Asbestos Update IOSH 2012 CONTROL OF ASBESTOS REGULATIONS Overview. ESG Asbestos Limited. Asbestos Update. Came into force on 6 th April 2012

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1 Overview IOSH 2012 Control of Asbestos Regulations 2012 Main changes New notification procedure HSE Guidance RIDDOR 2005 Acknowledgements 1.Dr Martin Gibson, HSE, Edinburgh for permission to reproduce charts shown in slides 14, 16, 21, 22 and Slides 26, 33, 34 and 41 contain public sector information published by the HSE and licensed under the Open Government Licence v1.0 CONTROL OF ASBESTOS REGULATIONS 2012 Came into force on 6 th April 2012 Following a complaint to the EU in 2006 by ARCA re the changes within CAR 06 the European Commission (EC) carried out a review and submitted a reasoned opinion which requested that the UK legislation and HSE amend CAR 2006 in line with the European Asbestos Worker Protection Directive (AWPD). HSE have accepted this reasoned opinion and the new regulations have been introduced to reflect this. HSE have therefore brought in a requirement that any work that is either short term maintenance work on friable materials or work on material in which the fibres are firmly linked in a matrix where the material is degraded or where the material will be deteriorated during the work, will be subject to Articles 4, 15 and 16 of the AWPD. Article 4 The activities must be covered by a notification system Article 15 An assessment of each workers health must be made prior to work commencing and at least every three years Article 16 A register must be kept of workers including nature and duration of activity and the exposure to which they have been subjected.

2 The complaint due to omission of words shown in red italics Regulation 3 (2) Regulations 9 (notification of work with asbestos), 18(1)(a) (designated areas) and 22 (health records and medical surveillance) do not apply where (c) the work involves (i) short, non-continuous maintenance activities in which only nonfriable materials are handled, or (ii) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix Implication is that the omission of these words - widens the scope of exemption - allows more types of work to be exempt from the three requirements (notification, medicals and record keeping) The HSE have introduced a new notification system and essentially there will be three categories of asbestos work. Licensed & notifiable as per the current system Non-licensed & notifiable (NNLW) new notification system for non licensed works where the ACM will be deteriorated during the works Non-licensable & non-notifiable where the ACM will not deteriorate during the works The requirements for the three categories of asbestos work are now Non-licensed work NNLW Licensed work - compliance with risk assessment - control of exposure - training requirements - notification before work begins - medical examination every 3 years - health records - compliance with risk assessment - control of exposure - training requirements - licensing - notification 14 days in advance - emergency arrangements - designated asbestos areas - medical examination every 2 years - health records - compliance with risk assessment - control of exposure - training requirements Other changes in CAR Regulation 2 now includes definitions of some asbestos types asbestos cement asbestos coating asbestos insulating board asbestos insulation (loose fill) textured decorative coating 2.Also definitions relating to Relevant Doctor 3.Sporadic and low intensity (SALI) exposure partially defined criteria from ACoP L143 still applies (i.e. 0.6 f/ml over 10 minutes) Other changes in CAR Licensable work is now defined: a) work not SALI exposure, or b) work where risk assessment shows that Control Limit will be exceeded, or c) work on asbestos coating, or d) work on AIB or insulation where risk assessment shows: work is not SALI control limit will be exceeded work is not short duration 5. Short duration work is defined: a)all work (including ancillary) is less than 2 hours, or b)no individual person works for more than one hour Other changes in CAR Prohibitions (regulations 27, 28 and 29 of CAR2006) now to be found in REACH

3 Potential problems could arise with establishing whether work is NNLW or not, as some terms are not defined in the Regulations - Short non-continuous maintenance activities [*] - Non-friable - Without deterioration of non-degraded materials - Firmly linked * Small scale renovation is maintenance and larger scale renovation and refurbishment will be removal (for AIB) CLASSIFICATION Sporadic and low intensity (SALI) exposure No exposure to asbestos will be sporadic and of low intensity within the meaning of regulation 3 if the concentration of asbestos in the air exceeds or is liable to exceed 0.6 fibres per cubic centimetre (f/cm3, which is the same unit as f/ml) in the air measured over a ten-minute period. Work which is likely to result in exposures at or above this level cannot be considered to produce sporadic and low intensity exposure, and therefore the exemptions provided by regulation 3(2) will not apply. Deciding if work NNLW Regulation 3 (2) Regulations 9 (notification of work with asbestos), 18(1)(a) (designated areas) and 22 (health records and medical surveillance) do not apply where (a) exposure is SALI; and (b) exposure is less than control limit; and (c) the work involves (i) short, non-continuous maintenance activities in which only nonfriable materials are handled, or (ii) removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix Deciding if work NNLW 1. Confirm if exposure is SALI and Control limit will not be exceeded 2. Allocate work/task to either maintenance or removal activity 3. Be clear on what is the main activity Asbestos work can be incidental to the main activity 4. Maintenance work includes Renovation Repair Upkeep Redecoration Other maintenance

4 When work with the following materials meets the definition of sporadic and low intensity worker exposure then the exemption as provided by regulation 3(2) will apply, but only if it is clear from a suitable and sufficient risk assessment that the control limit of 0.1 f/cm3 airborne fibres averaged over a 4-hour period will not be exceeded. Paragraph 34 from ACoP L143 Paragraph 35 from ACoP L143 There may be other materials in which the asbestos fibres can be firmly linked in a matrix such as paper linings, cardboards, felt, textiles, gaskets, washers, and rope where the products have no insulation purposes. If this is the case then the exemption provided in regulation 3(2) may apply. Materials in which the asbestos fibres are firmly linked in a matrix - these include: (a) asbestos cement; (b) textured decorative coatings and paints which contain asbestos; (c) any article of bitumen, plastic, resin or rubber which contains asbestos where its thermal or acoustic properties are incidental to its main purpose (eg vinyl floor tiles, electric cables, roofing felt). CLASSIFICATION CLASSIFICATION CLASSIFICATION NNLW: Requirements for notification Notification of NNLW must include the following details - Name and address/phone number and a brief description of:- - location of the work site - type and quantities of asbestos handled - activities and processes involved - number of workers involved - start date and duration of work - measures to limit exposure

5 NNLW: Requirements for notification method of notification will be completion of an online form, similar to existing ASB5 used by licensed contractors new form is ASB NNLW1 form is available from forms section of HSE website no other route of notification will be accepted new database will be shared by HSE, ORR, ONR and LAs NNLW: Requirements for medicals 1. Medical examinations - must include an examination of the chest and be carried out by a registered medical practitioner - carried out every three years - three year implementation period (April 2015) 2. 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 NNLW: Who will have to notify? Organisations carrying out AC roof removal/demolition Organisations which deal with non-licensed rubble (e.g. asbestos cement) Companies who carry out larger scale removals of textured coatings (e.g. insurance related work) Companies who do short-duration work on asbestos insulation Companies who do short-duration removal of AIB (e.g. demolition) AC flue removal AIB tile removal Work Removal of a short AC flue to install a new boiler. The flue will have to be broken to remove it Classification SALI and below control limit Work on non-friable material Short non-continuous maintenance activity Removal is incidental to the main purpose changing the boiler Use Asbestos Essentials control sheet etc Non-licensed and non-notifiable Work Single AIB ceiling tile requires removing in order to replace lighting fitting Classification SALI and below control limit Work on non-friable material Less than two hours Short non-continuous maintenance activity Removal is incidental to the main purpose of changing the light fitting Use Asbestos Essentials control sheet etc. Non-licensed and non-notifiable

6 Demolition of AC Work Removal of asbestos cement warehouse roof and side panels before demolition. For safety reasons remote demolition is to be used as warehouse is old and is in poor repair Classification SALI and below control limit Removal of firmly linked in matrix Old asbestos sheets weathered not degraded Removal using pecker that results in sheets being broken into small pieces deterioration Use Asbestos Essentials control sheets Non-licensed and notifiable HSE GUIDANCE HSE Web Site ACoPs L127 and L143 Surveying Current HSE proposal is to combine these two ACoPs and publish them by the end of 2013 New Survey Guide Published 29 th January 2010 Minor amendments made in April 2012

7 HSG248 Analysts Guide This guidance is currently under review and should be reissued in New edition will include asbestos in soils HSG247 Licensed Contractor s Guide Guide for non-licensed asbestos work may be produced in the future HSE Guidance Note HSG227 Only brief guide has been updated to reflect change to CAR2012 Asbestos Essentials non-licensed work with asbestos good work practices appropriate equipment for building workers practical guidance on how 38 tasks can be performed safely Available as downloads from the HSE website RIDDOR

8 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 3 asbestos diseases are notifiable asbestosis lung cancer mesothelioma Not pleural plaques or asbestos warts Report accidental exposures ( dangerous occurrence ) above a control limit? Guidance on what constitutes a dangerous occurrence under RIDDOR with respect to asbestos has been amended with the withdrawal of the OC265/48 series of documents. Guidance is now given on the HSE website at Exposure to asbestos is reportable under RIDDOR when a work activity causes the accidental release or escape of asbestos fibres into the air in a quantity sufficient to cause damage to the health of any person. Such situations are likely to arise when work is carried out without suitable controls, or where those controls fail. Typical types of work often involve:- Use of power tools (to drill, cut etc) on most ACMs; Work that leads to physical disturbance (knocking, breaking, smashing) of an ACM that should only be handled by a licensed contractor e.g. sprayed coating, lagging, asbestos insulating board (AIB); Manually cutting or drilling AIB; Work involving aggressive physical disturbance of asbestos cement e.g. breaking or smashing. If these activities are carried out without suitable controls, or the precautions fail to control exposure, these would be classed as a 'dangerous occurrence' under RIDDOR and should be reported. In terms of exposure levels this should be deemed to mean that the control limit of 0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm 3 ) has been exceeded. THANK YOU Any questions? The control limit is not a safe level and exposure must always be reduced as far below the control limit as possible.