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Wednesday, 7 January, 2009, 12:32
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Asbestos
 
 
 

What is asbestos?

 
Asbestos was used extensively as a building material in Great Britain from the 1950s through to the mid-1980s. It was used for a variety of different purposes and was ideal for fireproofing and insulation. Any type of building built before 2000 (houses, factories, offices, schools, hospitals etc) could contain asbestos. Asbestos materials in good condition are safe unless the asbestos fibres become airborne, which happens when the materials are damaged. Half a million commercial buildings still contain asbestos.
 
 

Why is it problem?

 
Asbestos fibres are present everywhere in the environment in Great Britain so everyone is constantly exposed to very low levels of fibres. However, a key factor in the risk of developing an asbestos-related disease is the total number of fibres breathed in. So there is a possibility that being exposed to asbestos fibres for a short period of time can cause cancer. Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels, could increase your chances of getting an asbestos-related disease.
 
When these fibres are inhaled they can cause serious diseases which are responsible for around 4000 deaths a year. There are three main diseases caused by asbestos: mesothelioma (which is always fatal), lung cancer (almost always fatal) and asbestosis (not always fatal, but it can be very debilitating).
 
Remember, these diseases will not affect you immediately but later on in life, so there is a need for you to protect yourself now to prevent you contracting an asbestos-related disease in the future. It is also important to remember that people who smoke and are also exposed to asbestos fibres are at a much greater risk of developing lung cancer.
 
 
Who is at risk?
 
Anyone who uses your premises, who disturbs asbestos that has deteriorated or been damaged and is releasing fibres, can be at risk. In fact, anyone whose work involves drilling, sawing or cutting into the fabric of premises could potentially be at risk. They may all breathe in asbestos fibres during their day-to-day work. It is now thought possible that repeated low exposures, such as those which could occur during routine repair work, may also lead to cancers.
 
The scientific evidence on exactly what exposures cause disease is unclear. But we do know the more asbestos fibres breathed in, the greater the risk to health. That is why it is important that ACMs are identified and that everyone who works with them should take appropriate precautions.
 
Workers at particular risk include those who carry out maintenance and repair jobs such as cutting or drilling into walls, ceilings or partitions; repairing boilers; laying cables. This can include:
 
  • construction and demolition contractors, roofers, electricians, painters and decorators, joiners, plumbers, gas fitters, plasterers, shop fitters, heating and ventilation engineers, and surveyors;
  • electronics: phone and information technology engineers, alarm installers;
  • general maintenance engineers
 
 
What is required by law?
 
If you are responsible for managing the maintenance and repair of a building, you must manage any asbestos in it. As well as protecting people from exposure to asbestos fibres, you have a legal duty to manage asbestos (under regulation 4 of the Control of Asbestos Regulations 2006).
 
 
Does the duty to manage asbestos affect me?
 
Yes, if you are responsible for maintenance and repairs. You are a ‘dutyholder’ if:
 
  • you own the building;
  • you are responsible through a contract or tenancy agreement;
  • there is no formal contract or agreement but you have control of the building;
  • in a multi-occupied building, you are the owner and have taken responsibility for maintenance and repairs for the whole building.
 
If you are unsure whether you are a dutyholder - seek professional advice.
 
If you are not the dutyholder, but have information about the building, you must co-operate with the dutyholder, eg landlords must pass on relevant information to new tenants, and leaseholders must allow access for inspection by managing agents.
 
 
What buildings are affected?
 
  • All non-domestic buildings, whatever the type of business.
  • The common areas of residential rented buildings, eg halls, stair wells, lift shafts, roof spaces.
 
 

The duty to manage

 
The duty to manage asbestos requires the person who has the duty (ie the “dutyholder”) to:
 
  • take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in;
  • presume materials contain asbestos unless there is strong evidence that they do not;
  • make, and keep up-to-date, a record of the location and condition of the asbestos containing materials – or materials which are presumed to contain asbestos;
  • assess the risk of anyone being exposed to fibres from the materials identified;
  • prepare a plan that sets out in detail how the risks from these materials will be managed;
  • take the necessary steps to put the plan into action;
  • periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date; and
  • provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
 
There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements.
 
 
How do I comply with the duty to manage?
 
There are three essential steps:
 
  • find out whether the premises contains asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos;
  • assess the risk; and
  • make a plan to manage that risk and act on it.
 
Here are some basic principles to remember:
 
  • asbestos is only dangerous when disturbed. If it is safely managed and contained, it doesn’t present a health hazard;
  • don’t remove asbestos unnecessarily – removing it can be more dangerous than leaving it in place and managing it;
  • not all asbestos materials present the same risk. The measures that need to be taken for controlling the risks from materials such as pipe insulation are different from those needed in relation to asbestos cement;
  • don’t assume you need to bring in a specialist in every case (for example, you can inspect your own building rather than employ a surveyor). But, if you do, make sure they are competent.
  • if you are unsure about whether certain materials contain asbestos, you can presume they do and treat them as such;
  • remember that the duty to manage is all about putting in place the practical steps necessary to protect maintenance workers and others from the risk of exposure to asbestos fibres. It is not about removing all asbestos.
 
If any ACMs need to be sealed, encapsulated or removed, remember you will need to employ a licensed contractor if the materials are high risk (eg pipe insulation and asbestos insulating panels). If the materials are lower risk (eg asbestos cement) then an unlicensed but competent contractor may carry out this work. For further details look at the HSE website (link below).
 
 
Where is asbestos found in buildings?
 
Some ACMs are more vulnerable to damage and more likely to give off fibres than others.
 
You are most likely to come across asbestos in these materials:
 
  • sprayed asbestos and asbestos loose packing - generally used as fire breaks in ceiling voids;
  • moulded or preformed lagging - generally used in thermal insulation of pipes and boilers;
  • sprayed asbestos - generally used as fire protection in ducts, firebreaks, panels, partitions, soffit boards, ceiling panels and around structural steel work;
  • insulating boards used for fire protection, thermal insulation, partitioning and ducts;
  • some ceiling tiles;
  • millboard, paper and paper products used for insulation of electrical equipment. Asbestos paper has also been used as a fire-proof facing on wood fibreboard;
  • asbestos cement products, which can be fully or semi-compressed into flat or corrugated sheets. Corrugated sheets are largely used.
 
 
Surveys
 
Remember, it’s ‘duty to manage’ not ‘duty to survey’ but you may wish to employ a surveyor to comply with this requirement.
 

Types of survey

 

Type 1: Location and assessment survey (presumptive survey)

 
In this type of survey no actual sampling is carried out, so there is no positive identification of ACMs. However, the purpose of the survey is to locate, as far as reasonably practicable, presumed ACMs and assess the extent to which they were used and their condition. In this case, you may find that you are bearing the cost for managing materials that do not contain asbestos, as you are presuming that any material, which can reasonably be expected to contain asbestos, does so, and treating it as such for future work. In this case you can only exclude materials if you are completely confident that they do not contain asbestos ie glass, metal or wood (although asbestos may be hidden by them).
 
During this survey, all areas should be inspected as far as reasonably practicable or else must be presumed to contain asbestos. The condition of all materials which are presumed to be asbestos must be assessed.
 

Type 2: Standard sampling, identification and assessment survey (sampling survey)

 
The procedures used for this type of survey are the same as for a type 1, however in this case
representative samples of the ACMs are collected and analysed to confirm or refute the suspected presence of asbestos. Sampling may take place simultaneously with the survey or be carried out after the type 1 survey is complete. Condition of the ACMs in question must also be assessed.
 

Type 3: Full access sampling and identification survey (pre-demolition/major refurbishment survey)

 
This survey may involve destructive inspection to gain access to all areas of the building to locate and describe, as far as reasonably practicable, all ACMs in the building. A full sampling programme is undertaken to identify ACMs and the extent to which they are used (volume and surface area). This type of survey is designed to be used as a basis for tendering the removal of ACMs before demolition or major refurbishment so an assessment of the condition of ACMs present is not necessary.
 
 

Selection of a surveyor

 
First, make sure that appointing such a person or organisation is how you wish to comply with the need to manage asbestos in your premises. Remember - you may find it more appropriate to carry out the inspection in-house.
 
If you are sure you want to appoint a person or organisation to carry out a survey, you should as a minimum:
 
  • Ask for evidence of their training and experience in such work;
  • Check that they are going to carry out the survey in accordance with the HSE guidance MDHS100 ; and
  • Ask for evidence that they have suitable liability insurance.
 
 

Accreditation/certification of surveyors

 
You can check whether an organisation has the appropriate training and experience by finding out if it is approved by a recognised accreditation body as complying with the standard ISO 17020. If it is an individual surveyor you wish to appoint, you can check whether he or she has personnel certification for asbestos surveys from a certification body which has been approved by a recognised accreditation body under the standard ISO 17024. In addition, you will need to check which of the three types of survey set out above the organisation or individual surveyor is qualified to carry out.
 
Further information about accreditation to these standards can be obtained from the United Kingdom Accreditation Service (UKAS), which is the sole recognised accreditation body in Great Britain. HSE strongly recommends that an accredited surveyor is used for carrying out asbestos surveys.
In addition to this there are two personnel certification schemes which have been developed for individuals that undertake asbestos surveys. For further information on these schemes visit www.abics.org. and www.niacs.org.uk.
 
 
Checklist - duty to manage
 
  • Find You must check if materials containing asbestos are present
 
  • Condition You must check what condition the material is in
 
  • Presume You must assume the material contains asbestos unless you have strong evidence that it does not
 
  • Identify If you are planning to have maintenance or refurbishment of the building carried out or the material is in poor condition, you may wish to arrange for the material to be sampled and identified by a specialist
 
  • Record Record the location and condition of the material on a plan or drawing
 
  • Assess You must decide if the condition or the location means the material is likely to be disturbed
 
  • Plan Prepare and implement a plan to manage these risks
 
 
Further Information/References
 
 
 
‘A short guide to managing asbestos’.ISBN 0 7176 2564 8. 9/02. HSE.