Managing AsbestosManaging Asbestos

Gary WhittakerGary Whittaker

DirectorDirector

Risk World Associates LimitedRisk World Associates Limited

ObjectiveObjective

To introduce you to:To introduce you to:

• the changes in the law on asbestos which the changes in the law on asbestos which introduce the duty to manage asbestos in non-introduce the duty to manage asbestos in non-domestic premises; anddomestic premises; and

• the supporting implementation campaign.the supporting implementation campaign.

SummarySummary

• Part 1: Setting the scenePart 1: Setting the scene

• Part 2: The duty to manage asbestosPart 2: The duty to manage asbestos

• Part 3: The implementation campaignPart 3: The implementation campaign

Part 1

Setting the sceneSetting the scene

What is asbestos?What is asbestos?

• Asbestos is a naturally occurring mineral.Asbestos is a naturally occurring mineral.• Three most common found types:Three most common found types:

• crocidolite (‘blue asbestos’);crocidolite (‘blue asbestos’);• amosite (‘brown asbestos’);amosite (‘brown asbestos’);• chrysotile (‘white asbestos’).chrysotile (‘white asbestos’).

• Has many uses:Has many uses:• fireproofing;fireproofing;• insulation.insulation.

• ButBut can be deadly. can be deadly.

Why is asbestos harmful?Why is asbestos harmful?

• Asbestos in good condition and undisturbed poses no risk Asbestos in good condition and undisturbed poses no risk to health.to health.

• When disturbed it can break down into sharp fibres and be When disturbed it can break down into sharp fibres and be breathed in. breathed in.

• The fibres lodge in the lungs and do not dissolve. The fibres lodge in the lungs and do not dissolve. • Inhaling asbestos fibres can lead to three main diseases:Inhaling asbestos fibres can lead to three main diseases:

• asbestosis;asbestosis;• lung cancer;lung cancer;• mesothelioma.mesothelioma.

Why is it still a problem?Why is it still a problem?

• Over 3000 people die each year from Over 3000 people die each year from asbestos-related diseases.asbestos-related diseases.

• Number will rise until 2011.Number will rise until 2011.• Working conditions are now much Working conditions are now much

improved.improved.• No one can be sure just how quickly the No one can be sure just how quickly the

numbers are going to diminish.numbers are going to diminish.

Why is it still a problem? Why is it still a problem? (continued)(continued)

• Between 1950s and 1980s asbestos used Between 1950s and 1980s asbestos used extensively in UK as building material.extensively in UK as building material.

• Thousands of tonnes of asbestos still Thousands of tonnes of asbestos still remaining in buildings.remaining in buildings.

• About half a million non-domestic About half a million non-domestic premises may contain asbestos.premises may contain asbestos.

Which premises couldWhich premises could contain asbestos? contain asbestos?

• Answer… any type (pre-2000).Answer… any type (pre-2000).

• Shops.Shops.• Factories.Factories.• Offices.Offices.• Farms.Farms.• Hospitals.Hospitals.• Domestic premises.Domestic premises.

Where do you find asbestos Where do you find asbestos in premises?in premises?Boiler vessels and pipeworkBoiler vessels and pipework

CeilingsCeilings

Cladding to columnCladding to column

Domestic appliancesDomestic appliances

Flooring materialFlooring material

Interior walls and panelsInterior walls and panels

Lining to lift doorLining to lift door

Roof and exterior wallsRoof and exterior walls

Service risersService risers

OthersOthers

Examples of asbestos in Examples of asbestos in buildingsbuildings

Examples of asbestos- Examples of asbestos- containing materials (ACMs)containing materials (ACMs)• Sprayed coatings.Sprayed coatings.• Lagging material.Lagging material.• Insulating board. Insulating board. • Ceiling tiles.Ceiling tiles.• Textiles and ropes.Textiles and ropes.• Paper, felts and cardboard.Paper, felts and cardboard.• Asbestos cement.Asbestos cement.• Decorative textural coatings.Decorative textural coatings.• Vinyl floor covering and plastic products.Vinyl floor covering and plastic products.

Sprayed asbestosSprayed asbestos

Sprayed asbestosSprayed asbestos

LaggingLagging

Asbestos insulating Asbestos insulating boardboard

Asbestos insulating boardAsbestos insulating board

Asbestos textilesAsbestos textiles

Asbestos cementAsbestos cement

Who is at risk and why?Who is at risk and why?• 25% of people now dying from asbestos-related 25% of people now dying from asbestos-related

diseases once worked in the building and diseases once worked in the building and maintenance trades.maintenance trades.

• They may have been exposed to asbestos, (often They may have been exposed to asbestos, (often unknowingly) by cutting, drilling and sawing into unknowingly) by cutting, drilling and sawing into ACMs.ACMs.

• Previous regulations did not cover those people Previous regulations did not cover those people who could come into contact with asbestos who could come into contact with asbestos unknowingly.unknowingly.

Who are these people?Who are these people?

• Heating and ventilation Heating and ventilation engineers.engineers.

• Roofing contractors.Roofing contractors.• Fire and burglar alarm Fire and burglar alarm

installers.installers.• General maintenance staff.General maintenance staff.• Electricians. Electricians. • Plumbers.Plumbers.

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

What had been done already?What had been done already?

• 1998: Amendment of the Control of Asbestos at Work 1998: Amendment of the Control of Asbestos at Work Regulations (CAWR):Regulations (CAWR):• expanded their scope to cover incidental exposures to expanded their scope to cover incidental exposures to

asbestos; andasbestos; and• made it clear that CAWR applied to all workers who made it clear that CAWR applied to all workers who

might come into contact with asbestos.might come into contact with asbestos.• 1998: Amendment to the Asbestos (Licensing) Regulations.1998: Amendment to the Asbestos (Licensing) Regulations.• 1999: Asbestos (Prohibitions) Regulations.1999: Asbestos (Prohibitions) Regulations.

A piece of the jigsaw was A piece of the jigsaw was missingmissing

• Contractors not aware that they were working on materials Contractors not aware that they were working on materials containing asbestos.containing asbestos.

• No one was managing the risk from asbestos in premises.No one was managing the risk from asbestos in premises.

Part 2

The duty to manage asbestosThe duty to manage asbestos

A new duty to manage asbestosA new duty to manage asbestos

• Introduced as a new regulation in the Control of Introduced as a new regulation in the Control of Asbestos at Work Regulations (CAWR) 2002:Asbestos at Work Regulations (CAWR) 2002:• to assess whether premises contain asbestos;to assess whether premises contain asbestos;• to assess risk from asbestos; andto assess risk from asbestos; and• to take action to manage the riskto take action to manage the risk

• The duty will greatly contribute to reducing The duty will greatly contribute to reducing fatalities by 4700 this century.fatalities by 4700 this century.

Who has the duty?Who has the duty?

• Those with a contractual obligation in relation Those with a contractual obligation in relation to maintenance and/or repair of premises – to maintenance and/or repair of premises – could include owners, occupiers, managing could include owners, occupiers, managing agents and others.agents and others.

• Person ‘in control’ where no contract or Person ‘in control’ where no contract or tenancy agreement exists.tenancy agreement exists.

• Every person shall cooperate with duty holders Every person shall cooperate with duty holders to enable them to comply with their duties.to enable them to comply with their duties.

Where does the duty Where does the duty apply?apply?

• All non-domestic premises.All non-domestic premises.

• The common parts of domestic premises.The common parts of domestic premises.

• Doesn’t apply to domestic premises Doesn’t apply to domestic premises themselves. themselves.

Assessing whether premises Assessing whether premises contain asbestoscontain asbestos

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

• Assess the condition of these materials.Assess the condition of these materials.• Record the findings.Record the findings.• Can be carried out in-house or by a specialist Can be carried out in-house or by a specialist

surveyor.surveyor.

Identifying asbestosIdentifying asbestos

• Presume asbestos.Presume asbestos.• Establish identity by sampling. Establish identity by sampling.

OROR• Conclude it is not asbestos (requires Conclude it is not asbestos (requires

strong evidence). strong evidence). OROR

• A combination of all of the above.A combination of all of the above.

Assessing the risk: DecisionsAssessing the risk: Decisions

• Assess the risk from the material.Assess the risk from the material.• If asbestos in good condition:If asbestos in good condition:

• leave it in place; and leave it in place; and • introduce a management system. introduce a management system.

• If asbestos in poor condition:If asbestos in poor condition:• seal it or enclose it; orseal it or enclose it; or• remove it.remove it.

Assessing the risk: ActionAssessing the risk: Action

• Prepare and implement a written Prepare and implement a written action plan.action plan.

• When materials are to remain in When materials are to remain in premises:premises:• inform others of their location and inform others of their location and

condition;condition;• carry out regular checks on the condition carry out regular checks on the condition

of the material; andof the material; and• review and revise the plan and update review and revise the plan and update

the asbestos record as necessary.the asbestos record as necessary.

Extent of dutyholder Extent of dutyholder responsibilitiesresponsibilities

• Extent of duty determined by degree of control over Extent of duty determined by degree of control over matters concerning the fabric of building.matters concerning the fabric of building.

• Possibility of shared responsibilities between 2 or Possibility of shared responsibilities between 2 or more parties.more parties.

• May need to:May need to:• collaborate in planning;collaborate in planning;• carry out assessment jointly;carry out assessment jointly;• provide information on location/condition of ACMs;provide information on location/condition of ACMs;• share information on asbestos in premises;share information on asbestos in premises;• contribute to cost.contribute to cost.

TimetableTimetable

• CAW Regulations 2002 madeCAW Regulations 2002 made- 21 November 2002.- 21 November 2002.

• Approved Code of Practice (L127) and Guidance Approved Code of Practice (L127) and Guidance (INDG223 and HSG 227) published(INDG223 and HSG 227) published

- 16 December 2002. - 16 December 2002.

• New duty to manage coming into force New duty to manage coming into force - 21 May 2004. - 21 May 2004.

HSE’s expectationsHSE’s expectations

• Adopt a precautionary approach to maintenance Adopt a precautionary approach to maintenance – NOW.– NOW.

• Carry out a condition check on all buildings Carry out a condition check on all buildings where access likely (vital for larger organisations) where access likely (vital for larger organisations) – SOON.– SOON.

• Plan compliance strategy Plan compliance strategy - START NOW:- START NOW:• management of process; management of process; • type of assessment;type of assessment;• recording of information;recording of information;• managing the risk.managing the risk.

Part 3

The implementation campaignThe implementation campaign

The campaign The campaign

Why a campaign is needed:Why a campaign is needed:• to raise awareness of the new duty and promote to raise awareness of the new duty and promote

effective compliance;effective compliance;• to reach a vast and varied audience which HSE is to reach a vast and varied audience which HSE is

unable to cover on its own;unable to cover on its own;• to make sure the RIGHT messages get across.to make sure the RIGHT messages get across.

Elements of the campaign:Elements of the campaign:• awareness raising;awareness raising;• targeted visits/stimulation;targeted visits/stimulation;• enforcement.enforcement.

What are the key messages of What are the key messages of the campaign? the campaign?

• Biggest occupational health problem ever experienced in UK.Biggest occupational health problem ever experienced in UK.• 500 000 non-domestic premises contain asbestos.500 000 non-domestic premises contain asbestos.• Building and maintenance workers at greatest risk from Building and maintenance workers at greatest risk from

asbestos.asbestos.• Other workers also at risk.Other workers also at risk.• Current asbestos risk not well managed.Current asbestos risk not well managed.• Effective implementation of the new duty will prevent nearly Effective implementation of the new duty will prevent nearly

5000 fatalities.5000 fatalities.• Duty about managing risk - not just a duty to survey:Duty about managing risk - not just a duty to survey:

• Consider the presumptive option. Consider the presumptive option.

Key messages (continued)Key messages (continued)• Represents a flexible and common sense Represents a flexible and common sense

approach.approach.• A bad survey is potentially worse than no survey A bad survey is potentially worse than no survey

at all.at all.• Reflects current good practice.Reflects current good practice.• A proportionate approach should be taken A proportionate approach should be taken

towards compliance.towards compliance.• If asbestos is in good condition and unlikely to be If asbestos is in good condition and unlikely to be

disturbed leave in place and manage it.disturbed leave in place and manage it.• Act now, can’t afford to wait until May 2004. Act now, can’t afford to wait until May 2004.

What’s happened so far?What’s happened so far?

• Website.Website.• Partnership network.Partnership network.• Conference and Presenter’s Packs.Conference and Presenter’s Packs.• HSE guidance.HSE guidance.• Joint guidance.Joint guidance.• Media coverage.Media coverage.

What is a ‘partner’ ?What is a ‘partner’ ?

• An organisation that has agreed to help An organisation that has agreed to help HSE spread its messages on the duty.HSE spread its messages on the duty.

• Almost 2000 already signed up.Almost 2000 already signed up.• HSE provides support to its partners.HSE provides support to its partners.

How are things going with How are things going with the campaign?the campaign?

• High level of awareness.High level of awareness.• Evidence of activity.Evidence of activity.• Message getting across.Message getting across.• Much still needs to be done.Much still needs to be done.

Risks to successRisks to success

• Too much removal.Too much removal.• Inappropriate precautions.Inappropriate precautions.• Mortgage retentions applied.Mortgage retentions applied.• Poor quality/unnecessary surveys done.Poor quality/unnecessary surveys done.

Ongoing campaign Ongoing campaign initiativesinitiatives

• Partnership network expanded and refined.Partnership network expanded and refined.• More proactive use of media.More proactive use of media.• Interventions at ‘strategic’ level.Interventions at ‘strategic’ level.• Encouragement of public bodies.Encouragement of public bodies.• More ‘joint enterprises’.More ‘joint enterprises’.• Improvements to website, better links, improving Improvements to website, better links, improving

the Frequently Asked Questions facility.the Frequently Asked Questions facility.

Ongoing campaign Ongoing campaign initiatives (continued)initiatives (continued)

• Update of Update of How are you today? vHow are you today? video.ideo.• Updating of the Presenter’s and Conference Updating of the Presenter’s and Conference

Packs.Packs.• Briefings for Local Authority (LA) inspectors.Briefings for Local Authority (LA) inspectors.• HSE/LA inspectors’ programme.HSE/LA inspectors’ programme.• European week of health and safety.European week of health and safety.• Best practice guidance.Best practice guidance.• 12 month review of progress.12 month review of progress.

Useful contactsUseful contactsUseful contactsUseful contacts

HSE’s Infoline:HSE’s Infoline:

Tel: 08701 545500

asbestos.campaign@hse.gsi.gov.uk

www.hse.gov.uk/campaigns/asbestos

Asbestos campaign website and e-mail address -