Management of Asbestos

Managing Asbestos in Buildings (Regulation 4)
Whoever has control of a building has a duty to manage the asbestos in their buildings – your employer should be able to tell you who this is. The duty holder has to take reasonable steps to find out if there are materials containing asbestos in the premises and, if so, how much, where they are and what condition they are in. This can – but does not have to – involve a survey. A survey can be:

• Type 1 – Presumptive: This is to locate materials assumed to contain asbestos and note what condition they are in. No sampling is done.
• Type 2 – Sampling: This is the same as type 1 but samples are taken and analysed to confirm whether asbestos is present.
• Type 3 – Full Access: This involves getting full access to all parts of the building, using destructive inspection if necessary. This type is usually used just before demolition or major refurbishment.
• Re-inspection Surveys:  To reassess the condition of previously  identified ACMs, to update current asbestos survey report on any removed, encapsulated or managed ACMs within your premises

The results of all types of survey should be recorded and the information provided to anyone who may work on, or disturb, these materials. Safety representatives are entitled to this information.

• Has any survey been done? If so, which type?
• Does it cover all parts of the building? If not, why?
• Is the information readily available and understandable?
• Is it given to anyone who needs it, eg contractors?
• A suitable risk assessment should be made before carrying out any work which may expose employees to asbestos.
• If any work which will, or could, disturb asbestos is planned, has the risk assessment been done by a competent person?
• Does it relate specifically to the particular job and site?
• Does it cover other risks (like falls from height or electricity)?

Those who control premises need to manage the risk from asbestos and ensure that an assessment is made as to whether asbestos is, or may be, present in the building. This includes where the asbestos is, or is assumed to be and what condition it is in. It should always be assumed that asbestos could be present until a full survey is done.

If you suspect that there may be asbestos in your building, what has been done to manage the risks from it?

• Ask to see any assessments or the results of any survey.
• Do the assessments tell you where the asbestos is, may be, or is assumed to be?
• How are people made aware of asbestos and what to do about it?
• How will anyone coming in to do work, such as a contractor, be made aware
  and will the way they work be monitored?
• If you suspect that there may be asbestos in your building, what has been done to manage the risks from it?
• Ask to see any assessments or the results of any survey.
• Do the assessments tell you where the asbestos is, may be, or is assumed to be?
• How are people made aware of asbestos and what to do about it?
• How will anyone coming in to do work, such as a contractor, be made aware and will the way they work be monitored?

Identifying the Presence of Asbestos (Regulation 5)

No employer must carry out demolition, maintenance or any other work which exposes, or may expose, their employees to asbestos in any premises unless they have found out:

• whether asbestos is, or may be, present;
• what type of asbestos it is;
• what material it is in, and;
• what condition it is in, or;
• if there is any doubt about whether asbestos is present, the employer has assumed that it is present and that it is not only white asbestos.
• Is all this information readily available, or has the employer said that they will assume asbestos is present?
• Is the information clear and easy to understand?
• Are there any parts of the building which have not been checked?

 Planning Work (Regulation 7)

No work should be carried out with asbestos unless a written plan of work detailing how that work is to be carried out has first been prepared.

• Is there a plan of work?
• Does it say clearly how the work will be done?
• How is the waste going to be removed?
  How will the employer make sure that the work is done in the way the plan says it should be?
• Have other risks which may be present (like falls from height and electricity) been considered as well?
• How will employees be informed?

Information, Instruction and Training (Regulation 10)

Every employer must give adequate training (which includes information and instruction) to employees who are, or may be, exposed to asbestos, their supervisors and those who do work to help the employer comply with these Regulations. This should make them aware of (among other things):

• The properties of asbestos, its health effects and the interaction of asbestos and smoking;
• The type of materials likely to contain asbestos;
• What work could cause asbestos exposure and the importance of preventing exposure;
• How work can be done safely and what equipment is needed;
• Emergency procedures;
• Hygiene facilities and decontamination.

The training must be given at regular intervals. It needs to be proportionate to the nature and degree of exposure and so should contain the appropriate level of detail, be suitable to the job, and should use written materials, oral presentation and demonstration as necessary.

• Has everyone who is, or may be, exposed to asbestos been given enough information, instruction and training to enable them to safeguard their health?
• Was the training suitable for the job?
• Are there arrangements to train new people?
• Are there arrangements for regular refresher training?

Preventing or Reducing Exposure (Regulation 11)

Employers have a duty to prevent exposure so far as is reasonably practicable. If exposure cannot be prevented, it must be reduced so far as is reasonably practicable without workers having to use masks. If that has been done but the exposure would still be above the control limit, the employer has to provide suitable masks which reduce the workers’ exposure to below the control limit and as far below it as is reasonably practicable. It is good practice to use masks and other personal protective equipment even at levels below the control limit.

• Has this approach actually been taken?
• How will the employer make sure that the workers are not exposed to more than the control limit?

It is not always necessary to carry out air tests, for example when it is well known what exposure levels an activity generates – and the worst levels are assumed. Air tests may be needed to confirm that the controls are working.

If any employee is exposed to more than the control limit, the employer must:

• Inform the employees concerned and their representatives;
• Ensure that the work does not continue until adequate action has been taken to reduce exposure to below the control limit;
• Find out why the control limit was exceeded and take action to prevent it happening again, and take air samples to make sure this action was effective.

Employers need to ensure that whatever controls they put in place are properly maintained and used. This includes providing any necessary supervision.

Employees need to make sure they use any controls properly:

• Do the employees know how to use the controls in place?
• Do they know what to do if they suspect the controls are not working properly?

The employer should make arrangements to deal with accidents, incidents and emergencies. These should minimise the effects of the event and restore the situation to normal. Anyone who may have been affected should be informed immediately.

• Do these arrangements exist and does everybody know about them?
• Is it clear who is responsible and what for?
• What happens when those people are absent?

The aim of regulation 4 is to reduce the incident of asbestos related diseases among building trades people and others who may be routinely exposed to damaged ACM’s.

It is a duty to have an asbestos management plan that protects your employees and others. If it does not, then you are not complying, even if you have monitored your premises. As these people are most likely to be exposed, the exposure potential depends upon the nature of the job and how it is controlled. It is because these people are the most likely to come across ACM’s and expose it, that they increase the risk to their health.

Monitoring your premises will simply tell you where the ACMs are, it will not stop people working on them, nor Engineers, Planners and others carrying out major works on the fabric of the buildings without first considering the presence of asbestos.

Monitoring would therefore need to identify where ~ACM’s are present, areas inaccessible and concealed with a view to being confident about planning work in a area and knowing which areas to avoid.

Planning For Protection
Your asbestos management plan sets out how you are going to ensure that ACM’s are maintained in good condition and that nobody works on them unsafely.  It is designed to be your strategy for compliance, for preventing  ACM’s are disturbed, when a detailed survey is required, who is responsible for making sure the plan is maintained and arrangements for monitoring and reviewing the plan.

It should describe systems and procedures, how you are to develop them and make them work.  You will not always know where ACM’s are, but your plan describes how to deal with this and how you ensure contractors / employees always know what to so before undertaking any work.

To develop your plan the first step is to determine what you know about your premises and what you do not know, always assume it contains ACM’s.  It is essential that you control every task that involves working on building materials and if necessary, how to sample suspect materials. This may be by employing the services of an experienced asbestos surveyor / surveying company to prove or disprove the presence of ACM’s before any work is undertaken within the area to be worked upon.

Two critical points about the register for ACM’s is to ensure those likely to be working upon materials know where it is and that it is always updated whenever any new ACM found, or existing material is disturbed or removed.

Everyone likely to work on the fabric of the premises needs to know what to do and how to do it safely. If the register has been checked and has confirmed ACM’s within the material to be disturbed, it must clear what is to happen next. The work can go ahead but must be carried out under controlled conditions. Licensed contractors must carry out the majority of work, but there are exceptions with certain materials. One of these materials is asbestos cement, but if in any doubt always seek advice. The bottom line is that trades people can carry out small jobs (minor works) themselves so long as they follow good practice. The HSE has produced guidance for non-licensed work, which is targeted at jobs like removing one ceiling tile. This type of work is not appropriate if work lasts more than one hour per week for a worker, or two hours in total for two or more workers in such cases you will be required to use an HSE licensed contractor. More information relating to such minor works can be obtained from the HSE website.