Health and Safety
Executive / Commission
Freedom of information
SIM 03/2008/07
Author unit / section: HSE Disease Reduction Programme
Target audience: All HSE and LA visiting staff
This SIM informs EHOs & Inspectors on the application of the Duty to Manage Asbestos in non-domestic premises (regulation 4 of the Control of Asbestos Regulations 2006). This SIM should be read in conjunction with the Asbestos Inspection pack 2007/8.
1 To ensure compliance with DTM and to take appropriate and proportionate enforcement action in accordance with the HSC EPS and EMM.
2 Asbestos is the biggest occupational health killer, responsible for 4,000 deaths each year. Although these deaths are from past exposures (when asbestos was widely used and not regulated), it is vital that we protect workers now to prevent them dying from asbestos related cancer in the future.
3 It is estimated that more than 500,000 non-domestic premises, including schools, shops, offices, factories, etc. still contain some form of asbestos.
4 A recent inspection initiative in Suffolk carried out jointly by HSE and the LA revealed that more than 50% of premises visited were failing to fully comply with Regulation 4 to some degree or other.
5 Many occupiers are unaware of the presence of asbestos in their building. It is of course not possible to know with absolute certainty whether material contains asbestos unless it is analysed, however workers and duty holders can adopt a precautionary approach, assuming that the material they are working on contains asbestos unless it obviously does not, i.e. it’s solid wood or brick.
6 When visiting duty holders as part of other inspections visiting staff should pro-actively explore with duty holders their compliance with Regulation 4 of the Control of Asbestos Regulations 2006, more commonly referred to as ‘the duty to manage’ or DTM. This work can easily be combined with other programme work such as falls from height, Work Place Transport, Noise, etc. The intervention is not centered on a specific sector or activity but is premises based.
7 Visiting staff are not required to identify whether asbestos is present themselves but to assess the dutyholders compliance with DTM, which is primarily a management regulation. In particular, staff should check that the location and condition of asbestos containing materials (ACMs) has been established; that there is an asbestos management plan in place; and that the plan is being implemented.
8 This work is to take place throughout 2008/9 and during this time, LAs and HSE will be carrying out this work, partnership teams may wish to explore opportunities for joint initiatives.
9 These direct interventions will be complimented by a publicity campaign planned to take place in quarter 4 of 2008/9. This publicity campaign will look to follow-up, learn from and build upon the pilot campaign – ‘Asbestos – the Hidden Killer’ which ran during February and March 2007/8.
10 Staff should use their professional judgement when deciding upon enforcement action having due regard to the EMM and HSC/E Enforcement Policy (guidance is contained in OC 265/50 and the training provided, as outlined below).
11 In HSE, Band 2s should ensure that local liaison arrangement exists to ensure information exchange with colleagues in Construction Division, so that any ASB5 waiver requests, RIDDOR DOs or complaints received with information suggesting that tracking back is appropriate to identify possible management failures, can be followed up quickly. ASB5 14 day notice waiver applications can be indicative of poor management arrangements.
12 Where the duty holders elect for the ‘presumptive approach’ to asbestos management then arrangements should be in place to make sure that no one does any work without being informed that the materials may contain asbestos. The presence of ACMs should be confirmed by sampling. If confirmed it must then be decided if a licensed contractor is required for the work or it can be undertaken safely if the precautions in the appropriate guidance are followed. In addition, all presumed asbestos material is required to be maintained in good order.
13 The duty holder should also ensure that occupiers of the building have been made aware of the arrangements made to manage asbestos. Appropriate asbestos awareness training should be provided for persons who are liable to disturb asbestos while carrying out their normal everyday work, i.e. general maintenance staff, or for persons who may influence how the work is carried out. Visiting staff should also be aware, including where the dutyholders elect for the presumptive approach, or have in house maintenance teams of the need to ensure that the appropriate level of asbestos awareness training has been received. The Regulations and ACOP lay down clear specific learning requirements.
14 This phase programme work should be completed by 31 March 2009, notwithstanding any enforcement action that may go beyond this date.
15 In HSE COIN recording details will be notified by FOD. LAs should use their normal reporting arrangements.
16 For HSE staff two 1-day refresher tutorials will be provided for staff who feel that their knowledge is out of date. These tutorials will provide information about the programme of work, the relevant standards, and the enforcement expectation, sampling protocols and personal health and safety. It is planned to run these tutorials in March/April 2008. Topic inspection packs and further supporting material will be made available at the events and is also available on the intranet (see below) and for LAs on Fit3 Street.
17 Asbestos only poses a risk when the fibres become airborne and are inhaled. During these visits you should not be exposed to asbestos fibres. The only circumstances were you may be at risk is if there are maintenance activities, refurbishment or other construction related work going on in the premises at the time of your visit. Visiting staff should familiarise themselves with their own health and safety procedures in relation to asbestos. In HSE this can be found on the intranet under ‘Your Health and Safety’.
18 Where the information suggests that there may be disturbed ACMs then Inspectors should exercise extreme caution and not put themselves at risk. Again, visiting staff should follow their guidelines, in HSE these are contained in the relevant H&S policy supplement.
19 Regulations 11 (Control) and 16 (prevention of spread of asbestos) are key to dealing with exposure that is encountered on site. Such situations may arise if asbestos is present in the building is in poor condition. If you suspect material (e.g. lagging and insulation) is asbestos and is in poor condition do not enter any area where there is a risk of exposure to asbestos fibres. Action to deal with any immediate risks should be taken in line with the guidance given in OC 265/50. Regulation 4 in isolation can not deal with immediate risks from ACMs.
20 The topic packs on:
may be relevant and useful when engaging with this sector, and also the Diversity & Delivery pages on the intranet.
21 OC 265/50 - This OC provides advice to inspectors on interpretation of the Control of Asbestos Regulations 2006 including enforcement benchmarks for licensed and non-licensed asbestos removal work and the management of asbestos in buildings.
22 An Approved Code of Practice is available to support regulation 4: The management of asbestos in non-domestic premises L127 (second edition).
23 Guidance booklet: "A comprehensive guide to managing asbestos", HSG227.
24 Free leaflet INDG223 A short guide to managing asbestos in premises [182KB]
25 Free Leaflet: “Manage buildings? You must manage Asbestos” – A jointly badged leaflet produced by HSE in conjunction with the Trade Unions Congress, The Royal Institute of Chartered Surveyors, Federation of Small Businesses, the Asbestos Testing and Consulting division of ARCA, and the British Institute of Facilities Managers.
26 MDHS100 Surveying, sampling and assessment of asbestos containing materials [774KB] (2001) ISBN 0 7176 2076 X (price £18.00) which is also can be found on the website (currently being revised).
27 INDG 419: Asbestos Kills: Protect Yourself! You are more at risk than you think[264KB]’ - A new leaflet for Maintenance workers.
28 INDG 418 Asbestos Kills: A quick guide to Protecting Yourself [256KB]’ - A New Pocket Card for Maintenance Workers.
29 Other useful information on asbestos and DTM can be found on the asbestos website.
30 OC 265/48 Health Effects of Inadvertent Exposure to Asbestos: Guidance for FOD staff when responding to enquiries. (Currently being revised).
31 Campaign packs produced as part as the 2007/8 campaign – ‘Asbestos – The Hidden Killer’ are available. The pack is A5, plastic wrapped and contains a new pocket card (INDG 418) and a new leaflet (INDG 419) for maintenance workers on the risks associated with asbestos. It also has a promotional flyer for the revised “Asbestos Essentials” priced publication (HSG 210) and a covering letter. Visiting staff who want campaign material to hand out during visits {or events} should contact Dave Dawick in CDS VPN 523 4085 dave.dawick@hse.gsi.gov.uk and/or the individual items are also available for download.
32 For further information contact: Dave Dillon, 0151 951 4104 or VPN 523 4104, or via email: dave.dillon@hse.gsi.gov.uk.
33 If you have questions relating to Asbestos Licensing this can be referred, in the first instance to the local Construction Division Asbestos Licensing Principal Inspector (ALPI) or the Asbestos Licensing Unit (ALU) VPN 520 2135, Tel: 0131 247 2135.