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Asbestos Legislation Steve Shutler BSc(Hons), MCIEH, CMIOSH, CCP(Asbestos) Director SB Asbestos Management Ltd. Legislation. Statutory Nuisance / Defective Premises Act / Housing Act 2004 – Fitness Standard General health & safety legislation Asbestos specific regulations. Legislation.

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Presentation Transcript
slide1
Asbestos Legislation

Steve ShutlerBSc(Hons), MCIEH, CMIOSH, CCP(Asbestos)

Director SB Asbestos Management Ltd

legislation
Legislation
  • Statutory Nuisance / Defective Premises Act / Housing Act 2004 – Fitness Standard
  • General health & safety legislation
  • Asbestos specific regulations
legislation1
Legislation
  • General Health and Safety Legislation
    • Health and Safety at Work etc Act 1974
    • The Management of Health and Safety at Work Regulations 1999
    • The Construction (Design and Management) Regulations 2007
cdm regs

CDM Regs

“It is not acceptable to make general reference to hazards that may exist”

“site – specific asbestos surveys should be carried out in advance of construction work”

the control of asbestos regulations 2012
1 Citation & Commencement

2 Interpretation

3 Application

4 Management

5 Identification

6/7 Assessment & Plans

8 Licensing

9 Notification

10 Training

11 Prevention/Reduction

12/13 Control Measures

14 Protective Clothing

15 Incidents

16EnvContam

17 Cleanliness

18 Designated Areas

19 Air Monitoring

The Control of Asbestos Regulations 2012

20 Air testing standards

21 Bulk testing standards

22Medical surveillance

23 Washing/Changing facilities

24 Waste

25 – 31 Prohibitions

32 – 37 Miscellaneous

slide7

Duty to Manage

Training

Identify Asbestos Before Work

Working with Asbestos

Prevent Exposure (Reduce AFARP)

Prevent Spread (Reduce AFARP)

Some (Most) Work is Licensable

asbestos legislation
Asbestos Legislation

The Control of Asbestos Regulations 2012

and Approved Code of Practice

HSE Guidance Notes - HSG

training requirements reg 10
Training RequirementsReg 10
  • Those liable to be exposed and those who supervise
  • (1) Asbestos Awareness – tradesmen, installation engineers, surveyors
  • (2) Non Licensed Workers
  • (3) Licensed Workers
duty to identify asbestos before work starts reg 5
Duty to Identify Asbestos Before Work Starts – Reg 5
  • An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either –
  • carried out assessment or if in doubt
  • assumes asbestos is present and observes the provisions of the regulations
material risk

“Material Risk”

Willmott Dixon appeal

- Any work with asbestos presents a “material risk” irrespective of the number of fibres released (if any) or the length of exposure.

definitions r2
Definitions (R2)

Asbestos Cement

material predominantly cement and chrysotile……. < 30% water

Asbestos Insulating Board

Flat tile, building board – mixture of asbestos and other material except ...AC, Bitumen .....

slide16

Asbestos

Insulating Board

“AIB”

“Asbestolux”

definitions r21
Definitions (R2)

Asbestos Coating

surface coating, contains asbestos for fire protection, heat insulation, sound insulation but NOT textured coating

Asbestos Insulation

asbestos – thermal, acoustic or other insulation purposes – inc fire protection except

AC, AIB, bitumen ....

fibre levels

Fibre Levels

Sporadic & Low Intensity Exposure

– 0.6 f/ml over 10 minutes

Control Limit – 0.1 f/ml over 4 hours

definitions r22
Definitions (R2)

Licensable Work with Asbestos ..... Is work

Not sporadic and low intensity or

Can not demonstrate < control limit or

On an Asbestos coating or

On AIB or Insulation

Not SLI &

> CL &

Not short duration

nnlw factors

NNLW - Factors

1 Type of Work

Maintenance, Removal, Encapsulation

2 Material Type

Friable, Bonded (relevant to Removal Only)

3 Condition

Prior Damage, Destroyed When Worked Upon

slide31
NNLW – Examplesassuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit

minor removal work involving AIB, when short duration and as part of a refurbishment project, e.g. removing AIB panels fixed with screws following water damage

slide32
NNLW – Examplesassuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit

removal work involving textured decorative coatings where the method of removal requires deterioration of the material, or where it is very badly flood-damaged

slide33
NotNNLW assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit

removal of AC, which is kept virtually intact

slide34
NotNNLW assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit

removalof floor tiles or bitumen felt

notifiable non licensed work nnlw

NOTIFIABLE Non Licensed Work NNLW……..

Notify jobs

Medical examinations for workers (April 2015 – then every 3 yrs)

Maintain worker health records

Designate Area

working safely with asbestos

Working Safely with Asbestos

Work Not Requiring a Licence

working safely with asbestos1

Working Safely with Asbestos

Work Which Requires a Licence