Asbestos - Duty to Manage & Learning From its Mismanagement Presented by Tim Harrison Health and Safety Manager Hywel Dda Health Board
Presentation Contents The problem What is asbestos? Why is it dangerous? Where are asbestos containing materials likely to be found? The solution: legislation and management An introduction to asbestos legislation The duty to manage When we get it wrong! Case study of mismanagement of asbestos
Asbestos What is asbestos? Asbestos is the name given to a group of naturally occurring fibrous minerals (rocks). Used by humans since 2500 BC Commercially exploited in the western world since 1800s Banned or restricted in over 50 countries due to its effects on human health Still mined and produced today in Russia, China, Brazil and Canada. 3
Benefits of Asbestos? Chrysotile (White) Amosite (Brown) Crocidolite (Blue) Asbestos fibres have:- High fire resistance High chemical resistance High tensile strength High abrasion resistance Low thermal conductivity Low electrical conductivity Low biodegradability Good sound proofing properties 4
Without asbestos, Industry would be far less efficient and life for everyone far more hazardous 6 million tonnes of asbestos imported into UK since 1880 4.4 million tonnes used in building products Extensively used in building industry, particularly in 1960s & 1970s Still widely found in buildings constructed before 1986 The complete abolition of asbestos use was not until 1999 Asbestos is not an historic problem; it is a current problem 5
Problems with asbestos? Why is it dangerous? Breathing in asbestos fibres can lead to asbestos-related diseases which kill more people than any other single work-related illness Asbestos fibres are respirable. Their shape and size allow them to be inhaled deep into the lung and to remain embedded into lung tissue Asbestos causes 2 main types of damage in humans: Asbestosis Cancer (mesothelioma) 6
The Greatest Single Cause of Work Related Deaths in the UK
Annual work-related deaths (estimated 8000-12000) Asbestos related Cancers >4000pa The annual number of mesothelioma deaths in the UK is increasing, with 2,156 deaths in 2007 compared with 153 in 1968
Number of deaths Mesothelioma: projected deaths 2,156 deaths in 2007
Asbestos Containing Material Sprayed insulation Lagging Asbestos insulating board (AIB) Asbestos cement (AC) 10
Asbestos Containing Material Ropes & cloths Gaskets Bitumen products Vinyl & thermoplastic products 11
Asbestos Containing Material Textured coatings (e.g. Artex) Also Mastics, sealants & putties Friction products (brake linings & clutch plates etc) Woven electrical cable insulation Flash guards & fuse linings Specialist paints & finishes Wall plugging compound Asbestos paper & asbestos felt Drive belts & conveyor belts Reinforced plastic 12
Regulation, Management and Enforcement
Regulation, management and enforcement CAR 2012 Regulation 4: The duty to manage Regulation 4 imposes a legal duty for duty holders to manage asbestos in non domestic premises. The duty holder is the person in control of maintenance activities in the non-domestic premises, whether that is the occupier or landlord, sub-letter or managing agent. Non domestic premises can include hospitals, schools, shops, offices, factories, and garages, but also include communal areas of domestic properties such as stairwells and lobbies in blocks of flats. 14
Regulation, management and enforcement CAR 2012 Regulation 4: The duty to manage The regulation imposes five basic requirements: Take reasonable steps to find materials in premises likely to contain asbestos and to check their condition Presume that materials contain asbestos unless there is strong evidence to suppose they do not Make a written record of the location and condition of asbestos and presumed asbestos-containing materials (ACMs) and keep the record up to date (Asbestos Register) Assess the risk of the likelihood of anyone being exposed to these materials 15
Asbestos Management Investigation Hywel Dda Health Board provides health services to a total population of around 372,320 throughout Carmarthenshire, Ceredigion and Pembrokeshire It provides Acute, Primary, Community, Mental Health and Learning Disability services via General and Community Hospitals, Health Centres, GP's, Dentists, Pharmacists and Optometrists.
Hywel Dda Health Board Following the merger of three separate NHS Trusts into one organisation a review of the Estates asbestos management compliance was undertaken and completed in July 2009.
Review Findings No updates had been included in the Asbestos Registers. Toward the end of July 2009, the Estates Department Surveyors immediately progressed with updating the Inspection Surveys at Bronglais General Hospital. The H&S Managers were tasked with investigating asbestos compliance and to identify non compliance concerns.
Investigation Findings A review of asbestos risk management for Ceredigion & Mid Wales NHS Trust was undertaken by National Britannia in November 2004 with a report submitted in February 2005. The report was commissioned in order to determine the level of compliance with legislation relating to the safe management of asbestos containing materials (ACM s) Compliance with the newly introduced Duty to Manage requirements. The report made a number of prioritised recommendations in respect of the management of ACM s.
Estate Management Structure in 2005 The responsibility for the management of asbestos within the Trust at the time: Chief Executive Director of Facilities Head of Estates Building Officer Direct Works Manager Health and Safety Adviser
Investigation Findings A few commendable practices were noted particularly in relation to the establishment of a health surveillance screening programme. However! From February 2005 to August 2009 maintenance staff and contractors had frequently gained access to the vertical risers and under floor voids and may have been exposed to asbestos fibres.
Internal Investigation Findings Ensure maintenance workers have received appropriate asbestos awareness training so that they will recognise any ACMs that they may encounter and be fully aware of the safe working methods which need to be adopted. No asbestos awareness training had been provided to Estates staff. Trust should specify that there is clear stipulation and clarification of the management and control actions for all ACMs identified during the survey with clear statements of time scales for the required actions to be completed. There is no evidence that a management action plan was developed following the original National Britannia report.
Internal Investigation Findings Permit to work - ensure that the contractor has consulted the available asbestos information for the building concerned. There is no evidence of a permit to work system existing in relation to working in areas highlighted as high risk in the asbestos register. Where damage to ACMs is detected, careful consideration should be given to restricting access to the areas concerned. There is no evidence that this took place
Internal Investigation Findings Out-of-hours building maintenance works, the Trust must give urgent consideration to the best method of making contractors aware of the asbestos information for the buildings in which the work is to take place. There was no evidence that this was routinely provided. Any work that is commissioned directly and not through the Estates Dept, the Trust should ensure that any people authorised to procure such works have received asbestos awareness training Where electrical/it services had been installed there was no evidence that the asbestos register had been referred to or consulted prior to the work being undertaken
Internal Investigation Findings Regular re-inspections of ACMs in order to keep the information up to date. Areas with low activities could be inspected at periods not exceeding 12 months, high activity areas more regular inspections are appropriate. Re-inspections did not take place, the condition of ACMs were not monitored. Neither was the asbestos risk register updated. Trust needs to develop an emergency procedure to deal with any inadvertent disturbance of ACMs. This procedure needs to be made available to all premises managers. No procedure had been developed, however when suspicion was raised about possible ACM, action had been carried out appropriately
Adverse Impact Following interviews with maintenance personnel there was a general lack of respect and miss trust of the management team at the time of the original asbestos survey. Staff interviewed said that they had been asked to work in areas highlighted as high risk. They felt let down and put at unnecessary risk from exposure to asbestos fibres. 'I was exposed to asbestos' stwyth electrician believes he was exposed to potentially-deadly asbestos while working in Bronglais Hospital. And his mother has take whatever measures are to find out why. vowed to necessary Ifan Davies, 21, was an apprentice when he worked in Bronglais in 2009, he recalls being told that asbestos had been found where he and colleagues had been working for up to six weeks Mr Davies said: About six of us, were working in enclosed ducts with no ventilation. The work included drilling amid the lagging. Then one day when we arrived for work, a sign on the door stated no access allowed.
Under Floor Voids Accessed via ward and other internal corridors
Immediate Action Taken by Health Board All vertical risers and under floor voids were locked. Estates staff informed of the Asbestos Register and risk assessments. A safe system of work/method statement was introduced before any works were authorised to be carried out by Estates Staff and contractors Estates Compliance Manager appointed with specific responsibility for the management of asbestos.
Immediate Action Taken by Health Board An electronic asbestos risk register developed which shows where asbestos containing materials (ACM) are present, its condition and control measures required. Asbestos awareness training provided to all Estates staff including the Estates management teams across the Health Board. Whilst the HSE were satisfied with the methods adopted for accessing floor voids and vertical risers, they wanted reassurance that so far as is reasonably practicable ACM s are removed from the service ducts.
Asbestos management system Asbestos Registers Produced for each property. Available to all staff, visiting contractors and other workers. Issued with the Asbestos Management Plan document
HSE Investigation The HSE presented their final report in March 2012 this was following a review of asbestos management arrangements. This included 3 HSE colleagues visiting 3 of the 4 Acute Hospitals and several community sites within each County. Action Plan produced to address the 12 recommendations
HSE Investigation Conclusion An initial lack of understanding as to the purpose of the asbestos surveys. A mistaken belief that all dangerous asbestos had previously been removed from the Hospital. A failure to assess the competency of the individual required to manage the asbestos survey project, or to provide him with suitable instruction and support to enable him to perform his duties effectively. A failure to monitor the progress of the survey process at a senior level. A failure to identify and interpret the findings of the asbestos surveys. A failure to act on the findings of the asbestos surveys.
HSE Investigation Conclusion A failure to communicate the findings of the asbestos surveys. A failure to introduce procedures to ensure that the findings of the asbestos surveys were considered prior to any routine maintenance activities. A failure to update or maintain the asbestos management plan following any work that involved the removal of asbestos or affected any asbestos left in-situ. A failure to assess the competency of the individual required to maintain the asbestos registers and management plans, or to provide him with suitable instruction and support to enable him to perform his duties effectively.
HSE Investigation Conclusion A failure to provide staff who may come into contact with asbestos on a routine basis, with asbestos awareness training. A failure to suitably consider the offer by National Britannia Limited for continued assistance in the management of the asbestos management plans; or to implement measures to ensure that a similar level of compliance was met. A failure to prevent Trust employees and contractors employed accessing areas that contained asbestos in an unsafe condition. A failure to seek competent health and safety advice in relation to the long term management of asbestos at the Hospital.
Public Interest The HSE said a failure to transfer criminal liabilities after NHS reforms in 2009 reduced the chance of success in court. HSE concluded that breaches of H&S legislation had occurred. Had criminal liability been transferred the HSE would have prosecuted Hywel Dda Health Board for the historical failures to manage asbestos between 2004 and 2009
Environmental Clean Reassurance that the Health Board will undertake a cleaning regime to ensure that ACM s are removed from service ducts.
Once Cleaned!
E-Learning Asbestos Awareness Cascading of awareness with the online e-learning system The Interactive Health and Safety Company (IHASCO) interactive e-learning asbestos awareness course is now available to all staff. A series of training videos with an interactive test
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