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North Lanarkshire Council

Environmental Health Section


and The Health and Safety Executive
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Objective
To introduce you to the changes in the law
on asbestos which introduce the duty to
manage asbestos in non-domestic
premises.

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New Duty

 Controlof Asbestos at Work


Regulations 2002.
 New duty - Regulation 4.
 Compliance by May 2004.

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What is asbestos?
• Asbestos is a naturally occurring mineral.
• Has many uses:
• fireproofing
• insulation
• But can be deadly.
• Three most commonly found types:
•chrysotile (‘white asbestos’)
•amosite (‘brown asbestos’)
•crocidolite (‘blue asbestos’)
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Why is asbestos harmful?
• When disturbed it can break down into sharp
fibres and be breathed in.
• The fibres lodge in the lungs and do not dissolve.
• Blue and brown can be even more hazardous
than white.
• Inhaling asbestos fibres can lead to three main
diseases:
•asbestosis
•lung cancer
•mesothelioma
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ASBESTOSIS
 Heavy and regular exposure.
 Incurable.

 Restricts lung function.


 Increased risk of lung cancer.

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LUNG CANCER
 Smoking multiplies risk.
 Smoker 15 times more likely to suffer
lung cancer.
 Smoking asbestos worker 75 times
more likely to suffer lung cancer.

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MESOTHELIOMA
 Caused by all kinds but particularly blue
asbestos.
 Form of cancer.
 Small dose required.
 Incurable, painful.
 20- 40 years from exposure to
development.
 Deaths estimated to peak at 2500 between
2011 and 2015.
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Why is it still a problem?
• Between 1950s and 1980s asbestos
used extensively in UK as building
material.
• Use continued until 1999.
• Thousands of tonnes of asbestos
still remaining in buildings.
• About half a million non-domestic
premises may contain asbestos.
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Which premises could
contain asbestos?
• Answer… any type (pre-2000).

• Shops.
• Factories.
• Offices.
• Farms.
• Hospitals.
• Domestic premises.

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Examples of asbestos in
buildings

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Asbestos cement

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Sprayed asbestos

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Sprayed asbestos

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Lagging

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Asbestos insulating board

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Asbestos insulating
board

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Asbestos textiles

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Asbestos Uses (cont.)
• electrical insulation
• floor tiles

• paper and cardboard

• decorative textural coatings

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Why are people at risk?
• Only harmful if fibres are released into the
air.
• cutting, machinery, removal, drilling,
sawing, repair/replacement, unintentional
damage.
• People may have been unknowingly
exposed to asbestos.
• Previous regulations did not cover those
people who could come into contact with
asbestos unknowingly. 20
Who are these people?
• Heating and ventilation • Carpenters and
engineers. joiners.
• Roofing contractors. • Plasterers.
• Fire and burglar alarm • Gas fitters.
installers. • Cable layers.
• General maintenance • Demolition workers.
staff. • Painters and
• Electricians. decorators.
• Plumbers.

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What has been done already?
• 1998: Amendment of the Control of Asbestos at
Work Regulations (CAWR):
• expanded their scope to cover incidental
exposures to asbestos; and
• made it clear that CAWR applied to all workers
who might come into contact with asbestos.
• 1998: Amendment to the Asbestos (Licensing)
Regulations.
• 1999: Asbestos (Prohibitions) Regulations.

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A new duty to manage
asbestos
• Introduced as a new regulation in the
Control of Asbestos at Work Regulations
(CAWR) 2002:
• assess whether premises contain
asbestos;
• assess risk from asbestos; and
• take action to manage the risk

• The duty will greatly contribute to


reducing fatalities by 4700 this century.

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Who will have the duty?
• Those with a contractual obligation in relation
to maintenance and/or repair of premises –
could include owners, occupiers, managing
agents and others.
• Person ‘in control’ where no contract or
tenancy agreement exists.
• There may be joint control.
• Every person shall cooperate with duty holders
to enable them to comply with their duties.

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Where does the duty
apply?
• All non-domestic premises.

• The common parts of domestic


premises.

• Doesn’t apply to domestic premises


themselves.

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Assessing whether premises
contain asbestos
• Take reasonable steps to identify ACMs in
premises by:
• looking at building plans etc.;
• consulting others, e.g. architects, employees;
• carrying out a thorough inspection of the premises.

• Assess the condition of these materials.


• Record the findings.
• Can be carried out in-house or by a
specialist surveyor.
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Identifying asbestos
• Presume asbestos.
• Conclude it is not asbestos
(requires strong evidence).
OR
• Establish identity by sampling.
OR
• A combination of all of the
above.
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Assessing the risk: Decisions
• If in good condition:
• leave it in place; and
• introduce a management system.

• If in poor condition:
• seal it or enclose it; or
• remove it.

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Assessing the risk: Decisions

•Attention!!
• Damaged asbestos is likely to release
fibres into the air.
• Need to take immediate action to
protect people.
• Licensed asbestos contractor may be
necessary.

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Assessing the risk: Action
• Prepare and implement a written
action plan.
• When materials are to remain in
premises:
• inform others of their location and
condition;
• carry out regular checks on the
condition of the material; and
• review and revise the plan and
update the asbestos record as
necessary.
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What are the consequences
of poor management?
• Asbestos is very useful but also harmful if
fibres are released.
• 3000 people die each year from asbestos-
related diseases and 25% of these have
worked in building trades.
• A bad survey is potentially worse than no
survey at all.
• Enforcement action.

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How are the Regulations
going to be implemented?

• Local Authorities, i.e. Environmental


Health Officers.
• Health and Safety Executive.

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Summary
• New Regulations in August 2002.
• 18 month lead-in period for duty holders to
comply.
• Start now.
• Don’t panic.
• HSE is producing guidance.
• Aim is to reduce ill health in maintenance
workers.

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North Lanarkshire Council
Environmental Health Section
and The Health and Safety Executive
With special thanks to SOUTH AYRSHIRE COUNCIL who34edited
the original presentation and added the commentary
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