ASBESTOS RISK MANAGEMENT

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ASBESTOS RISK MANAGEMENT

• John Blackburn
• Health Safety Executive

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Objective

• To provide information on changes to the law on
  asbestos which introduce the duty to manage
  asbestos in commercial premises.

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How?

• Review the situation so far and explain why the
  change in the law is needed
• Describe what dutyholders will have to do
• Outline who has duties under the new Regulations

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The Problem

• Over 3,000 people die each year from
  asbestos-related diseases
• Between 1950s and 1970s asbestos used extensively
  in UK as building materials
• Thousands of tonnes of asbestos still remaining
  in buildings
• Over 1.5 million commercial premises contain
  asbestos

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The Problem (cont.)

• 25 of people now dying from asbestos-related
  diseases once worked in the building trades
• Pre 1998 Asbestos Regulations were aimed at those
  working in asbestos factories and for asbestos
  removers
• The Regulations did not cover those people who
  could come into contact with asbestos accidentally

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Who are these people?

• Heating and ventilation engineers
• Roofing contractors
• Fire and burglar alarm installers
• General maintenance staff
• Electricians
• Plumbers

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Who are these people? (cont)

• Carpenters and joiners
• Plasterers
• Gas fitters
• Surveyors
• Demolition workers
• Painters and decorators

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What type of buildings may contain asbestos?

• Answerany type (pre-2000) offices shops facto
  ries farms hospitals domestic premises etc.

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Where is the asbestos in buildings?

• Asbestos was rarely used in its refined / raw
  state.
• Asbestos was used to increase the performance of
  manufacturing materials and products.
• Asbestos is present in building materials (ACMs
  asbestos containing materials).

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Properties of asbestos

• Is a fibrous silicate mineral which
• is a good thermal insulator
• is stable at high temperatures
• is a good electrical insulator
• has high tensile strength
• has long flexible fibres
• does not degrade.

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Some main types of asbestos containing materials
(ACMs).

• Asbestos cement
• Sprayed coatings and laggings
• Insulating board and tiles
• Textiles
• Paper, felts and cardboard
• Various reinforced building products and coatings

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Asbestos cement
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Sprayed asbestos
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Sprayed asbestos
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Lagging
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Asbestos insulating board
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Asbestos insulating board
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Asbestos textiles
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Paper products
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Other productscomposites
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Other productsflooring and felt
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Regulatory control of asbestos

• Asbestos Regulations 1969
• Asbestos (Licensing) Regulations 1983
• Asbestos (Prohibitions) Regulations 1985,1992 and
  1999
• Control of Asbestos at Work Regulations 1987

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A piece of the jigsaw was missing

• Contractors not aware that they were working on
  materials containing asbestos
• No one was managing the risk from asbestos in
  premises

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Options considered

• Removal of all asbestos containing materials from
  premises
• Introduction of a single duty to survey for
  asbestos
• Introduction of a new regulation to manage the
  risk from asbestos

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Remove all the asbestos? No

• Asbestos can serve a useful purpose e.g. fire
  protection. If in good condition, and in a
  position where it will not be disturbed, it poses
  no risk
• Removal would be prohibitively expensive
• Disposal of waste would generate immediate
  problems
• Removing asbestos creates an additional
  unnecessary risk for removers

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A single duty to survey? No

• Only a possible first step. Resources better
  spent on managing the risk
• Practical difficulties e.g. who would undertake
  the surveys and who would pay?
• Survey information goes out of date
• The condition of asbestos-containing materials
  deteriorates

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A new duty to manage risk? Yes

• Introduce it as a new regulation in the Control
  of Asbestos at Work Regulations 2002
• Focus on a duty to manage the risks from asbestos
  in premises
• Introduce a new Approved Code of Practice to back
  up the regulation and provide guidance to the
  designated duty holders

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Who will have the duty?

• Employers occupying non-domestic premises in
  which persons work
• Other bodies who may have duties under contracts
  for maintenance, eg owners, managing agents
• Those responsible for common parts in domestic
  rented housing sector

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What does the dutyholder have to do?

• Find out if and where asbestos is present, how
  much there is and in what condition
• Presume unknown material is asbestos unless there
  is strong evidence that it is not
• Make and keep a record of ACMs or presumed ACMs

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What does the dutyholder have to do? (cont)

• Assess the risk from the ACMs
• Prepare a detailed written plan on how to manage
  the risk
• Take the steps needed to implement the plan
• Review and monitor
• Inform all who need to know of the location and
  condition of ACMs

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Find out if asbestos is present

• Take reasonable steps to identify asbestos
  containing materials in a building by
• looking at building plans etc.
• carrying out a thorough search of the premises
• consulting others e.g. architects, employees

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Presume asbestos unless certain

• Options include
• establish identity by sampling or
• presume asbestos or
• conclude its not asbestos (requires strong
  evidence)
• Cost implications for each approach

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Surveying

• Employing Competent Persons
• evidence of training and experience
• confirm work to be carried out in accordance with
  MDHS 100
• evidence of suitable liability insurance
• employed by accredited organisation
• individual surveyor certified

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Make and keep a record

• Prepare a record of the location and condition of
  the ACMs in a suitable format
• Needs to be a living document reviewed and
  updated regularly

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Assess the risk from ACMs

• Where is the ACM located, what type is it and how
  much of it is there?
• Is it likely to be disturbed, by whom and to what
  extent?
• What condition is it in now?

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Assess the risk from the ACMs (cont)

• Use guidance in ACOP and HSG booklet to assess
  the risks and prioritise actions
• If asbestos in good condition and
  unlikely to be disturbed
• leave it in place and
• introduce a management system
• If asbestos in poor condition
• seal it or enclose it or
• remove it using licensed contractors

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Write a plan to manage the risk

• Plan will need to prioritise the need for any
  remedial work
• Detail the arrangements for managing remaining
  ACMs including identifying personnel to oversee
  the plan
• Consider the best option to deal with risks

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Implement the plan

• Consider the options to deal with the risks
• Carry out remedial work needed
• Update record of asbestos and any priority list

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Review and monitor

• Check the condition of ACMs on a regular basis
  or if there is change in the premises
• Monitor the procedures and plan to ensure both
  are relevant
• Check that arrangements are working and that
  people are fully aware of what they should be
  doing

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Pass on the information

• This is the most important part
• Can be done in a number of ways, by labelling,
  instruction, permit to work.
• Consider all who might need the information
  especially service personnel, employees,
  maintenance contractors, emergency services

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Who is the duty holder?

• Main duty is on the employer in occupation of
  non-domestic premises if in control of
  maintenance activities
• Other duty is on those who have duties to
  maintain or repair premises by virtue of contract
  or tenancy to enable employer to comply with duty

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Who has the duty?

• Owners, managing agents and others
• Extent of duty determined by degree of control
  over matters concerning the fabric of building
• May need to
• carry out assessment, share information on
  asbestos in premises, collaborate in plan,
  provide information on location/condition of
  ACMs, pay

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For example

• Owners renting out workplaces
• Shared responsibility between owner
  and
  occupier for premises
• Responsibilities shared between many parties

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Supporting guidance

• An Approved Code of Practice will give guidance
  on methods for
• identifying asbestos
• maintaining a register of asbestos
• assessing the risk
• preparing a management plan
• setting up suitable admin. systems

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Supporting guidance (cont)

• MDHS 100 offers guidance to those carrying out
  surveys, including
• how to survey workplace premises for ACMs
• how to recognise and sample suspected ACMs and
• assessing the potential risks presented by the
  materials due to their condition
• how to record results of survey

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Supporting guidance (cont.)

• Video "How are you Today?"
• Free leaflet introducing the new duty
  (INDG223(REV2))
• Guidance following in HSG series

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Supporting guidance (cont)

• Asbestos Essentials - two part guidance
• Introduction to Asbestos Essentials
• duty to manage asbestos
• good work practices
• appropriate equipment
• Asbestos Essentials Task Manual
• for building workers
• practical guidance on how 25 tasks can be
  performed safely

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KEY MESSAGES OF CAMPAIGN

• Asbestos is a major killer
• The risks from it have to be managed
• Prepare now for the regulations introduction
• A bad survey is worse than no survey at all
• Dont panic if asbestos is in good condition
  and is unlikely to be disturbed, leave it in place