved
All other requirements i.e. Duties, remain unchanged.
The changes mainly relate to the person undertaking the works
i.e. the Principal Contractor.

3. WHAT HAS STAYED THE SAME?
The person responsible for maintenance of non-domestic premises has a duty to
manage the asbestos in them,
to protect anyone using or working in the premises from the risks to health that exposure to asbestos causes.
If existing asbestos containing materials are in good condition and are not likely to be damaged,
they may be left in place
their condition monitored
managed to ensure they are not disturbed.
To do any building or maintenance work in premises, or on plant or equipment that might contain asbestos, you need to
identify where it is and its type and condition;
assess the risks, and
manage and control these risks.

4. The requirements for licensed work remain the same:
In the majority of cases, work with asbestos needs to be done by a licensed contractor.
This work includes most asbestos removal, all work with sprayed asbestos coatings and asbestos lagging and most work with asbestos insulation and asbestos insulating board (AIB).
Carrying out non-licensed asbestos work still requires effective controls.
Training is mandatory for anyone liable to be exposed to asbestos fibres at work.
This includes maintenance workers and others who may come into contact with or disturb asbestos (e.g. cable installers), as well as those involved in asbestos removal work.
Control limit for asbestos is 0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm3).
The control limit is not a 'safe' level and exposure from work activities involving asbestos must be reduced to as far below the control limit as possible.

5. WHAT HAS CHANGED FROM 6 APRIL 2012 (NNLW)
some non-licensed work needs to be notified to the relevant enforcing authority (HSE).( now called Notifiable Non Licenced Work)
brief written records should be kept of non-licensed work, which has to be notified e.g.
copy of the notification with a list of workers on the job,
plus the level of likely exposure of those workers to asbestos.
This does not require air monitoring on every job, if an estimate of degree of exposure can be made based on experience of similar past tasks or published guidance.
by April 2015, all workers/self employed doing notifiable non-licensed work with asbestos must be under health surveillance by a Doctor.
Workers who are already under health surveillance for licensed work need not have another medical examination for non-licensed work. BUT medicals for notifiable non-licensed work are not acceptable for those doing licensed work.
Some modernisation of language and changes to reflect other legislation

6. The specific 'duty to manage' requirement under the Control of Asbestos Regulations 2006 does not apply to any domestic property. - BUT !
The general duties under the Health and Safety at Work etc. Act 1974 required employers to ensure the health and safety of employees and others so far as reasonably practicable.
The Management of Health and Safety at Work Regulations 1999 also require employers to assess the health and safety risks
to third parties
workers carrying out work in the premises
tenants,
who may be affected by activities connected with their businesses and to make appropriate arrangements to protect them from this.

9. The new regulations mean that contractors who don't notify the HSE in advance in writing of any works with many low-risk asbestos containing materials may be liable to a £5,000 fine.

10. Information on Asbestos
Clients should provide sufficient information about the location and type of ACMs in order to allow effective management of the risks during any refurbishment or maintenance work.
Asbestos was widely incorporated into buildings until the nineteen eighties after which time its use declined. However, the use of all forms of asbestos in domestic buildings was not prohibited until Even then, some asbestos held in stock may have continued to be used after this dated.
Given this, it is not possible to judge by the age of building stock alone whether asbestos is absent.
Consequently, you must assume that asbestos is present in areas to be refurbished unless you have appropriate information to confirm that it is not. Steps should be taken to determine whether asbestos is present and to obtain information about the position and condition of ACMs.

11. What buildings are affected?
All non-domestic buildings, whatever the type of business.
The common areas of domestic buildings, eg halls, stairwells, lift shafts, roof spaces.
All other domestic properties are not affected by the duty to manage.
If you are not the dutyholder but have information about the building, you must co-operate with the dutyholder, eg leaseholders must allow managing agents access for inspection.
Any buildings built or refurbished before the year 2000 may contain asbestos.
If asbestos is present and can be readily disturbed, is in poor condition and not managed properly, others who may be occupying the premises could be put at risk.

12. Who is responsible?
Anyone who is responsible for maintenance and repairs in a building, which may contain asbestos.
You are a ‘dutyholder’ if:
you own the building;
you are responsible through a contract or tenancy agreement;
you have control of the building but no formal contract or agreement; or
in a multi-occupancy building, you are the owner and have taken responsibility for maintenance and repairs for the whole building.

13. Who is at risk?
The more asbestos fibres breathed in, the greater the risk to health.
Therefore, workers who may be exposed to asbestos when carrying out maintenance and repair jobs are at particular risk.
Such workers include:
construction and demolition contractors, roofers, electricians, painters and
decorators, joiners, plumbers, gas fitters, plasterers, shop fitters, heating and ventilation engineers, and surveyors;
anyone dealing with electronics, eg phone and IT engineers, and alarm installers;
general maintenance engineers and others who work on the fabric of a building

14. WHERE IS ASBESTOS FOUND IN BUILDINGS?
Asbestos was used in many parts of buildings, below is a sample of uses and locations where asbestos can be found:
Asbestos product
What it was used for
Sprayed asbestos (limpet)
Fire protection in ducts and to structural steel work, fire breaks in ceiling voids etc
Lagging
Thermal insulation of pipes and boilers
Asbestos insulating boards (AIB)
Fire protection, thermal insulation, wall partitions, ducts, soffits, ceiling and wall panels
Asbestos cement products, flat or corrugated sheets
Roofing and wall cladding, gutters, rainwater pipes, water tanks
Certain textured coatings
Decorative plasters, paints
Bitumen or vinyl materials
Roofing felt, floor and ceiling tiles

15. Some ACMs are more vulnerable to damage and more likely to give off fibres than others.
In general, materials that contain a high percentage of asbestos are more easily damaged. The table above is roughly in order of ease of fibre release (with the highest potential fibre release first).
Sprayed coatings, lagging and insulating board are more likely to contain blue or brown asbestos.
Asbestos insulation and lagging can contain up to 85% asbestos and are most likely to give off fibres.
Work with Asbestos Insulating Board can result in equally high fibre release if power tools are used.
Asbestos cement contains only 10–15% asbestos tightly bound into the cement and the material will only give off fibres if it is badly damaged or broken, or is worked on (eg drilled, cut etc).

17. Asbestos products can also be found in
Fire retardant breaks in ceiling voids and ducts.
Thermal insulation on pipes and boilers.
Protection around steel columns and girders.
Fire doors, ceiling tiles, internal walls and panels.
Corrugated roofs and guttering.
Gaskets in pipe work joints.
Lift breaks/clutches.
Insulating backing on some linoleum/vinyl flooring
artex type decorative coatings.
Reinforced plastics.
Mastics, sealants, putties.
Coated metal.
Bath panels, airing cupboards and heater cupboards.

18. What does the “Duty to Manage” asbestos involve?
The duty to manage asbestos is included in the Control of Asbestos Regulations The duty requires Premises Owners/Managers to manage the risk from asbestos by following the six steps that follow:-
STEP 1 - Find out if asbestos is present
Was the building built or refurbished before 2000?
If Yes, assume asbestos is present.
If No, asbestos is unlikely to be present - no action required
STEP 2 - Assess the condition of any ACMs
Assess the amount and condition of any ACMs, or presumed ACMs in the building to decide how likely they are to release asbestos fibres into the air.
STEP 3 - Survey and sample for asbestos
Have a suitably trained person conduct a survey to identify ACMs.
Have the materials analysed to prove if asbestos is present, and what type it is.

19. STEP 4 - Keep a written record or register
Write down the ACMs found, where they are and their condition.
Record the roles and responsibilities for managing asbestos in your organisation.
STEP 5 - Act on the findings
Your plan should include passing on your asbestos register to any worker/contractor carrying out maintenance work on the property.
Assess the potential risk from the ACMs - how likely are they to be disturbed?
Draw up a priority plan for action.
STEP 6 - Keep your records up to date
Regularly reinspect any ACMs in the premises and update the records.
Monitor and review the effectiveness of the action plan.

20. ASBESTOS MANAGEMENT PLAN should include
Minor damage
Good condition
The material should be repaired and/or encapsulated
The condition of the material should be monitored at regular intervals. Where practical, the material should be labelled
Inform the contractor and any other worker likely to work on or disturb the material
The condition of the material should be monitored at regular intervals
Where practical, the material should be labelled
Poor condition
Asbestos disturbed
Asbestos in poor condition should be removed
Asbestos likely to be disturbed should be removed

21. Managing asbestos left in place - See HSE Guidance Document

23. Asbestos licence assessment, amendment and revocation guide (ALAARG)

24. Competent Contractors
Clients have a duty to take reasonable steps to ensure that anyone they appoint is competent.
Even when a suitable survey has been undertaken, it is still foreseeable that unknown ACMs may be encountered when construction work begins. It is, therefore, important that contractors undertaking the work know what to look for and the precautions that they should adopt.
Steps should be taken to check that potential contractors have had the relevant asbestos awareness training to an equivalent standard to that required for non-domestic premises.
Knowledge of asbestos risks and working precautions form an element of this competency.
Those selected to carrying out the survey work should also be able to demonstrate the requisite arrangements, skills and experience through such means as UKAS accreditation or personal certification.

25. Notifiable non-licensed work
All non-licensed work needs to be carried out with the appropriate controls in place.
For notifiable non-licensed work (NNLW), employers (Contractors) also have additional requirements to:
notify work with asbestos to the relevant enforcing authority;
ensure medical examinations are carried out; and
maintain registers of work (health records).

26. Is my work NNLW? Whether a type of asbestos work is licensable,
Noifiable Non Licenced Work (NNLW)
non-licensed work
has to be determined in each case and will depend on the type of work you are going to carry out, the type of material you are going to work on and its condition.
The identification of the type of asbestos-containing material (ACM) to be worked on and an assessment of its condition are important parts of the risk assessment, which needs to be completed before start of the work.

27. Decide if the work is exempt from licensing or not.
To be exempt from needing a licence the work must be:
Sporadic and low intensity
to be considered sporadic and low intensity the concentration of asbestos in the air should not exceed 0.6f/cm3 measured over 10 minutes; and
Carried out in such a way that the exposure of workers to asbestos will not exceed the legal control limit of
0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm3); and

28. Decide if the work is exempt from licensing or not (continued)
Meet at least one of four other conditions:
It is a short non-continuous maintenance task, with only non-friable materials
(friability describes how likely an ACM is to release asbestos fibres when worked on, so non-friable materials will only release a small number of fibres during work);
It is a removal task, where the ACMs are in reasonable condition and are not being deliberately broken up, and the asbestos fibres are firmly contained within a matrix,
e.g. the asbestos is coated, covered or contained within another material, such as cement, paint or plastic;
It is a task where the ACMs are in good condition and are being sealed or encapsulated to ensure they are not easily damaged in the future; or
It is an air monitoring and control task to check fibre concentrations in the air, or it's the collection and analysis of asbestos samples to confirm the presence of asbestos in a material

29. NNLW or NLW?
If the work is exempt from the need for a licence, then need to determine if it is notifiable non-licensed work or non-licensed work. The key factors to consider are:
The type of work planned to do:
Maintenance, e.g. drilling holes to attach fittings or pass cables through, painting, cleaning etc.
Maintenance includes some removal where it is incidental to the main task, e.g. removing an asbestos ceiling tile to allow inspection;
Removal, e.g. as part of a refurbishment or redesign project;
Encapsulation, e.g. work to enclose or seal asbestos materials in good condition;
Air monitoring and control, and the collection and analysis of samples.

30. The asbestos type:
Is it friable? - the more friable a material is, the more likely it will release asbestos fibres when worked on and the greater the risk of exposure. 
Work which disturbs more friable materials e.g. asbestos insulation will tend to be NNLW and work which disturbs the least friable materials e.g. asbestos cement can normally be treated as non-licensed work; and
How firmly is the asbestos bonded in a matrix? (For removal work only) – Asbestos containing materials (ACMs) where the asbestos is coated, covered or contained within another material, such as cement, paint or plastic are considered to be firmly bonded in a matrix, ACMs of this type in good condition can usually be treated as non-licensed work but where they are significantly damaged, and so more likely to release fibres, they will need to be treated as NNLW.

31. The material's condition:
Has the material been damaged or is it in poor condition? – removal of ACMs in poor condition e.g. due to flood or fire damage, will normally need to be treated as NNLW; and
Will the materials' matrix be destroyed when worked on? – e.g. deteriorating textured decorative coatings e.g. 'Artex' with gel or steam to remove it, will normally need to treated as NNLW.

32. It is the responsibility of the person in charge of the job to assess the ACM to be worked on and decide if the work is NNLW or Non-licensed work. This will be a matter of judgement in each case, dependent on consideration of the above factors.
HSE decision flow chart is available in “Asbestos Essentials” to help in deciding how work with asbestos should be categorised.

34. Examples of NNLW include, (assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit):
minor, short duration, maintenance work involving asbestos insulation, e.g. repairing minor damage to a small section of pipe insulation where the exterior coating has been broken or damaged;
minor removal work involving AIB, when short duration and as part of a refurbishment project, e.g. removing AIB panels fixed with screws following water damage;
entry into the roof space above an AIB tiled ceiling, when no decontamination or cleaning has taken place;
removal work involving textured decorative coatings where the method of removal requires deterioration of the material, e.g. where the material is treated by steam, hydrating gel etc and scraped off the underlying surface, or where it is very badly flood-damaged;
removal of asbestos paper and cardboard products if not firmly bonded in a matrix;
removal of asbestos cement (AC) which is substantially degraded e.g. badly fire-damaged or de-laminated material, or where substantial breakage is unavoidable to achieve removal.

35. NNLW will not normally include the following, which will continue to be categorised as non-licensed work (which is not notifiable), (assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit):
short, non-continuous maintenance work involving AIB which is in good condition, e.g. drilling holes in AIB to attach a fitting or pass through a cable or pipe, cleaning light fittings attached to AIB, removing a door with AIB fire- proofing, or lifting ceiling tiles for inspection where there is no full-body entry into the roof space;
short, non-continuous maintenance work on asbestos cement (AC), e.g. work on weathered AC roof tiles;
removal of AC, which is kept virtually intact;
short, non-continuous maintenance work on textured decorative coatings, e.g. drilling holes, inserting screws or painting;
small-scale maintenance work with textured decorative coatings when this can be achieved without deterioration of the material, e.g. by careful cutting around backing sheets to achieve removal intact;

36. removal, for example, of gaskets or asbestos rope cords from heating appliances, which can be left in situ for disposal or can be lifted out virtually intact, without substantial breakage;
short, non-continuous maintenance work on clutch discs, brakes, friction products etc unless significant damage is required e.g. by power tools;
removal of floor tiles or bitumen felt, when done with the appropriate controls,
work to enclose or seal asbestos materials that are in good condition (and that do not require a licence);
air monitoring and control, and the collection and analysis of samples.

38. If you (i.e. the Principal Contractor) determine that the work you are about to do is NNLW, this is how to comply with the additional requirements:
Notification
Employers need to notify the relevant enforcing authority of any NNLW with asbestos:
Online notifications form is the only method of notification - can't notify by phone or post
Three possible regulators - HSE, Local Authorities and the Office of Rail Regulation;
Notice is required before the work starts - there is no minimum notice period;
No need to wait for permission from the enforcing authority – the database will provide a PDF copy of your notification;
If doing a project with multiple NNLW jobs you can notify once for the whole project;
If a licensed asbestos contractor carrying out NNLW work, will still need to notify;

39. Medical Surveillance
By 30 April 2015, all workers carrying out NNLW will need to have had a medical examination. Examinations will then need to be repeated at least every 3 years, as long as the worker continues to do NNLW. After April 2015, workers carrying out NNLW for the first time will have to have an examination before they can start such work:
Medical examinations must include an examination of the chest and a lung function test;
They need to be carried out by a licensed medical practitioner, e.g. a GP;
Those workers already under surveillance via a licensed contractor and in possession of a valid certificate do not need to have the NNLW medical;
Medical examinations should be carried out in work time at the employers' expense;
The doctor must issue a certificate to confirm the examination has taken place and on what date. The employer needs to keep this certificate for 4 years;

40. Record Keeping
Employers need to keep a register (health record) of NNLW with asbestos for each employee exposed to asbestos:
This must include:
the nature and duration of work with asbestos and estimated exposure for each individual worker; and
dates of the worker's medical examinations;
Record keeping may be as simple as writing down the names of workers on the job on your copy of the notification or keeping copies of the notification form for each person carrying out NNLW work, as the notification copy will document the nature of the job and type of asbestos from which likely exposure can be estimated.
More detailed medical records will be kept by the doctor;
Registers of work (health records) must be kept for 40 years (and offered to HSE or the individual concerned should the business cease trading);
The need to record exposure does not mean that every non licensed task must have air sampling. There will often be published exposure figures or knowledge within the industry about exposures found at similar lower risk work done in the past. If a task is unusual sampling may be required.

41. To summarise Non-licensed work: Comply with risk assessment
Control exposure
Ensure operatives are trained
Notifiable Non-licensed work:
(NNLW)
Notify before work starts
Medical examination every 3 years
Keep health records
Comply with risk assessment
Control exposure
Licensed work:
Licensed contractor
Notification 14 days in advance
Make emergency arrangements
Designate asbestos areas
Medical examination every 2 years
Keep health records
Comply with risk assessment
Control exposure
Ensure operatives are trained

42. To summarise (continued)
Licensed work with high risk notifiable asbestos containing materials remains unchanged.
Lower risk non-licensed work may, subject to the method of work (removal) that is not exempted by regulation 3(2) would fall into this 3rd tier of NNLW (Notifiable Non-Licensed Work).
These changes will impact particularly on the demolition industry e.g. where removal of asbestos cement roof sheets frequently require remote demolition to avoid work at height where the condition is poor or access is impracticable this would then become NNLW.

43. WHERE TO FIND ACMs Loose Insulation
Insulation sandwiched between wood or metal e.g. Fire Doors
Around pipes and electrical cables (possible chickenwired in)
In roof spaces
Acoustic - between floors
In paper bags (for insulation or in lofts)
Mattresses (for insulation or in lofts)
Sprayed Coatings (mixed with various other materials, and may be over-coated)
Fire proofing steelwork
Fire proofing floors/soffits
Fire proofing walls/ducts
Thermal/anti condensation use
Acoustic use
Decorative use
Pipe/duct insulation
Boilers/Plant insulation

44. Thermal Insulation
Boilers/Plant/Ducts, etc
Felt blankets
Corrugated paper
Jointing for pipes etc
Mixed with plaster etc
Pre formed blocks
Millboard and Asbestos Insulating Boards
Fire and Insulation boarding
Ducts/Risers
Suspended ceilings and fire stopping to voids
Partition walling
Stairwells
Fascias/Exterior panels
Next to gas fires and boilers
Fire doors
Boards/soffit boards
Ceiling tiles
Behind radiators

45. AIB in composite materials
Sandwiched between other boards
Strawboard
Plywood
Metal
Metal mesh
Plasterboard
Papers, felts and cardboard
Around duct etc
On surface boards and sheets.
Textiles
Insulating tapes
Jointing tapes
Fire blankets
Fire curtains
Rope seals
Jointing
Clothing
Plasterboard jointing tape

46. Asbestos Cement
Roof and wall sheeting/cladding
Behind pebble-dash, etc
Below windows
Prefabricated buildings
Moulded AC products
Roofs/gutters
Fascias
Flues and cowls
Drainage pipes
Tanks
Textures coatings, paints and plasters
Textures finishes, Artex, etc
Bitumen Products
Roof, felt
DPCs
Wall/floor coverings
Sealants

47. Flooring Products
PVC/Vinyl tiles
PVC/Vinyl sheet flooring
Mastics
Composite flooring
Asbestos - reinforced plastic/resin composites
Window cills
Cappings/banisters
Worktops
Toilet cisterns etc
Conveyor belts
Brake and clutch linings
Metal - asbestos composites
Flues
Durasteel panels

48. Domestic Appliances
Fires
Ironing boards
Hairdryers
Ovens etc
Fuse boxes
Metal sinks
Industrial Sites and Plant
Equipment
Switchgear
Storage vessels etc
Belts/conveyors etc

49. Legislation and guidance for asbestos surveys
Health and Safety at Work Act 1974
Construction (Design and Management) Regulations 2007 (L144 ACOP)
Management of Health and Safety at Work Regulations 1999 (L21 ACOP)
Control of Asbestos Regulations 2006 (L143 ACOP)
Asbestos: The Survey Guide (HSG 264)
ASBESTOS SURVEYS
Control of Asbestos Regulations 2012
Duty to manage
Licensed contractor
Effective controls
Training
Notified

50. DON'T FORGET TO USE OUR CDM DESIGNERS MASTERS 2011 FOR OBTAINING ASBESTOS SURVEYS