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

2. 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.

4. 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

5. 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

6. 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

7. 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)

8. CAR 2012
HSE guidance,

9. 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 + =
18/09/2018

10. 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.
18/09/2018

11. 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

12. 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

13. 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

14. 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.

15. 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

16. Module 1: Introduction and Overview
HSG 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

17. 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

18. 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

19. 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.
18/09/2018

20. Further Information and Advice
Notes from today via
Free download of HSG 264
HSE leaflets
The Asbestos Regulations and Approved Codes of Practice
HSE web site:
Call us! 26

21. Thank you, any Questions?

22. Asbestos Awareness & CDM
Presented by: Jim Anderson BSc(Hons), MSc,CMIOSH,MIIRSM, AIEMA

23. 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.

24. 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.

25. 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.

26. 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?

27. 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?
18/09/2018

28. 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?
18/09/2018