Copyright. Asbestos in the 21 st Century. GOSH and ACS. The Programme. Refurbishment & Demolition Works Prof R J Willey

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1 Asbestos in the 21 st Century GOSH and ACS Refurbishment & Demolition Works Prof R J Willey BSc (Hons), PhD, FInstP, FIOSH, OSHcr, FRSA Roger Willey 2012 Copyright This presentation is the subject of copyright and must not be copied, distributed, stored or sold in any form without the written permission of the copyright holder. By continuing your viewing of this presentation past this page you are deemed to have accepted the terms of the copyright. The Programme Asbestos Diseases & the Duty to Manage Asbestos Information: how to get it What to do with the information. What happened in April 2012? 1

2 Section 1 Asbestos Diseases and the Duty to Manage What is Asbestos? A FAMILY NAME GIVEN TO THE FIBOUS FORMS OF A GROUP OF NATURALLY OCCURING MINERAL SILICATE FIBRES. Why was it used? Good insulator against: Heat, electricity, noise, vibration. Impervious to attack by: Acid, weather, vermin Cheap to produce and import 2

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6 COMMON LOCATIONS IN PUBLIC SECTOR HOUSING 6

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9 Who is most affected? Not often a problem in privately built houses/buildings A significant problem in publicly funded housing stock/buildings. Therefore, a significant problem for L.A., H.A., NHS, Edn. Est., MOD, etc - especially when built in 1950 s, 60 s, 70 s and early 80 s. Public Sector Housing 9

10 Prof Seaton (Aberdeen Univ) We are surrounded by asbestos products. Post mortem studies show that more than 60% of people in the UK have asbestos fibres in their lungs at point of death (100% in our urban environments) It was nothing to do with cause of death. What are the risks? INHALATION OF ASBESTOS FIBRES CAN LEAD TO: ASBESTOSIS MASSIVE OVER EXPOSURE LUNG CANCER MESOTHELIOMA LOW LEVEL LATENT PERIOD BETWEEN YRS, typically 25/35 Asbestos: how dangerous? HSE PROJECTIONS FOR ENGLAND & WALES TYPES OF DEATH NUMBERS HEART DISEASE CANCER RESPIRATORY DISEASE HOME ACCIDENTS SUICIDES ROAD ACCIDENTS WORK ACCIDENTS 174 ASBESTOS DEATHS

11 Perceived v Real Risk There are people in the UK At least 60% have asbestos fibres in their lungs (Prof Seaton) There are at least people in the UK with asbestos fibre in their lungs If ONE fibre kills then ALL of these would die of asbestos related disease Perceived v Real Risk If ONE fibre kills then die On average 30 years between exposure and death Therefore asbestos related deaths per annum Perceived v Real Risk Theory Experiment The Scientific Age compare One of them is wrong The experimental results come from post mortem studies: must be correct Prediction must be wrong i.e. theory is wrong 11

12 Perceived v Real risk ONE fibre kills? I think not!!!!!! The 21 st Century Problem Asbestos related deaths Deaths were relatively constant at about 2000 per annum for many years. Death rate has more than doubled in the past few years. Up from 2000 to just over 4100 last year (2010) 12

13 The PETO prediction THE NUMBER OF ASBESTOS DEATHS WILL RAPIDLY INCREASE OVER THE NEXT DECADE. PEAK COULD BE AS HIGH AS 7500 P.A. (UP FROM 2000 P.A.) Deaths Year Who are these people? The additional deaths occur NOT in the conventional group e.g. heavy industry. Deaths occur primarily in tradesman e.g. electricians, plumbers, carpenters. Largest single group is tradesmen working for L.A. s We need new asbestos regulations to protect these people. HSE Asbestos Campaign 2008 on 13

14 HSE Asbestos Campaign 2008 on HSE Asbestos Campaign 2008 on Roger s Mesothelioma Cycle 14

15 Roger s Mesothelioma Cycle break here The Asbestos Regulations Nov 2002 (no difference CAR 2006 or CAR 2012) Exactly same as old Regulations (1987), except for Regulation 4 - effective May 2004 (note the time gap) Reg. 4 : duty to manage asbestos in premises. Duty is for non-domestic premises only except common areas (do not forget Duty of Care of the HASAWA) The Duty? This is a Duty to Manage, not just a Duty to Survey. Carry out the survey (capture the information) Give the information to the tradesman before the asbestos is disturbed. 15

16 What needs to be done? management plan to give the information to tradesmen before they start work. management plan to prevent work without the information Domestic Premises? There is no Regulation 4 i.e. Duty to Manage However, there is a Duty of Care under the HASAWA 1974 Example of the heating cupboard Who is the Duty Holder? Very crudely: the person who commissions the work Example 1 ACS at Clutha House Example 2 ACS at the Claremont Centre 16

17 The Duty Holder? Stop and think Who is the Duty Holder in your organisation? Are they defined? Do they have defined responsibilities? Are they trained properly? Section 2 Asbestos Information: how to get it The Asbestos Survey The asbestos survey and the asbestos register are critical in providing information: (a) for the safe management of the building and its occupants, (b) for the safe management of tradesmen and construction workers 17

18 The Asbestos Survey Now critical that everyone is singing from the same hymn sheet i.e. a standard procedure. Hence the introduction of MDHS 100: Surveying, sampling and assessment of asbestos containing materials (2001) Types of Survey (MDHS 100) Type 1 visual inspection only Type 2 sample suspect materials Type 3 intrusive sampling Virtually all people have Type2 surveys What Happened? Lots of asbestos survey organisations, some very dubious. Suspect surveyors, suspect systems. Very poor quality surveys carried out. Asbestos materials missed. Wrongly identified Wrongly classified Poor advice to clients 18

19 The Asbestos Survey What happened next? HSE Investigation. 65% of surveys not fit for purpose. What happened after that? Replacement of MDHS 100 with HSG 264 Asbestos: The survey guide (2010) HSG 264 Some changes for survey organisations. Significant changes for clients/duty Holders. Document really aimed at the Duty Holder The Asbestos Survey Some new names: Type 1 has disappeared. Management survey Refurbishment or Demolition survey. 19

20 The Management Survey A Management Survey is the standard survey. Locate as far as is reasonably practicable the presence and extent of any suspect ACMs which could be damaged/disturbed during normal occupancy, maintenance, and installation. Assess their condition The Refurbishment or Demolition Survey This is needed before any refurbishment or demolition work is carried out. Fully intrusive and involves destructive inspection, as necessary, including areas difficult to reach. The Refurbishment or Demolition Survey Disruptive and fully intrusive. (Section 53) Should only be conducted in unoccupied areas (ideally building not in service). Under no circumstances should staff remain in rooms when intrusive sampling is being undertaken. Area must be shown to be fit for re-occupation visual inspection - if appropriate: air testing. 20

21 Do we need a Survey? Section 37- areas not accessed or not inspected must be presumed to contain asbestos, unless there is evidence that it does not. Do we need a Survey? Section 38 non-asbestos substitute materials specified by architect/q.s. (plans) Unlikely to contain asbestos: wallpaper, plaster board, etc >1985 for AIB >1990 for decorative coatings >1999 building construction Who does the Survey? Can be in-house personnel or 3 rd party Surveyor MUST be competent. 21

22 Who does the Survey? Section 17 HSE strongly recommends the use of accredited or certified surveyors. The Duty Holder should not appoint or instruct an independent surveyor to carry out a survey unless the surveyor is competent. Who does the Survey? Either UKAS accredited to ISO (note ISO 9001 is NOT sufficient) Or Personal certification (sole traders/very small companies) ABICS scheme (Asbestos Building Inspection Personal Certification Scheme) Who does the Survey? The ABICS scheme has collapsed. The only route now to demonstrate competence is via UKAS accreditation. 22

23 What do we Survey? In the non-domestic sector HSE expect every building to be surveyed on an individual basis. In the domestic sector L.A. s and H.A.s have very large numbers of properties. What is reasonable and practicable? Do Remember Section 38 non-asbestos substitute materials specified by architect/q.s. (plans) Unlikely to contain asbestos: wallpaper, plaster board, etc >1985 for AIB >1990 for decorative coatings >1999 construction Surveys in the Domestic Sector A proportion of properties in each archetype should be surveyed. Exact sampling ratios can not be specified. (HSE suggest starting at 5% of each group) Keep surveying each group until results demonstrate consistency. 23

24 A little bit of legislation Asbestos Categories Asbestos insulation Asbestos insulating board Asbestos cement Asbestos vinyl tiles Textured coatings (artex) Asbestos rope Asbestos gaskets Classification of Materials 24

25 The Risk Risk depends on the amount of fibres you can breath in i.e. the airborne fibre concentration in f/cc. The Clearance Indicator is less than f/cc The Risk Limpet f/cc HIGH AI f/cc HIGH AIB 2 20 f/cc MED AC usually less than 0.5 f/cc LOW AVT usually less than 0.1 f/cc LOW Working Procedures Asbestos Insulation must use a licensed contractor must notify regulator at least 14 days in advance (and supply a method statement). 25

26 Working procedures Asbestos insulating board major works: licensed contractor plus notification (as above) minor works: 1 hour in 7 days, non licensed contractor, no notification, trained, safe working procedures Working Procedures Asbestos cement Non licensed contractor, no notification, no time limits, trained, safe working systems Summary AI lic. contr, notification AIB >1hr lic. contr., notification AIB <1hr non lic. contr., NO notification AC non lic. contr., NO notification, AVT no time limits Rope Gaskets Artex some times, not always 26

27 Who does the job, when? Who does the job, when? Who does the job, when? 27

28 Who does the job, when? Who does the job, when? Who does the job, when? 28

29 Classification of Asbestos Materials Who does the job (lic. or non-lic.) When the job starts How much it costs All depend on classification Does not depend on asbestos type or concentration A poor example of a survey Loc. Sample Location Area Position Asbestos Quantity No. No. Surveyed Type 1 1 G Floor Gym Ceiling Tiles Amosite 50 SQ M 2 As 1 G Floor Hall Ceiling Tiles Amosite 100 SQ M 3 2 G Floor Kitchen Red Floor Tiles Amosite 100 SQ M A good Survey and An Asbestos Management System Loc Sample Location Area Position Product Asbestos Quantity Surface Vuln. Damage Mats Priority No No Surveyed Type RA 1 1 G Floor Gym Ceiling AIB Amosite 50 M² Unseal High Good 6 1 Tiles 2 As 1 G floor Hall Ceiling AIB Amosite 100 M² Unseal Low Good 6 3 Tiles 3 2 G Floor Kitchen Red Floor Tiles AVT Chryso 100 M² Good Med Good

30 Section 3 What to do with the information When would you access the data base/register? Will the work interfere with the fabric of the building? No get on with it. Yes interrogate the register Types of Work Planned, pro-active work Requested, re-active work 30

31 PRO-ACTIVE WORKS At an early planning stage consult the asbestos register. Decide whether work is major or minor asbestos works. Decide on type of contractor, pass on information. EASY???? But ONLY if the asbestos register is consulted FIRST. RE-ACTIVE WORKS No asbestos Request Help db Asb (minor) Desk Asb (major) Small nos.. hard copy Large nos.. computer system Information & Management CRITICAL that information is given to tradesmen PRIOR to start of works. Give as part of purchase order or works requisition order or, in larger jobs, as part of the tender documentation. If you have no information and you are suspicious.. STOP 31

32 Section 4 What has recently happened? What has recently happened? Control of Asbestos Regulations 2012 Made 27 February 2012 Laid before Parliament 5 March 2012 Came into force 6 April 2012 The DETAIL CAR 2012 is available now to download. As always, rather woolly and very difficult to read. The detail (in understandable format) will come in the Approved Code of Practise Promised any time, soon 32

33 What has recently happened? Major Change Change to classification system Currently: Major works: notifiable, licensed contractor Minor works: not notifiable, non- licensed contractor, trained, SWP. The UK System (1983, 2002, 2006) Basically this is a two tier system: Notifiable high risk work Non notifiable low risk work The UK System (1983,2002,2006) Notifiable works Licensed contractor Notify 14 days in advance Method Statement Medicals for staff (EMAS, every 2 yrs) Keep records for 40 years Trained staff (UKATA or equivalent) 33

34 The UK System (1983,2002,2006) Non notifiable works Non licensed contractor Start immediately Method Statement???? Trained staff (recently UKATA or equiv) No medicals, no record keeping The UK System (1983,2002,2006) Low risk materials were exempt from the general requirement to use licensed contractors i.e. exempt from the Licensing Regime Why change? The EU delivered a "reasoned opinion (in Feb 2011) that CAR 2006 did not satisfactorily implement some measures of Directive 2009/148/EC. 34

35 Risk Limpet f/cc HIGH AI f/cc HIGH AIB 2 20 f/cc MED AC usually less than 0.5 f/cc LOW AVT usually less than 0.1 f/cc LOW This is actually a THREE tier system CAR 2012 High Risk: NO CHANGE notifiable, licensed contractor, 14 days Medium Risk: notifiable (< job starts), non- licensed contractor, trained, SWP. CHANGE Low Risk: not notifiable, non-licensed contractor, trained, SWP. NO CHANGE CAR 2012 New Category of work: Notifiable, Non Licensed Work NNLW Work can be carried out by a non licensed contractor (as before), but notification must take place 35

36 NNLW - notification Completion of an online form New form is ASB NNLW1 Form is available from forms section of HSE website No other route of notification will be accepted Notification must be before the start of work NNLW the contractor Medical examinations: Must include an examination of the chest and be carried out by a registered medical practitioner (not EMAS) Carried out every three years Three-year implementation period (April 2015) Registers of work (health records): Must contain: Details of the individual worker The nature and duration of work with asbestos and exposure Dates of the worker s medical examinations More detailed medical records will be kept by the doctor Registers of work (health records) must be kept for 40 years This is a major change Normal Work Exposure is SALI; and Exposure less than Control Limit; and The work involves: (i) short, non-continuous maintenance activities in which only non-friable materials are handled; (ii) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix; 36

37 Key Points maintenance & firmly linked Firmly Linked AC, Artex, bitumen, plastic, resin, rubber, roofing felt, paper linings, cardboard, textiles, gaskets, washers and ropes Note: firmly linked materials also regarded as non-friable How will this affect me? Licensed work NO CHANGE Carry on exactly as you have been doing How will it affect me? What was non licensed work now has to be carefully considered. Is it low risk work do as you did before. Is it NNLW carefully check your contractor 37

38 NNLW the contractor Check: Trained staff - UKATA or equivalent Medical Tests of staff Work Records Don t forget the insurance problem Who will be most affected? Organisations carrying out AC roof removal or demolition Organisations which deal with non-licensed rubble eg AC Companies who carry out larger-scale removal of textured coatings eg insurance related work Companies who do short-duration work on asbestos insulation Companies who do short-duration removal of AIB eg demolition Summary No changes to Duty to Manage, surveys or survey organisations No changes to asbestos major works Considerable changes to asbestos minor works New category: Notifiable Non Licensed Work (NNLW) New requirements for your NNLW contractors 38

39 I know it has been a long, hard morning. But, if you can save just one of these then it has been worth it! Questions? 39