Asbestos Workshop Control of Asbestos Regulations 2012 4 th May 2012
Jamie Perkins-Best, Managing Director of EMS & HAS Over 10 years experience in the asbestos industry P402/5 Qualified in Asbestos Surveying & Management Qualified Asbestos Removal Contracts Manager EMS & HAS Hereford based but operate throughout the UK
Today s Workshop Control of Asbestos Regulations 2012 Discuss & Explain the changes Discuss the implications of the changes Reminder on key requirements under Control of Asbestos Regulations. Answer any questions that you may have regarding asbestos issues
So why all the fuss about Asbestos? Never ending legislation changes Top of HSE s hit list TV, Radio & Magazine Adverts Regular training updates required WHY.????
Approximately 4000 people die per annum from asbestos related disease in the UK. (HSE figures)
20 Tradesman die EVERY WEEK 6 Electricians 3 Plumbers EVERY WEEK
Basic Asbestos Facts Asbestos is a naturally occurring fibrous mineral. The term asbestos actually covers two groups of minerals with similar properties Approximately 6 million tonnes imported to the UK Asbestos used between 1890 1999 before it was finally banned.
Basics Contd Asbestos was used in the manufacture of over 5000 different products It is estimated that asbestos remains in some 1.4 million commercial buildings and many more domestic properties.
Effects of Asbestos Exposure Asbestos Fibres are respirable due to their aspect ratio Fibres become embedded within the lungs leading to fatal diseases (2009 figures) Mesothelioma (2321 deaths) Lung Cancer (est 2000 deaths. 309 new cases) Asbestosis (411 deaths. 1015 new cases) Deaths expected to peak in 2016 at around 5000
Legislation Control of Asbestos Regulations 2012 Health & Safety at Work Act 1974 Hazard Waste regulations Relevant Guidance Asbestos: The Analysts Guide Asbestos: The Survey Guide Asbestos: The Licensed Contractors Guide
CAR2012 History behind the recent changes. The European Commission made an official complaint regarding the UK s regulations CAR2006 did not include two critical phrases friable and without deterioration of nondegraded materials. The HSE felt that these changes could not be introduced without wholesale changes and therefore the regulations were reissued rather than amended.
CAR2012 What has stayed the same? If asbestos containing materials are in good condition they may remain in place and be managed If you are responsible for non-domestic premises, there is still a duty to manage An asbestos survey is required prior to maintenance or building work in any pre-2000 property.
CAR2012 What has stayed the same? The regulations for licensed asbestos work remain unchanged Non-Licensed work still requires effective controls The control limit for asbestos work remains at 0.1f/ml It is mandatory for any person likely to come into contact in their place of work to receive adequate training. A written plan of work is required to be available on site.
CAR2012 What has changed? From 6 th April 2012 some work with nonlicensed products will need to be notified Notifiable Non Licensed Work (NNLW). Brief written records need to be kept of all NNLW describing work undertaken and the operatives involved. Workers undertaking NNLW will require regular health surveillance.
Notification Notifications will need to be submitted prior to the commencement of NNLW Notifications will need to be submitted to one of three relevant authorities HSE, Local Authority or Rail regulator Online form can be found on the HSE website. It must be submitted digitally.
Notification You do not need to wait for permission to proceed once the notification is submitted. The form requests details of Company undertaking the work, the address of the work and the type of work involved. It also requests quantity of asbestos, number of operatives and the number of days the work will take.
Notification Who do I notify?
Medicals Operatives will require a medical to be undertaken at least every 3 years; this comes into force in April 2015 After April 2015 operatives will require medicals BEFORE they undertake NNLW Medicals must be undertaken by an HSE approved GP. These must be in work time at the employers expense.
Record Keeping Records of NNLW need to be kept for 40 years. The record should include a brief description of the project, names of operatives & dates of their medicals It is recommended that the notification form is used with the names of operatives added as the record. Should the company cease trading all records should be offered to the local HSE office
When Work is NOT Licensed or NNLW? Regulation 9 (notification) and 22 (Health Records) do not apply where A) the exposure of employees to asbestos is sporadic and of low intensity; And B) it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit
When Work is NOT Licensed or NNLW? And C) The work involves: i) Short, non-continuous maintenance activities in which only non-friable materials are handled, or ii) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix, or iii) encapsulation or sealing of asbestos-containing materials in good condition. iv) Surveying and air testing are also exempt
Is my work NNLW? Firstly decide if the work is exempt from licensing or not. It is the responsibility of the project manager to risk assess the material and decide if the material is NNLW. It will depend on the condition of the material and the degree to which it will be broken or disturbed during the activity
Is my work NNLW? To determine if the work is NNLW two key terms need to be considered Friability the more friable the material more likely that fibres will be released and therefore more control measures will be required Firmly bonded matrix where asbestos is coated, covered or contained in another material ie cement or plastic.
Examples of NNLW Repairing minor damage to pipe insulation where coating has been damaged Minor removal work involving AIB, when short duration and part of maintenance work. Entry into a roof space above an AIB ceiling
Examples of NNLW Removal of textured coating when done with gel or steam or the material is flood damaged However, elsewhere in the guidance it suggests if the material is scrapped off the surface it should be notified Removal of cement that is degraded or where breakage is unavoidable. If there is fire or flood damage, or the sheets are aged.
Other Implications The notification process will alert the HSE to the work, so site visits are possible, although the feeling is these will be infrequent Air Testing not required on all projects but evidence of exposure will be required to support risk assessments either from published levels or historical data.
Other Implications NNLW will offer an audit trail for the HSE to ensure all other asbestos documentation is correct. Is the operative s training adequate and up to date? Can you prove competency both for operatives and your organisation Is the asbestos survey adequate for the level of work being undertaken? Is the plan of work correct and available onsite Is the risk assessment accurate and the correct level of work identified?
Training Asbestos Awareness is mandatory for all involved in work that asbestos maybe disturbed This includes operatives, site managers and project designers Work with non-licensed materials training is required for work with asbestos Training should be renewed annually. Training is not proof of competency Air testing?
Surveys Refurbishment Survey is required for any intrusive maintenance. The scope needs to accurately reflect the work being undertaken. The survey as a whole should be assessed not just the register. A Demolition Survey is required prior to demolition. HSG264 & HSE Strongly recommend only using accredited surveyors/surveying companies. The Liability falls to the duty holder to assess the competency of the surveyors
Summary From the guidance
Summary The controls on undertaking work with asbestos still remain. Controls include surveys before carrying out work, training for all operatives and licensing for the removal of the most hazardous forms of ACMs
Questions? Jamie Perkins-Best Environmental Management Solutions Ltd Hereford Asbestos Services Ltd 0800 358 1100 jamie@ems-asbestos.co.uk www.herefordasbestos.co.uk www.ems-asbestos.co.uk