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

Asbestos Legislation Steve Shutler BSc(Hons), MCIEH, CMIOSH, CCP(Asbestos) Director SB Asbestos Management Ltd. Legislation. Statutory Nuisance / Defective Premises Act / Housing Act 2004 – Fitness Standard General health & safety legislation Asbestos specific regulations. Legislation.

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

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  1. Asbestos Legislation Steve ShutlerBSc(Hons), MCIEH, CMIOSH, CCP(Asbestos) Director SB Asbestos Management Ltd

  2. Legislation • Statutory Nuisance / Defective Premises Act / Housing Act 2004 – Fitness Standard • General health & safety legislation • Asbestos specific regulations

  3. Legislation • General Health and Safety Legislation • Health and Safety at Work etc Act 1974 • The Management of Health and Safety at Work Regulations 1999 • The Construction (Design and Management) Regulations 2007

  4. H&SAW Act Prosecution

  5. CDM Regs “It is not acceptable to make general reference to hazards that may exist” “site – specific asbestos surveys should be carried out in advance of construction work”

  6. 1 Citation & Commencement 2 Interpretation 3 Application 4 Management 5 Identification 6/7 Assessment & Plans 8 Licensing 9 Notification 10 Training 11 Prevention/Reduction 12/13 Control Measures 14 Protective Clothing 15 Incidents 16EnvContam 17 Cleanliness 18 Designated Areas 19 Air Monitoring The Control of Asbestos Regulations 2012 20 Air testing standards 21 Bulk testing standards 22Medical surveillance 23 Washing/Changing facilities 24 Waste 25 – 31 Prohibitions 32 – 37 Miscellaneous

  7. Duty to Manage Training Identify Asbestos Before Work Working with Asbestos Prevent Exposure (Reduce AFARP) Prevent Spread (Reduce AFARP) Some (Most) Work is Licensable

  8. Asbestos Legislation The Control of Asbestos Regulations 2012 and Approved Code of Practice HSE Guidance Notes - HSG

  9. Training RequirementsReg 10 • Those liable to be exposed and those who supervise • (1) Asbestos Awareness – tradesmen, installation engineers, surveyors • (2) Non Licensed Workers • (3) Licensed Workers

  10. Duty to Identify Asbestos Before Work Starts – Reg 5 • An employer shall not undertake work in demolition, maintenance, or any other work which exposes or is liable to expose his employees to asbestos in respect of any premises unless either – • carried out assessment or if in doubt • assumes asbestos is present and observes the provisions of the regulations

  11. “Material Risk” Willmott Dixon appeal - Any work with asbestos presents a “material risk” irrespective of the number of fibres released (if any) or the length of exposure.

  12. Do you need an HSE Asbestos License?&Is the work notifiable?

  13. Definitions (R2) Asbestos Cement material predominantly cement and chrysotile……. < 30% water Asbestos Insulating Board Flat tile, building board – mixture of asbestos and other material except ...AC, Bitumen .....

  14. AsbestosCement

  15. Asbestos Insulating Board “AIB” “Asbestolux”

  16. Definitions (R2) Asbestos Coating surface coating, contains asbestos for fire protection, heat insulation, sound insulation but NOT textured coating Asbestos Insulation asbestos – thermal, acoustic or other insulation purposes – inc fire protection except AC, AIB, bitumen ....

  17. Fibre Levels Sporadic & Low Intensity Exposure – 0.6 f/ml over 10 minutes Control Limit – 0.1 f/ml over 4 hours

  18. Definitions (R2) Licensable Work with Asbestos ..... Is work Not sporadic and low intensity or Can not demonstrate < control limit or On an Asbestos coating or On AIB or Insulation Not SLI & > CL & Not short duration

  19. Is it NOTIFIABLE Non Licensed Work?NNLW

  20. NNLW - Factors 1 Type of Work Maintenance, Removal, Encapsulation 2 Material Type Friable, Bonded (relevant to Removal Only) 3 Condition Prior Damage, Destroyed When Worked Upon

  21. NNLW – Examplesassuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit minor removal work involving AIB, when short duration and as part of a refurbishment project, e.g. removing AIB panels fixed with screws following water damage

  22. NNLW – Examplesassuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit removal work involving textured decorative coatings where the method of removal requires deterioration of the material, or where it is very badly flood-damaged

  23. NotNNLW assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit removal of AC, which is kept virtually intact

  24. NotNNLW assuming in all cases exposure is sporadic and of low intensity and will not exceed the control limit removalof floor tiles or bitumen felt

  25. NOTIFIABLE Non Licensed Work NNLW…….. Notify jobs Medical examinations for workers (April 2015 – then every 3 yrs) Maintain worker health records Designate Area

  26. Working Safely with Asbestos Work Not Requiring a Licence

  27. Working Safely with Asbestos Work Which Requires a Licence

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