“Duty to Manage” Steve Shutler BSc(Hons), MCIEH, CMIOSH, CCP(Asbestos) Director SB Asbestos Management Ltd

Duty to Manage Making sure that no one comes to any harm from asbestos while on your premises Occupants Occupants Maintenance and Trades Persons Maintenance and Trades Persons Public at Large Public at Large

The Requirement to “Manage” The Legal Framework The Control of Asbestos Regulations 2012The Control of Asbestos Regulations 2012 HSE “ACoP” – L143 (Second Edition)HSE “ACoP” – L143 (Second Edition) Two HSE “Guidance” PublicationsTwo HSE “Guidance” Publications A “Short” Guide - INDG 223 (Rev 3) A “Short” Guide - INDG 223 (Rev 3) A “Comprehensive” Guide - HSG 227 A “Comprehensive” Guide - HSG 227

L143

HSG 227

The Duty Holder Reg 4(1) (a) Contractually responsible for maintenance or repair (b) Control of the premises or means of access / egress

Regulation 4- Summary (a) Reasonable steps to find ACMs and check condition (b) Presume materials contain asbestos – unless strong evidence to suppose they do not (c) Make a written record of locations and keep record up to date (d) Assess risk of anyone being exposed (e) Prepare a written plan to manage the risk …>>>>> ACoP Para 112 ACoP Para 112

Written Plan …to ensure:  ACMS / Presumed ACMS are kept in a good state of repair  Repaired and protected if vulnerable to damage – or removed  Information on location and condition given to anyone liable to disturb the ACM or is otherwise at risk

Regulation 4- Summary (a) Reasonable steps to find ACMs and check condition (b) Presume materials contain asbestos – unless strong evidence to suppose they do not (c) Make a written record of locations and keep record up to date (d) Assess risk of anyone being exposed (e) Prepare a plan to manage the risk

Using the Guide Green boxes Clients/Dutyholders Blue boxes Surveyors

Managing Asbestos -Appointed Person (14) Duty holder to identify a person responsible for managing asbestos – clear lines of responsibility Duty holder to identify a person responsible for managing asbestos – clear lines of responsibility Resources, skills, training, authority Resources, skills, training, authority Essential if large/complex portfolio Essential if large/complex portfolio

Surveyors 1.Training, qualifications and knowledge 2.Knowledge specific to task 3.Independent, impartial, integrity 4.QM system 5.Surveys to approved standard – ie HSG Recommends Accredited/Certificated Surveyor

Part 3 – Asbestos Surveys

Survey Types 1Presumptive 2Sampling 3Full Access

Survey Types 1Management Survey 2Refurb/Demo Survey

Presumption NON ASBESTOS Non asbestos in original specNon asbestos in original spec Very unlikely eg wallpaperVery unlikely eg wallpaper Post 1985 amphibole ACMPost 1985 amphibole ACM Post 1990 “Artex”Post 1990 “Artex”

Management Surveys Survey AFARP Survey AFARP Normal occupancy and foreseeable maintenance Normal occupancy and foreseeable maintenance Minor intrusive work Minor intrusive work Includes “Material Risk Assessment” Includes “Material Risk Assessment”

Refurb/Demo Surveys Refurb/Demo Surveys Includes difficult to reach areas Includes difficult to reach areas Aggressive so appropriate precautions Aggressive so appropriate precautions May need post survey certification May need post survey certification

Duty Holder’s Responsibilities Check accuracy of report Check accuracy of report Produce the AMP Produce the AMP Keep things updated Keep things updated Make the information available Make the information available

LocationProduct Type Extent M² AccessibilityExtent of Damage Surface Treatment Asbestos Type Sampled/ Presumed/ Strongly Presumed Sample no. Material Assessment Score Priority Assessment Score Total Risk Score Unit 6 (MDL Workshop) all electrical switchgear, woven flash guards Woven Asbestos<10DifficultGoodSealedChrysotileSPSP1437 Unit 3 (Chandlery), exterior gable end above front entrance, corrugated cement sheets AC50+DifficultGoodSealedChrysotileS1577/07314 Unit 4 (Hayling sea school), exterior gable end, corrugated cement sheets AC50+DifficultGoodSealedChrysotileSPSP2314 Units 14, 13 and 10, exterior roof, cement sheets AC50+DifficultLowUnsealedChrysotileS1577/09415 Unit 10 (H.G.F.R), workshop roof, roof and gable ends, cement sheets AC50+DifficultLowUnsealedChrysotileS1577/ Unit 9 (The Contemporary home), warehouse, roof and wall, corrugated cement sheets AC50+DifficultLowUnsealedChrysotileSPSP34711 Unit 16A (ex – Piranha ribs), main office floor, floor tiles Asbestos Thermoplastic Floor Tile 50+DifficultGoodCompositeChrysotileS1577/12235

Regulation 4- Summary (a) Reasonable steps to find ACMs and check condition (b) Presume materials contain asbestos – unless strong evidence to suppose they do not (c) Make a written record of locations and keep record up to date (d) Assess risk of anyone being exposed (e) Prepare a plan to manage the risk

Assessment Assessment Material assessment - Ability to release airborne fibresMaterial assessment - Ability to release airborne fibres Priority assessment - Human risk factors – Potential for people to be exposedPriority assessment - Human risk factors – Potential for people to be exposed

Material Assessment Product type Extent of damage or deterioration Surface treatment (if any) Asbestos type

Score between 2 & high potential10 + high potential 7-9medium potential7-9medium potential 5-6low potential5-6low potential <4very low potential<4very low potential Material Assessment

Priority Assessment Normal occupant activity Likelihood of disturbance (location: accessibility: extent/amount) Human exposure potential (number of occupants: frequency of use: average time area in use) Maintenance activity (type of maintenance: frequency) ©

LocationProduct Type Extent M² AccessibilityExtent of Damage Surface Treatment Asbestos Type Sampled/ Presumed/ Strongly Presumed Sample no. Material Assessment Score Priority Assessment Score Total Risk Score Unit 6 (MDL Workshop) all electrical switchgear, woven flash guards Woven Asbestos<10DifficultGoodSealedChrysotileSPSP1437 Unit 3 (Chandlery), exterior gable end above front entrance, corrugated cement sheets AC50+DifficultGoodSealedChrysotileS1577/07314 Unit 4 (Hayling sea school), exterior gable end, corrugated cement sheets AC50+DifficultGoodSealedChrysotileSPSP2314 Units 14, 13 and 10, exterior roof, cement sheets AC50+DifficultLowUnsealedChrysotileS1577/09415 Unit 10 (H.G.F.R), workshop roof, roof and gable ends, cement sheets AC50+DifficultLowUnsealedChrysotileS1577/ Unit 9 (The Contemporary home), warehouse, roof and wall, corrugated cement sheets AC50+DifficultLowUnsealedChrysotileSPSP34711 Unit 16A (ex – Piranha ribs), main office floor, floor tiles Asbestos Thermoplastic Floor Tile 50+DifficultGoodCompositeChrysotileS1577/12235

Potential Risk Bands 1.High Medium 12 – 17 3.Low 11 – 5 4. V Low < 4

High Potential Risk 1)Complete removal.1)Complete removal. 2)Encapsulation, sealing or other protection including marking with appropriate warning labels.2)Encapsulation, sealing or other protection including marking with appropriate warning labels. 3) Decontamination works.3) Decontamination works. 4) Close monitoring of condition and potential for persons to be exposed to airborne asbestos fibres. (This may involve air sampling adjacent to the material to determine whether airborne asbestos fibres are being released).4) Close monitoring of condition and potential for persons to be exposed to airborne asbestos fibres. (This may involve air sampling adjacent to the material to determine whether airborne asbestos fibres are being released).

Medium Potential Risk The condition of any material in the 'medium' category requires regular monitoring and a programme of encapsulation or removal may well be appropriate in the medium to long term.The condition of any material in the 'medium' category requires regular monitoring and a programme of encapsulation or removal may well be appropriate in the medium to long term.

Low Potential Risk 'Low' risk category materials are generally not considered to cause any immediate concern and are unlikely to present any significant risk under reasonably foreseeable circumstances. Periodic condition monitoring is however advisable.'Low' risk category materials are generally not considered to cause any immediate concern and are unlikely to present any significant risk under reasonably foreseeable circumstances. Periodic condition monitoring is however advisable.

Very Low Potential Risk 'Very Low' risk category materials are generally of a cement, resin or plastic based material and are not considered to cause any immediate concern, as these are unlikely to present any significant risk under reasonably foreseeable circumstances. Periodic condition monitoring is however advisable'Very Low' risk category materials are generally of a cement, resin or plastic based material and are not considered to cause any immediate concern, as these are unlikely to present any significant risk under reasonably foreseeable circumstances. Periodic condition monitoring is however advisable

Example Assessments

Regulation 4- Summary (a) Reasonable steps to find ACMs and check condition (b) Presume materials contain asbestos – unless strong evidence to suppose they do not (c) Make a written record of locations and keep record up to date (d) Assess risk of anyone being exposed (e) Prepare a plan to manage the risk

Making The Management Plan “ The management plan should set out how the risks identified from asbestos will be managed. Details should include:” ACoP para 129 ACoP para 129

Details (ACoP) Identify persons responsible for managing the riskIdentify persons responsible for managing the risk Asbestos register informationAsbestos register information Instruction that work on the fabric of the building cannot start without first checking the register – including the proceduresInstruction that work on the fabric of the building cannot start without first checking the register – including the procedures Work identified from the risk assessments (repairs, protection, removal)Work identified from the risk assessments (repairs, protection, removal) Condition monitoring scheduleCondition monitoring schedule Communication arrangements for the planCommunication arrangements for the plan Contingency arrangements if responsible person unavailableContingency arrangements if responsible person unavailable

Actioning The Management Plan (ACoP) Actioning The Management Plan (ACoP) Dutyholder should ensure that the plan is implementedDutyholder should ensure that the plan is implemented Prioritise actions with high priority for damaged / potential disturbancePrioritise actions with high priority for damaged / potential disturbance Obtain specialist advice if necessaryObtain specialist advice if necessary Procedures & responsibilities to ensure information is shareProcedures & responsibilities to ensure information is share Available on site and kept up to dateAvailable on site and kept up to date Work should only start when the dutyholder is sure information is known and understood and that the information is easily accessibleWork should only start when the dutyholder is sure information is known and understood and that the information is easily accessible

Management Plan Details (HSG 227) Asbestos materials record systemAsbestos materials record system Priority assessment methodologyPriority assessment methodology Rationale for management optionsRationale for management options ACM condition monitoring arrangementsACM condition monitoring arrangements Training arrangements for employees and contractorsTraining arrangements for employees and contractors Mechanism to pass information on asbestos to contractors and othersMechanism to pass information on asbestos to contractors and others Employees and their responsibilitiesEmployees and their responsibilities Authorisations to amend the planAuthorisations to amend the plan Monitoring and review proceduresMonitoring and review procedures Timetables for each area aboveTimetables for each area above

Review and Updating (ACoP) Minimum 12 monthly review and if circumstances changeMinimum 12 monthly review and if circumstances change ACMs inspected and assessed “periodically”ACMs inspected and assessed “periodically” location location condition condition occupancy occupancy instances of failures instances of failures Periodic checks (audits)Periodic checks (audits) Communication – including to emergency servicesCommunication – including to emergency services

Bernard Coulombe, the President of Jeffery Mine Inc. “We have 200 million tonnes of proven ore reserves. It's good for the next 50 years,”