HSE Changes Control of Asbestos Regulations (1st April 2012)
Currently there are two types of asbestos related remedial works: -
| 1. |
Licensable – Require HSE licensed contractors, notification to authorities and fully controlled conditions |
| 2. |
Non-Licensable – Currently for certain Asbestos Containing Materials(ACMs) anybody can undertake the works with minimal precautions |
In line with an EU directive which has been questioned, the UK have agreed to change their regulations to ensure anybody in a commercial capacity is protected from the possible exposure to asbestos.
The new regulations incorporating the new category (Non Licensable Notifiable Work – NLNW) which comes into force on 1st April 2012 basically means that work on, with or in the vicinity of any form of ACMs including those previously excluded requires more control. In essence if you are involved in any capacity with work on or near: -
| Textured Coating(Artex) – Ceiling |
Bitumen Products(Roofing etc) |
Cement Products (Roof) |
| Textured Coating(Artex) – Walls |
Rope Products(Fuses) |
Cement Windowsills & Cisterns |
| Floor Tiles(and adhesive) |
Asbestos Gaskets or String |
Cement Panels(doors, ceilings) |
| Textiles Products |
Asbestos Paper Products |
Cement Soffits, Fascias, Porches |
Any works carried out on, or anyone who is an operative involved in the above will now require the following: -
| 1. |
Notification to Authorities (HSE/EHO) –Possibly 10 minutes on specific HSE form similar to current ASB-5 |
| 2. |
Health (Exposure) Records for any operative involved on a daily basis or as applicable |
| 3. |
Medical Surveillance – Medicals in advance and every 3 years for all/any operative involved in work |
| 4. |
RPE – Face fit tests and retained certificates available for any operative |
| 5. |
Plant & Equipment – H-type Vacuums, CAT 3 (type 5) overalls, FFP3 Masks, Static Cloths + much more |
| 6. |
Training – Ensure all/any personnel involved in NLNW are suitable and competently trained for the task |
| 7. |
Documentation – suitable risk assessments and/or method statements |
The HSE has amended the regulations in line with this EU directive. Incorporating this into the current system it means NLNW requires notification of any works on the above ACMs. It is believed the authorities do not have the resource to actually police the new regulations, so instead of reviewing these notifications in advance or during the works, at any time thereafter they can request documented evidence of the notification and disposal in relation to any historic works undertaken on ACMs within any property or on any project. If the information is not forthcoming or available they can fine you for a ‘breach’ of regulation and currently the fine for each breach is £5,000.00.
|
Here are some examples: |
| 1. |
Plumbing – Running heating pipes through ‘Artex’ walls/ceilings or into ceiling voids |
| 2. |
M&E – Removal, alteration or similar to trucking or duct work |
| 3. |
Electrical – Drilling into ceilings, walls, soffits, fascias or similar containing ACMs (cement, artex etc) |
| 4. |
Flooring – Removal of floor tiles, vinyl coverings, adhesives, screeds or similar |
| 5. |
Plant Removal – Boilers, tanks, pipe work or similar containing asbestos gaskets, expansion joints or rope |
| 6. |
Maintenance Activates – General continual tasks in the course of day-to-day building management |
Virtually any work with asbestos going forward will require stringent control and in practice the options are: -
| 1. |
In House Capacity – Train, manage, equip, record and retain all/any NLNW works incurring cost internally |
| 2. |
Sub Contract – Outsource the works to competent or licensed contractors to satisfy all requirements |
This amendment gives the authorities the ability to review any works whatsoever using information that is readily available in and in hindsight if the document trail is not in place significantly fine the relevant party/parties.
BEWARE AND MAKE SURE YOU ARE CLEAR ON THE AMENDMENTS AND TO YOUR EXPOSURE TO AVOID PENALTIES!!!