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North Lanarkshire Council Environmental Health Section 1 and The Health and Safety Executive

Objective To introduce you to the changes in the law on asbestos which introduce the duty to manage asbestos in non-domestic premises.

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New Duty  Control

of Asbestos at Work Regulations 2002.

 New

duty - Regulation 4.

 Compliance

by May 2004.

3

What is asbestos? •

Asbestos is a naturally occurring mineral.



Has many uses: • fireproofing • insulation But can be deadly.

• •

Three most commonly found types: •chrysotile •amosite

(‘white asbestos’)

(‘brown asbestos’)

•crocidolite (‘blue asbestos’)

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Why is asbestos harmful? •

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



The fibres lodge in the lungs and do not dissolve. Blue and brown can be even more hazardous than white.





Inhaling asbestos fibres can lead to three main diseases: •asbestosis •lung cancer •mesothelioma

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ASBESTOSIS  Heavy

and regular exposure.  Incurable.  Restricts

lung function.

 Increased

risk of lung cancer.

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LUNG CANCER  Smoking

multiplies risk.

 Smoker

15 times more likely to suffer lung cancer.

 Smoking

asbestos worker 75 times more likely to suffer lung cancer.

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MESOTHELIOMA  Caused

by all kinds but particularly blue asbestos.  Form of cancer.  Small

dose required.  Incurable, painful.  20- 40 years from exposure to development.  Deaths estimated to peak at 2500 between 2011 and 2015. 8

Why is it still a problem? Between 1950s and 1980s asbestos used extensively in UK as building material. • Use continued until 1999.



Thousands of tonnes of asbestos still remaining in buildings. • About half a million non-domestic premises may contain asbestos.



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Which premises could contain asbestos? •

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

Shops. Factories. Offices. Farms. Hospitals. Domestic premises. 10

Examples of asbestos in buildings

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Asbestos cement

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Sprayed asbestos

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Sprayed asbestos

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Lagging

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Asbestos insulating board

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Asbestos insulating board

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Asbestos textiles

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Asbestos Uses (cont.) •

electrical insulation



floor tiles



paper and cardboard



decorative textural coatings

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Why are people at risk? • •

• •

Only harmful if fibres are released into the air. cutting, machinery, removal, drilling, sawing, repair/replacement, unintentional damage. People may have been unknowingly exposed to asbestos. Previous regulations did not cover those people who could come into contact with asbestos unknowingly. 20

Who are these people? • • • • • •

Heating and ventilation engineers. Roofing contractors. Fire and burglar alarm installers. General maintenance staff. Electricians. Plumbers.

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• • • • • •

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

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What has been done already? •

• •

1998: Amendment of the Control of Asbestos at Work Regulations (CAWR): • expanded their scope to cover incidental exposures to asbestos; and • made it clear that CAWR applied to all workers who might come into contact with asbestos. 1998: Amendment to the Asbestos (Licensing) Regulations. 1999: Asbestos (Prohibitions) Regulations.

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





The duty will greatly contribute to reducing fatalities by 4700 this century. 23

Who will have the duty? •

• • •

Those with a contractual obligation in relation to maintenance and/or repair of premises – could include owners, occupiers, managing agents and others. Person ‘in control’ where no contract or tenancy agreement exists. There may be joint control. Every person shall cooperate with duty holders to enable them to comply with their duties.

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Where does the duty apply? •

All non-domestic premises.



The common parts of domestic premises.



Doesn’t apply to domestic premises themselves. 25

Assessing whether premises contain asbestos •

Take reasonable steps to identify ACMs in premises by: • looking

at building plans etc.;

• consulting • carrying

• • •

others, e.g. architects, employees;

out a thorough inspection of the premises.

Assess the condition of these materials. Record the findings. Can be carried out in-house or by a specialist surveyor. 26

Identifying asbestos Presume asbestos. • Conclude it is not asbestos (requires strong evidence). OR • Establish identity by sampling. OR • A combination of all of the above. •

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Assessing the risk: Decisions •

If in good condition: • •



leave it in place; and introduce a management system.

If in poor condition: • •

seal it or enclose it; or remove it.

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Assessing the risk: Decisions •Attention!! • • •

Damaged asbestos is likely to release fibres into the air. Need to take immediate action to protect people. Licensed asbestos contractor may be necessary.

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Assessing the risk: Action Prepare and implement a written action plan. • When materials are to remain in premises:



• inform

others of their location and condition; • carry out regular checks on the condition of the material; and • review and revise the plan and update the asbestos record as necessary. 30

What are the consequences of poor management? • Asbestos is very useful but also harmful if • • •

fibres are released. 3000 people die each year from asbestosrelated diseases and 25% of these have worked in building trades. A bad survey is potentially worse than no survey at all. Enforcement action.

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How are the Regulations going to be implemented? • Local Authorities, i.e. Environmental Health Officers.

• Health and Safety Executive.

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Summary • New Regulations in August 2002. • 18 month lead-in period for duty holders to comply. Start now. Don’t panic.

• • • HSE is producing guidance. • Aim is to reduce ill health in maintenance workers.

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North Lanarkshire Council Environmental Health Section and The Health and Safety Executive With special thanks to SOUTH AYRSHIRE COUNCIL who34edited the original presentation and added the commentary

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