Employers
should act now on asbestos regulations
The control of Asbestos at Work Regulations 2002, (CAW 2002), mainly came into force in November 2002. The regulations implement the European Union’s Chemical Agents Directive and replace the 1987 Regulations. The 2002 regulations are one of the most important pieces of legislation on asbestos.
The key changes in new regulations on asbestos
are:
· A duty on the employer to manage asbestos in non-domestic premises;
· More clarity on what must be considered when carrying out assessment
of exposure to asbestos;
· A duty to prepare emergency procedures related to asbestos exposure;
· A provision that air monitoring must occur; and
· An extended duty with respect to health records and medical surveillance.
The key change is Regulation 4, which introduces a duty to manage asbestos in non-domestic premises and comes into force in May 2002. (See box)
Anyone with repair and maintenance responsibilities for the premises will need to ensure that asbestos- containing materials within those premises are properly managed, and that information about the location and condition of the materials is passed on to those likely to disturb them.
The government is urging employers to get on with meeting their duties right away. Health and Safety Minister Nick Brown said; “My message to duty holders is to take action now to ensure that they comply with the law.”
The HSE guidance points out that the new duty does not require the removal
of all asbestos materials – except where they are in such poor condition
that they give rise to serious risk.
The code of practise also emphasises the right of safety reps to consultation. It says employers and safety reps should have access to a copy of the plan of work, details of any air monitoring strategy and results, maintenance records, a copy of the licence issued, details of notification made to the enforcing authority and any collective information from health records.
Duty to manage asbestos
Regulation 4 says employers must:
· Find out if there is asbestos in the premises, its amount and
what condition it is in;
· Presume that materials do contain asbestos unless there is strong
evidence that they do not;
· Make and keep a record of the location and condition of the materials;
· Assess the risks from the materials;
· Prepare a plan that sets out in detail how the risks will be
managed;
· Take the steps needed to put the plan into action;
· Review and monitor the plan and the arrangements made to put
it in place; and
Provide information on the location and condition of the material to anyone
who is liable to work on it or disturb it.
The duty to manage asbestos in non-domestic premises came into force in May 04. But BANUT is concerned that some dutyholders (headteachers and governors) may not be aware fully of the implications of the new law.
In the first instance, all Public buildings must be surveyed.
With BANUTs full approval, Birmingham LEAs Asset Management team has offered all primary schools dual funding for safety work including Asbestos surveys. BANUT urges schools to take this opportunity to comply with the new duty and to have an asbestos management plan in place. Data from Asbestos Surveys conducted through the LEA will be held electronically as well as being handed back to the school for its own records thereby reducing the likelihood of unwitting damage to asbestos containing materials by contractors, volunteers or teachers undertaking repairs or improvements to the school premises.
BANUT urges Reps and/or Health & Safety Reps to draw their heads attention to this requirement and where appropriate to ask for a copy of the Asbestos Survey for their workplace, if and when it has been carried out.
Please use the TUC guidance below to ensure that your school has been
surveyed and that asbestos will be safely managed until removed.
Heads should contact Birmingham Urban Design Dept urgently to arrange a survey
phone Dave Brazier on 0121.303.7311.
TUC
Five questions to ask duty holders about asbestos (and the type of answers to expect)
New legal duties come into force in January 2004 requiring duty holders (mostly employers, but sometimes building owners etc) to manage the risks of asbestos in the built working environment. This checklist has been drawn up by the TUC and the Health and Safety Executive as a guide to the key issues workplace union safety representatives should be asking, and the responses that they should get.
1. Have you checked whether asbestos is present in your buildings?
- a survey/inspection has been planned for ……(date);
- a survey/inspection has been done to find materials that might have asbestos in them
- an expert has checked and confirmed whether or not the materials have asbestos in them; or
- it has been assumed that unknown materials contain asbestos.
- 2.Have you got a record or drawing which clearly shows where in your buildings the abestos is and what condition it is in?
- a record or drawing showing where it is and what it looks like has been done;
- a register has been drawn up listing all the asbestos materials and their condition; or
- this will be done when the survey/inspection is finished.
3. How are you managing the asbestos in your buildings?- the badly damaged asbestos has been removed, or sealed to stop fibres being released;
- a nominated person controls maintenance work;
- building and maintenance workers are told where the asbestos is before they start any work; or
- the asbestos is regularly checked every year to make sure it has not deteriorated or been damaged.
4. How are you warning people who might work on or damage the asbestos in your buildings?- workers are told where the asbestos is and whether the asbestos is damaged or undamaged;
- workers are given a plan with this information on;
- workers are told the building may contain asbestos and they should treat the material as if it does; or
- workers have been/will be given awareness training so that they do not disturb/damage the asbestos and know what to do if they find damaged material.
5. How are you checking that your management systems that are meant to prevent exposure to asbestos actually work and continue to do so?- the arrangements to control the risk are periodically reviewed as a matter of course;
- spot checks are done to make sure the building/maintenance worker is getting the right information and working safely; or
- any changes in the use of the building or the condition of the asbestos are dealt with.
IF THE DUTYHOLDER CANNOT ANSWER YOUR QUESTIONS, OR GIVES YOU ANOTHER ANSWER, THEN 'WARNING BELLS' SHOULD SOUND
REMEMBER - AS A SAFETY REP YOU HAVE A RIGHT TO THIS INFORMATION AND TO BE CONSULTED ABOUT WHAT YOUR EMPLOYER IS DOING TO MANAGE THE RISKS OF ASBESTOS EXPOSURE
Further details on the new duty to control asbestos is on the HSE website at http://www.hse.gov.uk/campaigns/absestos/index.htm#2