FAQ’s

Question
FM contractors managing sites on behalf of clients some clients think that they do not have an duty of care / duty holder can you clarify who has the ultimate responsibility

Answer:-

Question
How does the 1 hour and 2 hour rule apply to non-licenced employers?

Answer:-

A much quoted ‘rule’ but very often very misunderstood. The ACoP (Approved Code of Practice) ‘Work with materials containing asbestos (CAR2006)’ (L143) which should be complied with at all times (or a better or equivalent standard should be sought), states that:-
‘Due to the relative ease with which asbestos fibres can be released when working with asbestos insulation and insulating board, in most circumstances work with these materials SHOULD ONLY BE CARRIED OUT BY THOSE HOLDING A LICENCE.’
The paragraph goes on to say that the ‘exemption’ (there is no reference to a ‘rule’) from licensing only applies to short duration work which will only produce sporadic and low intensity exposure and WILL NOT EXCEED THE CONTROL LIMIT. As such the employer MUST be able to define through a risk assessment and plan of work evidence that the works and methods will not exceed the control limit which is very difficult for work with licensable materials as even very low intensity work will result in exposure above the control limit (for example painting the bare surface to an Asbestos Insulation Board with a brush can result in exposure significantly above the control limit).
IF the risk assessment can ensure that the control limit is not going to be exceeded the work will then only be considered as ’short duration’ if any ONE person carries out the work for less than one hour in a seven-day period (the total time spent by ALL workers should not exceed two hours so you can’t keep swapping employees during the works!)
Bear in mind that the ‘one hour’ must include set up of the area, the works, and the de-contamination / clean - virtually impossible if the control limit is not to be exceeded.
If in doubt ALWAYS use a licensed contractor.
(Regulation 3(3) - L143 paragraph 41)

Question
is it correct to state that it requires prolonged exposure to progress to mesothelioma, as my understanding is that a single fibre could result in mesothelioma and so if you are very unlucky a single exposure could reult with the condition

Answer:-

If you are VERY unlucky and extraordinarily susceptible then a single exposure could result in the development of mesothelioma later in life. However a single exposure will never be to just a single fibre.
Asbestos is a naturally occurring mineral fibre and although there are no natural resources in this country the material has been worked with and removed with a lack of suitable controls for decades. There is a datum level of asbestos in the atmosphere at all times as it will not be broken down over time so, naturally, asbestos fibres will be in the air that we naturally breathe.
The HSE set the control limits not as ’safe’ levels to be exposed to, but as limits for which you are unlikely to contract an asbestos related disease if you are exposed to on rare occasions during your lifetime.
To give an example, if you are exposed to the control limit of 0.1f/cm³ for one hour and you have a ‘typical’ breathing rate you will breathe in something in the order of 240,000 asbestos fibres. However, you are VERY unlikely to contract an asbestos related disease from this exposure.
Mesothelioma does not have a set ‘dose’ rate, and it is not known how much exposure is needed for the disease to manifest but it IS known that the highest risk is cumulative exposure following short duration, high intensity exposure experienced, for example, by tradespersons such as electricians or plumbers that regularly drill through riser panels or similar that contain asbestos.
However the only way to lower the risk is to reduce people’s exposure to airborne asbestos fibres through good management techniques, ensuring that the exposure does not even occur.

Question
Is there a defined quantity of asbestoes that defines if you are a duty holer

Answer:-

No, if you have responsibility for maintenance and/or repair within a non-domestic premises as defined in Regulation 4 of the Control of Asbestos Regulations 2006 then you have Dutyholder responsibilities regardless of the extent of asbestos present.
Obviously, if there are very little or no ACMs present then the management is easier but the processes should still be followed.

Question
How long is a survey report likely to be valid for…2 yrs, 3yrs, or is down to the dutyholder to decide based on the work that has previously been carried out?

Answer:-
The survey report is only valid on its own on the day that it is issued, or, in fact, the day that it was carried out. From the survey information a register of all the asbestos containing materials should be formed to include material assessment information as a minimum, (such as material type, condition, surface treatment and asbestos type).
The register should detail when the last formal review / inspection took place but should also record whether condition has changed or whether materials have been removed.
As with everything in Health and Safety, the response to when a review should take place is when appropriate, if conditions have changed etc. But HSG227 (the Guidance Note for the management of asbestos in non-domestic premises) states that ‘The time period between monitoring will vary depending on the type of ACM, its location and the activities in the area concerned, but would not be expected to be more than 12 months in most cases’. (HSG227 - Appendix 5 paragraph 4).

Question
How can we have confidence in the survey when we have recent prosecutions of survey companies who haven’t been ‘competent’ in the survey methodology; and in the surveyors competence to follow the standards for personal protection?

Answer:-
ALWAYS, always, always select your surveying company very carefully. Always use a UKAS accredited inspection body - lists of which can be found on the UKAS website http://www.ukas.com/about-accreditation/accredited-bodies/inspection-body-schedules.asp#abestos
Always vet the surveying company, the VALUE of the surveying company is the balance between their quality approach first and the cost as a distant second.
A quality organisation will always be able to assist in the whole management process and be able to demonstrate their competence at all levels.
If you are the end-user of the information disseminated from a client that has been generated by a third-party surveying company and you are not confident that the information is sufficient then query it with the client and request further investigations are undertaken using a competent UKAS accredited inspection body.

Question
I have come across a flocked substance on steel supporting beams and on wire fire curtains in roof spaces. The site was Gatwick Airport North Terminal, and i was engaged in manually removing numerous small areas for structural alterations. What is the likelihood that this would be asbestos, in a building created in the 1990’s?

Answer:-
It is very unlikely that the material contains asbestos. This type of material traditionally contained an Amphibole asbestos type by which I mean Crocidolite (Blue) or Amosite (Brown) asbestos and there was a ban on materials containing amphibole asbestos in the mid 1980’s.
The sprayed coating is probably MMMF (Man-Made-Mineral Fibre - glassfibre).
The only way to know for sure though would be through laboratory analysis of the material itself.

Question
How often does awareness training (refresher)for tradesmen need to be carried out.

Answer:-
The ACoP (Approved Code of Practice) ‘Work with materials containing asbestos (CAR2006)’ (L143) states that refresher training should be given at least every year and should be appropriate to the role undertaken. (Regulation 10 - L143 paragraph 147).

Question
if asbestos is a natural material, where does it come from?

Answer:-
Asbestos is mined in seams from various locations in the world. Serpentine Chrysotile (White) asbestos is found in places such as Canada and Russia. Amphibole Crocidolite and Amosite tend to be more commonly found in the southern hemisphere such as South Africa - indeed AMOSite actually refers to AsbestosMinesOfSouthafrica.

Question
What topics need to be covered in the awareness training?

Answer:-
Regulation 10 of the Control of Asbestos Regulations 2006 states that the awareness training should cover the following four topics in appropriate detail:-
a) The properties of asbestos and its effects on health, including the increased risk of lung cancer for asbestos workers who smoke;
b) The types, uses and likely occurrences of asbestos and ACMs in buildings and plant;
c) The general procedures to be followed to deal with an emergency, for example an uncontrolled release of asbestos dust into the workplace; and
d) How to avoid the risks from asbestos, for example for building work, no employee should carry out work which disturbs the fabric of a building unless the employer has confirmed that ACMs are not present.

(Regulation 10 - L143 paragraph 126 & 127).
The training should be provided by someone who is competent to do so, who has had adequate personal practical experience and who has a theoretical knowledge of all relevant aspects of the work being carried out by the employer.
(Regulation 10 - L143 paragraph 139).

Question
If you have new knowledge of previous exposure of employees but the exposure was well below the OES do you need brief the employees and have record on personnel files.

Answer:-
I would suggest in this case that an entry be made in an accident book so that a record is kept of the exposure incident. If it is known that the exposure was below the control limit then the record should demonstrate this.
Legislation is not retrospective, however, this advice is just to cover all the bases and ensure that a record exists.

Question
In terms of adequate training, if a client has a policy of using licensed contractors for all work with asbestos they should be covered shouldn’t they? If they do this, is there likely to be an enormously higher cost rather than using an unlicensed contractor with all the necessary controls?

Answer:-

This is an ideal situation and one that I recommend to all of my clients, if you use a suitably licensed asbestos removal contractor to remove asbestos regardless of its material type then the contractor should follow appropriate procedures. Obviously, the key is ensuring that the contractor has been vetted and routinely carries out the work correctly.
It shouldn’t cost any more as a good licensed contractor will always provide appropriate costs for non-licensable works to reflect the lower controls that they specify in their methods. In fact, if the relationship is good between the client and the contractor the costs could well be less as the contractor will already have the suitable controls at their disposal and will not need to hire equipment etc.
Always ensure that the removal contractor and the UKAS accredited analyst are employed independently. Do not instruct the removal contractor to employ the analyst. It can work the other way round, with a good UKAS accredited analyst overseeing the removal contractor, as the analyst can demonstrate their independence and integrity through the accreditation standard.

Question
For buildings outside UK that a UK company does not own but leases from a foreign landlord 1) who is the duty holder 2) if the landlord does not know if ACM is present should the temant do there own type 2 or 3 survey

Answer:-

The Control of Asbestos Regulations 2006 (CAR2006) apply to UK buildings and, as such, Regulation 4 applies to the management of asbestos in non-domestic premises in the UK.
Regulation 34 states that the regulations SHALL apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc Act 1974 apply by virtue of the Health and Safety at Work etc Act 1974 (Application Outside Great Britain) Order 2001 as they apply to work in Great Britain.
This would normally be works that are being carried out as opposed to the management of asbestos in the premises, but would extend to providing employees with information regarding hazards etc.
There would not normally be a requirement under CAR2006 for the foreign landlord to be a duty holder so I would always recommend in these circumstances that the tenant obtain the information on ACMs themselves.

Question
how/where is it disposed of?

Answer:-

Regulation 24 of the Control of Asbestos Regulations 2006 details methods for the management of waste asbestos and the transport of waste asbestos.
Asbestos is disposed of by burial in a licensed hazardous waste landfill site. For asbestos to be transported from site to the landfill it must be correctly bagged, labelled, stored and carried following the requirements of the Hazardous Waste (England and Wales) Regulations 2005, the Special Waste (Scotland) Regulations 1997 (amendments 2004) and in accordance with the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004.
(Regulation 24(2) - L143 Paragraphs 362 & 363).

Question

If I rent a (non-domestic) property, whose responsibility is it to get/pay for an asbestos survey? Mine or the landlords?

Answer:-

Regulation 4 states that a ‘Dutyholder’ means, ‘every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises…’ (Regulation 4(1)(a))
As such if the tenancy contract specifies that the tenant has the obligation to maintain and repair the premises then they would bear the responsibility of Dutyholder in a day-to-day management sense. However, the client / owner of the premises should still be informed of the presence of any ACMs (Asbestos Containing Materials) and the asbestos management processes.
If the landlord bears the responsibility of Dutyholder then they should identify the presence of ACMs on the premises and disseminate the information to the tenant.
Please note that the duty is to MANAGE the ACMs not to SURVEY. The survey can form part of the management process by identifying the ACMs but the materials will then still have to be managed.

Question

what exactly will a roofing contractor (with no asbestos licence) need to have & need in place to remove large amounts of A/C sheeting?

Answer:-

The contractor will, firstly, have to confirm that the employees carrying out the works are competent and have received training for non-licensable work in accordance with Regulation 10 of the Control of Asbestos Regulations 2006 (CAR2006). L143, the Approved Code of Practice, sets out the training needs for these persons which includes Asbestos Awareness Training and then 21 topics that will need to be covered in detail, from such things as understanding of the control limit, safe working practices, correct use of control measures, face-fit seals for RPE, decontamination procedures, waste handling procedures, emergency procedures and much much more.
(Regulation 10 - L143 Paragraphs 126-131).
On proving this level of competency the contractor would then need to carry out a suitable assessment of their work (risk assessment) (Regulation 6), and compile a suitable and sufficient plan of work detailing how they are going to carry out the works in accordance with Control of Asbestos Regulations 2006 (Regulation 7).
The plan of work must detail how they are going to prevent exposure to asbestos (Regulation 11); how they are going to prevent the spread of contamination (Regulation 16); what control measures are to be used and how they are to be maintained (Regulations 12 & 13); what protective clothing will be used and how this conforms to the regulatory requirements (including disposal) (Regulation 14); what emergency procedures they will have in place in case of an emergency occurring and defining what constitutes an emergency (Regulation 15); what level of environmental air-monitoring will be undertaken and what competency will be required from the analyst (Regulations 19 & 20); and how the waste will be stored, labelled and disposed of (Regulation 24 - and other regulation such as the Hazardous Waste etc Regulations 2006 and the Carriage of Dangerous Goods etc Regulations 2004).
Finally the roofing contractor should be able to demonstrate that they have suitable insurance for working with asbestos containing materials.

Question

I am asbestos co-ordinator in a property services department dealing with the maintenance of a very large organisation. My line manager is the Head of Department, his line manager is the managing director, who responsibility for health & safety within their remit. I am in discussion as to who is the responsible person wrt asbestos. I say it is the managing director,with my line manager being the delegated person and myself being the “day to day” manager. Is thsi correct?

Answer:-
This is a situation that I deal with very regularly and it can be very emotive when you are allocating responsibilities.
I have found that the normal chain of command would be that the Managing Director bears ultimate responsibility for the organisation and, as such, signs the asbestos policy document to say that the policies and management processes will be adhered to (as they would with the Health and Safety Management System Policy Document).
The Head of Department will probably be the ‘Dutyholder’ in accordance with Regulation 4 of the Control of Asbestos Regulations 2006 and ensures that the management processes are in place and being followed.
Your role would then be on an information chain to the Dutyholder to provide information and advice but also the Dutyholder may delegate certain tasks to you but they still maintain the responsibility.
This would all need to be defined within your management plan in a roles and responsibilities section supported by a detailed organisational chart.

Question

Do you have atemplate of an asbestos management plan

Answer:-

Not as such because every organisation is different and therefore there is not really a template to work from.
The Management Plan should detail the following:-
What - Detail what is to be managed
Where - Inspect premises and create a register
When - Action plan with target dates
How - Statement of intent, in accordance with regs
Why - Policy, the law
Who - Organisation and responsibilities
This is something that I would need to discuss on a client-by-client basis.

Question
How can the dutyholder be identified when there are landlords and tenants involved?

Answer:-

Question

When was asbestos first used in construction? When where the hazrds first known? Can it still be imported into the EEC?

Answer:-

There are a number of Questions here that would be covered over time in formal asbestos awareness training.
In short asbestos has been used for thousands of years, it was a wonder material according to the Ancient Greeks (the etymology suggests that the word Asbestos came from the Ancient Greek for ‘Unquenchable’ or similar, relating to its unquenchable fire retardant properties).
It was identified as a very cheap and effective building material over a very long period of time but found its way into buildings in the UK around the turn of the 19th to 20th century. Its popularity grew and by the time of the ‘new build’ period following the second world war to the early 1980’s it was the primary material used for fire-proofing and thermal insulation, as well as for 1001 other uses.
The risks were known certainly as far back as the 1920’s and earlier, however the real extent of the risks were revealed by a research paper released by Richard Doll and Julian Peto in 1985 where the risks of contracting mesothelioma from asbestos where made very clear.
Since 1999 there has been a complete prohibition on the importation, supply and use of all asbestos, this includes importing asbestos, using new ACMs, re-using old ACMs etc. There is only one exception to this which is the use of Chrysotile asbestos diaphragms for use in electrolytic cells in existing electrolysis plants for chloro-alkali manufacture.

Question

With regard to training under Reg 10; what would you suggest be an appropriate frequency of retraining for operatives who receive Category 2 training for non-licenced asbestos removal?

Answer:-

The ACoP (Approved Code of Practice) ‘Work with materials containing asbestos (CAR2006)’ (L143) states that refresher training should be given at least every year and should be appropriate to the role undertaken. (Regulation 10 - L143 paragraph 147).

Question

When floor tiles are removed does an air clearance need doing?

Answer:-

In short, no air clearance does NOT need to be done and is completely unnecessary. HOWEVER the ACoP (Approved Code of Practice) ‘Work with materials containing asbestos (CAR2006)’ (L143) does state that ‘all visible traces of asbestos dust and debris should be removed and a thorough VISUAL INSPECTION carried out’
(Regulation 17 - L143 paragraph 284).

Question
is burial of ACM on site a suitable method of disposal?

Answer:-

NO!!

Regulation 24 of the Control of Asbestos Regulations 2006 details methods for the management of waste asbestos and the transport of waste asbestos.
Asbestos is disposed of by burial in a LICENSED hazardous waste landfill site. For asbestos to be transported from site to the landfill it must be correctly bagged, labelled, stored and carried following the requirements of the Hazardous Waste (England and Wales) Regulations 2005, the Special Waste (Scotland) Regulations 1997 (amendments 2004) and in accordance with the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004.
(Regulation 24(2) - L143 Paragraphs 362 & 363).