“Duty to Manage”

Steve Shutler BSc(Hons), MCIEH, CMIOSH, CCP(Asbestos)

Director SB Asbestos Management Ltd

Duty to Manage

Making sure that no one comes to any harm from asbestos while on your premises

• Occupants• Maintenance and Trades Persons• Public at Large

The Requirement to “Manage”

The Legal Framework

• The Control of Asbestos Regulations 2012

• HSE “ACoP” – L143 (Second Edition)• Two HSE “Guidance” Publications A “Short” Guide - INDG 223 (Rev 3) A “Comprehensive” Guide - HSG 227

L143

HSG 227

The Duty HolderReg 4(1)

(a) Contractually responsible for maintenance or repair

(b) Control of the premises or means of access / egress

Regulation 4- Summary(a) Reasonable steps to find ACMs and check condition(b) Presume materials contain asbestos – unless strong evidence to suppose they do not

(c) Make a written record of locations and keep record up to date(d) Assess risk of anyone being exposed

(e) Prepare a written plan to manage the risk …>>>>>

ACoP Para 112

Written Plan …to ensure:

ACMS / Presumed ACMS are kept in a good state of repair

Repaired and protected if vulnerable to damage – or removed

Information on location and condition given to anyone liable to disturb the ACM or is otherwise at risk

Regulation 4- Summary(a) Reasonable steps to find ACMs and check condition(b) Presume materials contain asbestos – unless strong evidence to suppose they do not

(c) Make a written record of locations and keep record up to date(d) Assess risk of anyone being exposed

(e) Prepare a plan to manage the risk

Using the Guide

Green boxes

Clients/Dutyholders

Blue boxes

Surveyors

Managing Asbestos -Appointed Person (14)

• Duty holder to identify a person responsible for managing asbestos – clear lines of responsibility• Resources, skills, training, authority• Essential if large/complex portfolio

Surveyors

1. Training, qualifications and knowledge2. Knowledge specific to task3. Independent, impartial, integrity4. QM system5. Surveys to approved standard – ie HSG

2646. Recommends Accredited/Certificated

Surveyor

Part 3 – Asbestos Surveys

Survey Types

1 Presumptive

2 Sampling

3 Full Access

Survey Types

1 Management Survey

2 Refurb/Demo Survey

Presumption NON ASBESTOS

• Non asbestos in original spec• Very unlikely eg wallpaper• Post 1985 amphibole ACM• Post 1990 “Artex”

Management Surveys

• Survey AFARP• Normal occupancy and foreseeable maintenance• Minor intrusive work• Includes “Material Risk Assessment”

Refurb/Demo Surveys

• Includes difficult to reach areas• Aggressive so appropriate precautions• May need post survey certification

Duty Holder’s Responsibilities

• Check accuracy of report• Produce the AMP• Keep things updated• Make the information available

Location Product TypeExtent

M²

Accessibility Extent ofDamage

SurfaceTreatment

Asbestos Type

Sampled/ Presumed/ StronglyPresumed

Sample no.

MaterialAssessment Score

PriorityAssessment Score

Total RiskScore

Unit 6 (MDL Workshop) all electrical switchgear, woven flash guards

Woven Asbestos <10 Difficult Good Sealed Chrysotile SP SP1 4 3 7

Unit 3 (Chandlery), exterior gable end above front entrance, corrugated cement sheets

AC 50+ Difficult Good Sealed Chrysotile S 1577/07 3 1 4

Unit 4 (Hayling sea school), exterior gable end, corrugated cement sheets

AC 50+ Difficult Good Sealed Chrysotile SP SP2 3 1 4

Units 14, 13 and 10, exterior roof, cement sheets

AC 50+ Difficult Low Unsealed Chrysotile S 1577/09 4 1 5

Unit 10 (H.G.F.R), workshop roof, roof and gable ends, cement sheets

AC 50+ Difficult Low Unsealed Chrysotile S 1577/11 4 7 11

Unit 9 (The Contemporary home), warehouse, roof and wall, corrugated cement sheets

AC 50+ Difficult Low Unsealed Chrysotile SP SP3 4 7 11

Unit 16A (ex – Piranha ribs), main office floor, floor tiles

Asbestos Thermoplastic Floor Tile

50+ Difficult Good Composite Chrysotile S 1577/12 2 3 5

Regulation 4- Summary(a) Reasonable steps to find ACMs and check condition(b) Presume materials contain asbestos – unless strong evidence to suppose they do not

(c) Make a written record of locations and keep record up to date(d) Assess risk of anyone being exposed

(e) Prepare a plan to manage the risk

Assessment

• Material assessment - Ability to release airborne fibres

• Priority assessment - Human risk factors – Potential for people to be exposed

Material Assessment

• Product type

• Extent of damage or deterioration

• Surface treatment (if any)• Asbestos type

Score between 2 & 12

• 10 + high potential• 7-9 medium potential• 5-6 low potential• <4 very low potential

Material Assessment

Priority Assessment

• Normal occupant activity

• Likelihood of disturbance (location: accessibility: extent/amount)

• Human exposure potential (number of occupants: frequency of use: average time area in use)

• Maintenance activity (type of maintenance: frequency)

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Location Product TypeExtent

M²

Accessibility Extent ofDamage

SurfaceTreatment

Asbestos Type

Sampled/ Presumed/ StronglyPresumed

Sample no.

MaterialAssessment Score

PriorityAssessment Score

Total RiskScore

Unit 6 (MDL Workshop) all electrical switchgear, woven flash guards

Woven Asbestos <10 Difficult Good Sealed Chrysotile SP SP1 4 3 7

Unit 3 (Chandlery), exterior gable end above front entrance, corrugated cement sheets

AC 50+ Difficult Good Sealed Chrysotile S 1577/07 3 1 4

Unit 4 (Hayling sea school), exterior gable end, corrugated cement sheets

AC 50+ Difficult Good Sealed Chrysotile SP SP2 3 1 4

Units 14, 13 and 10, exterior roof, cement sheets

AC 50+ Difficult Low Unsealed Chrysotile S 1577/09 4 1 5

Unit 10 (H.G.F.R), workshop roof, roof and gable ends, cement sheets

AC 50+ Difficult Low Unsealed Chrysotile S 1577/11 4 7 11

Unit 9 (The Contemporary home), warehouse, roof and wall, corrugated cement sheets

AC 50+ Difficult Low Unsealed Chrysotile SP SP3 4 7 11

Unit 16A (ex – Piranha ribs), main office floor, floor tiles

Asbestos Thermoplastic Floor Tile

50+ Difficult Good Composite Chrysotile S 1577/12 2 3 5

Potential Risk Bands

1. High 18+2. Medium 12 – 173. Low 11 – 54. V Low < 4

High Potential Risk

• 1) Complete removal.• 2) Encapsulation, sealing or other

protection including marking with appropriate warning labels.

• 3) Decontamination works.• 4) Close monitoring of condition and

potential for persons to be exposed to airborne asbestos fibres. (This may involve air sampling adjacent to the material to determine whether airborne asbestos fibres are being released).

Medium Potential Risk

• The condition of any material in the 'medium' category requires regular monitoring and a programme of encapsulation or removal may well be appropriate in the medium to long term.

Low Potential Risk

• 'Low' risk category materials are generally not considered to cause any immediate concern and are unlikely to present any significant risk under reasonably foreseeable circumstances. Periodic condition monitoring is however advisable.

Very Low Potential Risk

• 'Very Low' risk category materials are generally of a cement, resin or plastic based material and are not considered to cause any immediate concern, as these are unlikely to present any significant risk under reasonably foreseeable circumstances. Periodic condition monitoring is however advisable

Example Assessments

External Chrysotile cement panelsbelow windows in office block.Good condition.

M = 2

P = 3

5

Crocidolite insulating board wallpanels in classroom. Significantdamage.

M = 10

P = 9

19

Regulation 4- Summary(a) Reasonable steps to find ACMs and check condition(b) Presume materials contain asbestos – unless strong evidence to suppose they do not

(c) Make a written record of locations and keep record up to date(d) Assess risk of anyone being exposed

(e) Prepare a plan to manage the risk

Making The Management Plan

“ The management plan should set out how the risks identified from asbestos will be managed. Details should include:”

ACoP para 129

Details (ACoP)

• Identify persons responsible for managing the risk

• Asbestos register information

• Instruction that work on the fabric of the building cannot start without first checking the register – including the procedures

• Work identified from the risk assessments (repairs, protection, removal)

• Condition monitoring schedule

• Communication arrangements for the plan

• Contingency arrangements if responsible person unavailable

Actioning The Management Plan (ACoP)

• Dutyholder should ensure that the plan is implemented

• Prioritise actions with high priority for damaged / potential disturbance

• Obtain specialist advice if necessary

• Procedures & responsibilities to ensure information is share

• Available on site and kept up to date

• Work should only start when the dutyholder is sure information is known and understood and that the information is easily accessible

Review and Updating (ACoP)

• Minimum 12 monthly review and if circumstances change

• ACMs inspected and assessed “periodically” location condition occupancy instances of failures

• Periodic checks (audits)

• Communication – including to emergency services

Bernard Coulombe, the President of Jeffery Mine Inc. “We have 200 million tonnes of proven ore reserves. It's good for the next 50 years,”