Duty to Manage Asbestos (an Inspector

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Duty to Manage Asbestos(an Inspectors View)

• David Price
• HM Inspector of HS
• HSE Birmingham Office

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What is asbestos?

• Asbestos is a naturally occurring mineral.
• Three most common found forms
• crocidolite (blue asbestos)
• amosite (brown asbestos)
• chrysotile (white asbestos).
• Has many uses
• fire proofing
• insulation.
• But can be deadly.

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Asbestos-related diseases

• Asbestosis.
• Lung cancer.
• Mesothelioma.
• Cancer of the larynx.
• Together with
• asbestos warts
• pleural plaques
• benign pleural effusions and
• pleural thickening.

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The problem

• Asbestos is the biggest occupational health
  problem ever encountered in the UK.
• Between 1950s and 1980s asbestos used extensively
  in UK as building materials.
• Thousands of tonnes of asbestos still remaining
  in buildings.
• About half a million commercial premises may
  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.

• Carpenters and joiners.
• Plasterers.
• Gas fitters.
• Cable layers.
• Demolition workers.
• Painters and decorators.

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Examples of ACMs

• Sprayed coatings and laggings.
• Insulating board millboard.
• Composite materials (tiles, brake linings etc) .
• Textiles (fire blankets etc)
• Paper (for electrical insulation), felts and
  cardboard.
• Asbestos cement
• Various reinforced building products and
  decorative textured coatings .

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What premises may contain asbestos?

• Answer any type (pre-2000)
• Shops.
• Factories.
• Offices.
• Farms.
• Hospitals.
• Domestic premises.

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Where asbestos is found
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A new duty to manage asbestos

• Introduced as a new Regulation 4 in the Control
  of Asbestos at Work Regulations 2002.
• Focus on a duty to manage the risk from asbestos
  in premises.
• Introduced a new Approved Code of Practice to
  back up Regulation 4 and provide guidance to the
  designated duty holders.

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Finding out if asbestos is present

• Take reasonable steps to identify ACMs in a
  building by
• looking at building plans etc
• consulting others eg architects, employees and
• carrying out a thorough search of the premises.

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Inspection/survey options

• Presume asbestos
• carry out own inspection
• engage others to undertake survey or
• Establish identity by sampling or
• Conclude its not asbestos (requires strong
  evidence) or
• A combination of all of the above.

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Engaging a competent surveyor

• Need evidence of training and experience
• employed by accredited organisation?
• individual surveyor certified?
• other possible alternative criteria.
• Confirm work to be carried out in accordance with
  MDHS 100.
• Evidence of suitable liability insurance.

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The asbestos record

• Prepare a record of the survey results in a
  suitable format to include
• location and condition of the identified
  materials
• location of known non-asbestos materials and
• areas not accessed.
• Needs to be a living document reviewed and
  updated regularly.

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Assess the risk from ACMs

• Material assessment
• type of asbestos
• product type and
• present condition.
• Priority risk assessment
• determine human exposure potential
• number of occupants
• frequency use of area
• level of maintenance.

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The management plan options

• 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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The management plan

• 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.

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Supporting guidance www.hse.gov.uk HSE Infoline
08701-545500