Asbestos checks reveal compliance picture at non-LA schools

Date:

14 October 2011

Checks on how schools outside of local authority control are managing asbestos have revealed that most have adequate arrangements in place - though 17 per cent fell below acceptable standards in relation to management procedures.

The Health and Safety Executive (HSE) inspected a random sample of 164 independent, voluntary aided and foundation schools and academies between November 2010 and June 2011. It served notices on 28 schools requiring them to improve arrangements for managing asbestos, and provided informal advice to a further 110.

Enforcement action was taken over failures such as training staff and producing written management plans, rather than because staff or pupils were considered at significant risk of exposure.

Compliance with the Control of Asbestos Regulations (2006) in England, Scotland and Wales was broadly similar to that found in a survey and inspection programme involving local authority-controlled schools in 2009/10.

Asbestos which is in good condition and remains undamaged and undisturbed does not pose any significant risk to health if it is managed in compliance with the legal requirements and according to HSE's published guidance.

Geoff Cox, the Head of HSE's public services sector, said:

"Most schools were able to demonstrate good levels of awareness and compliance with the asbestos regulations and that's encouraging, but this inspection initiative did highlight that there is still confusion in some schools over roles and responsibilities.

"We took action where schools had fallen below acceptable standards and we are working across the education sector to raise awareness and find ways to make it clearer for schools to understand their legal responsibilities.

"It is important to stress that asbestos which is properly managed, remains undamaged and is not disturbed is not a cause for concern. Those most at risk of disturbing asbestos are tradesmen or general maintenance workers so it is essential they know where asbestos is and that there work is carefully planned and managed."

Notes to editors

1. A full list of schools inspected and the results of the inspection is available online at www.hse.gov.uk/services/education/asbestos-management-1011.htm
2. Inspectors took enfocement action in 28 of the 164 schools (17%) - serving a total of 41 Improvement Notices (INs):
   • 17 were served for a failure to provide adequate training
   • 14 for a lack of a written asbestos management plan
   • 8 for a failure to implement a suitable system to manage the risks from asbestos
   • 2 for a failure to undertake a survey/assessment of the presence of Asbestos Containing Materials (ACMs)
3. In 2009/10 HSE and the Department of Children, Schools and Families (now DfE) jointly administered an online questionnaire on asbestos management in local authority-controlled schools, focusing primarily on the management arrangements in system-built schools. The findings were published on HSE's website in September 2010. These showed that of the 152 authorities in England with responsibilities for schools, 110 provided satisfactory responses requiring no further action by HSE. Follow-up inspections made by HSE inspectors to the remaining 42 authorities found that there was generally good compliance with the duty to manage asbestos and that action had been or was being taken in response to HSE advice. Enforcement action was taken in 10 authorities. For more information visit www.hse.gov.uk/press/2010/hse-asbestosinschools.htm
4. Duty to manage: The Control of Asbestos Regulations 2006, regulation 4 requires duty holders with a legal responsibility for non domestic premises to manage the risk from any asbestos that may be present. For more information visit www.hse.gov.uk/asbestos/managing/index.htm
5. Interventions: Frontline HSE Inspectors work with duty holders in a proportionate and consistent way to improve health and safety performance. This includes:-
   • Advice: This gives practical improvements that can be made. Though advice has no legal standing, failure to follow it may result in further enforcement action being taken
   • Improvement Notice: This sets a legal timeframe for a particular situation to be resolved. There is not considered to be an immediate danger. Employers failing to meet the terms of a notice by the expiry date may be subject to legal proceedings.
   • Prohibition Notice: This is served where an employer/ duty holder is failing to protect employees and the public and there is a risk of serious personal injury. A prohibition notice deals with immediate danger and the work/ activity must stop immediately, while the issue is resolved.

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