Asbestos in Schools

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Asbestos in Schools

• David Brierley
• 27 February 2009

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School Buildings

• System buildings 1945-1980
• Asbestos Containing Materials (ACM) were used
  for
• fire proofing
• insulation
• general packing.
• The majority of system buildings were in the
  public sector mainly schools.

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Teacher deaths from asbestos-related mesothelioma

• 1980 1985 21
• 1986 1990 36
• 1991 1995 53
• 1996 2000 69
• 2001 2005 64
• Male Female
• Secondary 36 2
• Primary and nursery 5 17
• Special Needs 0 1
• Other teachers 1 2
• This excludes nursery nurses, classroom
  assistants, caretakers, cleaners and secretaries.

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Employers

• The Health and Safety at Work Etc Act 1974 and
  the Management of Health and Safety at Work
  Regulations 1999 place overall responsibility for
  health and safety with the employer.

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Employers (Maintained sector)

• In the maintained sector the employer is-
• the LA in - Community schools
• - Community Special schools
• - Voluntary Controlled schools
• - Maintained nursery schools
• - Pupil Referral Units

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Employers (Maintained sector)

• In the maintained sector the employer is-
• the governing body in - Foundation schools
• - Foundation Special schools
• - Voluntary Aided schools
• - Academies
• - Trust schools
• - CTCs

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Employers (Independent sector)

• In the independent sector the employer may be-
• - a governing body
• - a charity
• - an educational trust
• - a limited company
• - a partnership
• - a sole proprietor

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Schools And Their Employers

• Independent Maintained
• Governing Body Community
  Foundation
• Charity Community Special
  Foundation Special
• Educational Trust
  Voluntary Controlled Voluntary
  Aided
• Limited Company Maintained Nursery
  Academies
• Partnership Pupil Referral
  Unit Trust Schools
• Sole Proprietor CTCs
  

the LA is the employer
the governing body is the employer
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Responsibility for Health and Safety in Schools

• Education employers have duties to ensure, so far
  as is reasonably practicable
• the health, safety and welfare of teachers and
  other education staff
• the health and safety of pupils in school and on
  off-site visits and
• the health and safety of visitors to schools and
  volunteers involved in any school activity.

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HSE Advice

• Asbestos An Important Message for Schools
• Local Authorities as Employers
• Where the LA is the employer it must set health
  and safety policies and procedures for its
  schools, including general policies dealing with
  health and safety responsibilities and policies
  and arrangements for dealing with specific risks.
  LAs should also set policy for maintenance
  issues, especially where, as the employer, they
  have statutory duties such as asbestos
  management. All policies and procedures should
  set out the standard schools are expected to
  achieve and how compliance will be monitored.

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HSE Advice (contd)

• Local Authorities as Employers
• It should be made clear, either in these policies
  or in separate documentation, which health and
  safety related functions are delegated to
  governing bodies and are therefore required to be
  funded through their delegated budget, and which
  functions are carried out by the LA.

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HSE Advice (contd)

• Local Authorities as Employers
• Even where health and safety related functions
  have been delegated to governing bodies, the LA
  as the employer must still set the policy for
  asbestos management. It should be made clear
  within this policy, or in separate documentation,
  whether asbestos management as a health and
  safety function is also delegated to governing
  bodies. Health and safety issues, including
  asbestos management, can only be delegated to
  competent individuals. Hence, the LA would need
  to ensure that the individual who they intend to
  delegate to are trained to a sufficient level of
  competency.

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Headteachers

• National conditions of service for Heads include
• Subject to paragraph 57.1, a head teacher is
  responsible for the leadership, internal
  organisation, management and control of the
  school.
• Premises
• Making arrangements, if so required by the
  authority or the governing body (as appropriate),
  for the security and effective supervision of the
  school buildings and their contents and of the
  school grounds and ensuring (if so required)
  that any lack of maintenance is promptly reported
  to the authority or, if appropriate, the
  governing body.

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The Department for Children, Schools and Families

• In its policy document Every Child Matters the
  Secretary of State for Schools gave this
  statement on the ethos of the Department-
• Our children deserve the best start in life.
  We have been working to make sure that they have
  the best childcare and early education we have
  services in place to ensure that everyone is
  safe and secure and to take action when they are
  at risk.

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The Problem

• We simply do not know what the risk is and that
  is entirely unsatisfactory.
• Voice the union
• 2008

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Asbestos SurveysWinter 2008/09

• LA No. of schools Schools
• surveyed containing
• asbestos
• Beds 220 192 88
• Cambs 251 240 96
• E Sussex 195 185 95
• Kent 599 554
  92.5
• Manchester 1,043 903 86
• Medway 116 89 76
• Average 88.9

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The Way Forward

• DCSF has to accept that they are responsible for
  asbestos in schools.
• All schools must carry out thorough asbestos
  surveys.
• A proper assessment must be made of the standard
  of asbestos management in schools.
• An assessment of the asbestos risk to teachers
  and children must be undertaken.
• A national audit of all asbestos in schools must
  be carried out.
• The most dangerous asbestos must be removed.
  Over time all asbestos must be removed.
• All schools must remove their asbestos when
  refurbished under BSF and PCP.

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