1. Asbestos Legislation Steve Shutler BSc(Hons), MCIEH, CMIOSH, CCP(Asbestos) Director SB Asbestos Management Ltd

2. Legislation Statutory Nuisance / Defective Premises Act / Housing Act 2004 – Fitness StandardStatutory Nuisance / Defective Premises Act / Housing Act 2004 – Fitness Standard General health & safety legislationGeneral health & safety legislation Asbestos specific regulationsAsbestos specific regulations

3. Legislation General Health and Safety LegislationGeneral Health and Safety Legislation –Health and Safety at Work etc Act 1974 –The Management of Health and Safety at Work Regulations 1999 –The Construction (Design and Management) Regulations 2007

4. H&SAW Act Prosecution

5. CDM Regs CDM Regs “It is not acceptable to make general reference to hazards that may exist”“It is not acceptable to make general reference to hazards that may exist” “site – specific asbestos surveys should be carried out in advance of construction work”“site – specific asbestos surveys should be carried out in advance of construction work”

6. The Control of Asbestos Regulations 2012 1 Citation & Commencement1 Citation & Commencement 2 Interpretation2 Interpretation 3 Application3 Application 4 Management4 Management 5 Identification5 Identification 6/7 Assessment & Plans6/7 Assessment & Plans 8 Licensing8 Licensing 9 Notification9 Notification 10 Training10 Training 11 Prevention/Reduction11 Prevention/Reduction 12/13 Control Measures12/13 Control Measures 14 Protective Clothing14 Protective Clothing 15 Incidents15 Incidents 16 Env Contam16 Env Contam 17 Cleanliness17 Cleanliness 18 Designated Areas18 Designated Areas 19 Air Monitoring19 Air Monitoring 20 Air testing standards 21 Bulk testing standards 22 Medical surveillance 23 Washing/Changing facilities 24 Waste 25 – 31 Prohibitions 32 – 37 Miscellaneous

7. Duty to Manage Duty to Manage Training Training Identify Asbestos Before Work Identify Asbestos Before Work Working with Asbestos Working with Asbestos Prevent Exposure (Reduce AFARP) Prevent Exposure (Reduce AFARP) Prevent Spread (Reduce AFARP) Prevent Spread (Reduce AFARP) Some (Most) Work is Licensable Some (Most) Work is Licensable

8. Asbestos Legislation HSE Guidance Notes - HSG The Control of Asbestos Regulations 2012 and Approved Code of Practice

9. Training Requirements Reg 10 Those liable to be exposed and those who superviseThose liable to be exposed and those who supervise (1) Asbestos Awareness – tradesmen, installation engineers, surveyors(1) Asbestos Awareness – tradesmen, installation engineers, surveyors (2) Non Licensed Workers(2) Non Licensed Workers (3) Licensed Workers(3) Licensed Workers

10. Duty to Identify Asbestos Before Work Starts – Reg 5 An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either –An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either – 1.carried out assessment or if in doubt 2.assumes asbestos is present and observes the provisions of the regulations

11. “Material Risk” Willmott Dixon appeal - Any work with asbestos presents a “material risk” irrespective of the number of fibres released (if any) or the length of exposure.

13. Do you need an HSE Asbestos License? & Is the work notifiable?

14. Definitions (R2) Asbestos Cement material predominantly cement and chrysotile……. < 30% water Asbestos Insulating Board Flat tile, building board – mixture of asbestos and other material except...AC, Bitumen.....

15. Asbestos Cement

16. Asbestos Insulating Board “AIB” “Asbestolux”

18. Definitions (R2) Asbestos Coating surface coating, contains asbestos for fire protection, heat insulation, sound insulation but NOT textured coating Asbestos Insulation Asbestos Insulation asbestos – thermal, acoustic or other insulation purposes – inc fire protection except AC, AIB, bitumen.... AC, AIB, bitumen....

19. Fibre Levels Sporadic & Low Intensity Exposure – 0.6 f/ml over 10 minutes Control Limit – 0.1 f/ml over 4 hours

21. Definitions (R2) Licensable Work with Asbestos..... Is work Not sporadic and low intensity or Can not demonstrate < control limit or On an Asbestos coating or On AIB or Insulation Not SLI & > CL & Not short duration

27. Is it NOTIFIABLE Non Licensed Work? NNLW

28. NNLW - Factors 1 Type of Work Maintenance, Removal, Encapsulation 2 Material Type Friable, Bonded (relevant to Removal Only) 3 Condition Prior Damage, Destroyed When Worked Upon

31. NNLW – Examples assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit 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

32. NNLW – Examples assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit removal work involving textured decorative coatings where the method of removal requires deterioration of the material, or where it is very badly flood-damaged

33. Not NNLW assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit removal of AC, which is kept virtually intact

34. Not NNLW assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit removal of floor tiles or bitumen felt

35. NOTIFIABLE Non Licensed Work NNLW…….. Notify jobs Medical examinations for workers (April 2015 – then every 3 yrs) Maintain worker health records Designate Area

38. Working Safely with Asbestos Work Not Requiring a Licence

40. Working Safely with Asbestos Work Which Requires a Licence