Managing Asbestos

“It’s the roof over your head, the brakes in your car, the fire stop in your office, It’s a life protector!”

Advertisement – Turner & Newall Ltd 1997

By Terry ap Hywel CFIOSH Health and Safety Consultant [email protected]

Ó Terry ap Hywel 2018

Contents INTRODUCTION ...... 1 AIMS AND OBJECTIVES OF THIS COURSE ...... 1 PROGRAMME ...... 3

WHAT IS ASBESTOS? ...... 4

HEALTH EFFECTS OF EXPOSURE TO ASBESTOS...... 6

USES OF ASBESTOS IN BUILDINGS ...... 9 1. SURFACING MATERIAL ...... 9 2. THERMAL SYSTEM INSULATION (TSI) ...... 10 3. MISCELLANEOUS MATERIALS ...... 12 MANAGING ASBESTOS EXPOSURE ...... 14 ASBESTOS REGISTER ...... 14 ...... 16 ASSESSMENT OF ASBESTOS-CONTAINING MATERIALS ...... 17 IMPLEMENTATION OF CORRECTIVE MEASURES ...... 20 ASBESTOS-RELATED TRAINING ...... 24 SURVEILLANCE ...... 24 REVIEW...... 24 REACTING TO ASBESTOS ...... 25

LEGAL CONTROLS FOR ASBESTOS ...... 26 GENERAL DUTIES ...... 26 LEGISLATION AND CONTRACTORS...... 28 CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2015...... 31 GENERAL INFORMATION ...... 31 ASBESTOS LEGISLATION ...... 31 CONTROL OF ASBESTOS REGULATIONS 2006 ...... 33 ASBESTOS RELATED PROSECUTIONS ...... 37 HEALTH AND SAFETY IN THE CIVIL SYSTEM ...... 38 APPENDICES...... 42 APPENDIX 1 - REFERENCES ...... 42 APPENDIX 2 - ASSOCIATED OCTEL PROSECUTION ...... 44 APPENDIX 3 - METHOD STATEMENTS AIDE MEMOIR ...... 46

Ó Terry ap Hywel 2018 Managing Asbestos

INTRODUCTION Aims and objectives of this course This course is intended for Safety Professionals and those in executive and managerial positions. The aim of the course is to provide delegates with the skills and knowledge needed to manage the existence of asbestos in buildings. Emergency planning for asbestos “scares” will also be covered Course objectives After successfully completing the course the manager will be better able to : • Know how to determine where asbestos is likely to be located in buildings; • to write a policy for dealing with asbestos; • to assess risks posed by the type and condition of building materials containing asbestos - both to the occupants and to those undertaking maintenance, refurbishment or other activities likely to disturb or damage asbestos; • Know how to handle an emergency or asbestos “scare”; and • Know when to use air monitoring and bulk sampling and be able to explain the results to others. Taking part in the Course It is often useful for delegates to illustrate (or contradict!) some matter being discussed by a practical example and therefore if you feel that your experiences can contribute to the subject being discussed or you require further clarification please feel free to make a comment or ask a question at any time. In some cases the Course Tutor may feel that the subject matter of a comment or question will be dealt with later in the programme, and will say so, but often these interjections will open useful discussions.

Take a full part in any syndicate exercises, these are particularly valuable in consolidating the principles discussed during the lectures and sharing the knowledge and experience of the course members.

We hope you will gain practical value from the course and find it as enjoyable an experience as any training course can be. Course Tutor This course has been prepared and is presented by Terry ap Hywel. Terry is an independent Occupational Health and Safety Consultant providing services to organisations throughout the UK and Europe.

Terry’s career began in construction design, management and engineering. This was followed by over 40 years experience in health and safety, most of which he has been engaged as a consultant by a variety of organisations across the whole range of industries and commerce. He has also provided a wide range of training courses mainly directed at Managers, Supervisors and Technical staff.

During his career as a consultant he has worked for a company specialising in asbestos removal consultancy work including the provision of accredited bulk sampling and air

Ó Terry ap Hywel 2018 1 Managing Asbestos monitoring services. He has also assisted employers, property and facilities management organisations, and licensed asbestos removal contractors in the development of appropriate management systems.

Terry has presented papers on various aspects of health and safety at many seminars and conferences in the UK and overseas, and has written and contributed to a number of publications

Terry has qualifications in Building and is a Chartered Fellow of the Institution of Occupational Safety and Health (IOSH).

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PROGRAMME This is a general programme and provides an indication only of the order of topics. The order may be changed and some topics may not be covered depending on course duration and timing and the level of knowledge of the attending delegates. Introduction and Course objectives Course administration, objectives and tutor/delegate introductions. Why manage asbestos? Humanitarian, legal and cost implications for managers. What is asbestos? Types, chemical properties, source, etc. Health effects of exposure to asbestos. Asbestosis, mesothelioma, lung cancer, etc. Uses of asbestos in buildings Where used, when used, most likely situations, recognition, sampling strategies, records, etc. Managing asbestos exposure Creating an asbestos register, asbestos surveys. Removal or containment? Alternative materials. Assessment of exposures. Planning of work Controlling and monitoring work in progress. Selection of asbestos removal contractors. Selection of laboratory services. Reacting to asbestos Employee relations, public relations. Legal Controls for asbestos Criminal and civil liabilities Health and Safety at Work etc. Act 1974 Management of Health and Safety at Work Regulations 1999 Control of Asbestos at Work Regulations 2006 Construction (Design and Management) Regulations 2007 etc. Course review and open forum

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WHAT IS ASBESTOS? "Asbestos" (from the Greek for incombustible or indestructible) is a commercial term given to minerals that occur naturally and are composed of certain hydrated silicates when these silicates crystallise into the asbestiform (fibrous) variety. The mineral consists of strong, flexible fibres that can be separated into thin threads and woven. These fibres are not affected by heat or chemicals and do not conduct electricity. For these reasons, asbestos has been widely used in many industries. There are six recognised varieties of asbestos.

• Chrysotile, or “White” asbestos (curly, flexible white fibres);

• Amosite or “Brown” asbestos (straight, brittle fibres that are light grey to pale brown in colour). The correct mineralogical name is fibrous Grünerite. The name amosite is derived from “Asbestos Mines of South Africa”;

• Crocidolite, or “Blue” asbestos (straight fibres coloured dark blue, blue/green, violet);

• Fibrous Anthophyllite (brittle white fibres).

• Fibrous Tremolite

• Fibrous Actinolite

The first three of these are the most common in commercial use.

All colours are subject to change under conditions of extreme heat.

Chrysotile asbestos, with its curly fibres, is in the serpentine family of minerals. The other types of asbestos, which all have straight needle-like fibres, are known as amphiboles.

Fig 1 Amphibole asbestos Fig 2 Chrysotile asbestos

Asbestos fibre masses tend to break easily into a dust composed of tiny fibres that can float in the air and stick to clothes. The fibres may be easily inhaled or swallowed and can cause serious health problems.

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Chrysotile, or white asbestos, accounts for more than 98% of world asbestos consumption. Its fibres are characterised by high tensile strength, resistance to alkalis, high flexibility and good spinnability.

Crocidolite or blue asbestos is the strongest of the asbestos fibres. It has high tensile strength and acid resistance. Amosite or brown asbestos, is highly resistant to heat and quite flexible, but may be susceptible to strong acids and alkalis. It has less tensile strength than chrysotile or crocidolite and has only fair spinnability.

Asbestos has been mined in various countries such as the USA, Canada (where there is a town called Asbestos!), South Africa, Russia, New South Wales, Corsica, etc. Its fire resistant properties have been known for centuries. It was used as wicks in lamps and in Pharaoh mummy wrappings by the Egyptians, it was woven into cloth and wrapped around corpses by the Romans so that the remains could be collected after being on the funeral pyre. It began to be used commercially in the late 1800s, but its use increased greatly during World War II. Since then, it has been used extensively throughout the world in many industries, particularly in the construction industry, up until the early 1980’s when evidence of its harmful effects became overwhelming and legislative controls made its use uneconomic and controversial.

The importation, supply and use of amphibole asbestos and products containing it have been reduced by voluntary agreements since the 1980’s and prohibited by law in the UK since the 1st January 1993 by the Asbestos (Prohibitions) Regulations 1992. These regulations also prohibited the spraying of any type of asbestos and also the supply and use of certain products containing chrysotile such as paints, fillers, decorative products, air filters for gas, certain textiles, etc. All member countries of the EU had until 1 January 2005 to ban all forms of asbestos. In the UK this was completed on 24th November 1999 by the Asbestos (Prohibitions) (Amendment) Regulations 1999.

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HEALTH EFFECTS OF EXPOSURE TO ASBESTOS.

“I recommend that you do not purchase quarry slaves from the asbestos mines because they die young." Gaius Plinius Secundus, better known as Pliny the Elder (23 – 79 AD)

Asbestos-related diseases already kill an estimated 4000 + people each year in the UK. This number is expected to go on rising until about 2016. It may reach over 5000 deaths each year.

There is usually a long delay between first exposure to asbestos dust and the diagnosis of disease. This can vary between 15-60 years. The vast majority of people now dying were exposed to asbestos during the 1950s and 1960s when the use of asbestos in the UK was at its peak.

For many years, dust concentrations of up to 200 f/ml could be found in certain asbestos industry sectors, particularly those involving the use of friable (spray-on) applications. In many workplace environments, dust clouds were so thick that it was difficult for workers to see each other even at short distances. Construction and maintenance workers were subject to high intermittent exposure on work sites. This resulted in a number of asbestos-related diseases among workers, including:

• Asbestosis: the scarring of the lung tissue which can impede normal respiratory function and possibly result in death due to heart failure, respiratory infections; or lung cancer;

• Lung cancer: malignant, invasive growth or tumour in the lung; and,

• Mesothelioma: malignant tumour of the lining of the chest or abdominal cavities.

Evidence regarding the association of asbestos exposure to other various diseases is unclear, particularly in the case of laryngeal cancer and ovarian cancer. In the case of gastrointestinal cancer, laboratory experiments have failed to produce gastrointestinal tumours in animals exposed to asbestos. In addition, epidemiological studies conducted to date provide little convincing evidence of an association between asbestos in public water supplies and cancer. Therefore there is broad scientific consensus that asbestos does not present a significant risk of cancer by the route of ingestion.

The greatest cause of lung cancer is undoubtedly smoking tobacco. However, lung cancer also occurs among asbestos workers exposed to high levels of dust.

Many studies have shown that a synergism of action between smoking and asbestos exposure is particularly hazardous. Cigarette smokers, on the average, are 11 times as likely to develop lung cancer as are non-smokers. For non-smokers who work with asbestos, the risk is about five times greater than for those in the general population. By contrast, smokers who also are heavily exposed to asbestos are as much as 55 times more likely to develop lung cancer than are non-exposed individuals who do not smoke. Smoking does not appear to increase the risk of mesothelioma, however.

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There is evidence that quitting smoking will reduce the risk of lung cancer among asbestos- exposed workers, perhaps by as much as half or more after at least 5 years without smoking. People who were exposed to asbestos on the job at any time during their life or who suspect they may have been exposed should not smoke. If they smoke, they should stop.

The 1990's have seen significant advances in the understanding of mechanisms of fibre- induced disease. Today it is known that the risk of fibre related disease is determined by essentially 3 factors:

• Dose - the quantity of dust inhaled over time;

• Dimension - whether a material generates respirable dust; that is dust that contains fibres which are longer than 5 microns in length and less than 3 microns in diameter with an aspect ratio greater than 3 to 1; and,

• Durability - or biopersistence of such dust in the human lung.

In general, long thin, durable fibres are the most hazardous to health. Fibres shorter than 5 microns in length are not considered to present a health risk because of the ability of the body's natural defence mechanisms to deal effectively with contaminants of this size and nature.

Based on both animal and human studies, all forms of asbestos have been classified as Class I "known human carcinogens" by the International Agency for Research on Cancer. However, there is also a clear international scientific consensus that chrysotile is less hazardous than the amphibole varieties of asbestos. Not only is chrysotile a less dusty material because of its physical properties, it also has a tendency to break down and dissolve in body fluid and thus is more easily cleared from the lungs by natural defence mechanisms.

Amphibole forms, on the other hand, are more dusty materials as well as more durable and persist in the lung once inhaled. The increased potency of amphibole forms of asbestos to chrysotile is corroborated by both animal and human studies.

Scientists believe that 250,000 men will die from mesothelioma in Western Europe between 1995 and 2029. An analysis of epidemiological data from Britain, France, Germany, Italy, the Netherlands and Switzerland reveals that “the highest risk will be suffered by men born around 1945-50, of whom about 1 in 150 will die of mesothelioma.” The European mesothelioma epidemic by J Peto, A Decarli, C L Vecchia, F Levi and E Negri appeared in the British Journal of Cancer (1999).

Predictions that an equal number of asbestos-related lung cancer fatalities will occur have been criticised as gross underestimates. On previous occasions, the HSE has estimated that for every one mesothelioma death, there are two to three asbestos-related lung cancer deaths. Based on these guidelines, the total respiratory cancer burden (mesothelioma plus asbestos- related lung cancer) in Western Europe could be as high as one million.

In their paper: Pleural mesothelioma in Sweden: an analysis of the incidence according to the use of asbestos in the Journal of Occupational and Environmental Medicine (1999), B Jarvholm, A Englund and M Albin conclude: “The annual incidence of pleural mesothelioma

Ó Terry ap Hywel 2018 7 Managing Asbestos attributable to occupational exposure to asbestos is today larger than all fatal occupational accidents in Sweden. There is no obvious indications that the preventative measures have decreased the risk of pleural mesothelioma.” Of particular interest is the assertion that: “The present situation in Sweden is caused by a situation in which at least 90% of the asbestos used was chrysotile.”

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USES OF ASBESTOS IN BUILDINGS Thousands of tonnes of asbestos were used in buildings in the past and much of it is still in place. Asbestos is likely to be present if:

• The building was constructed or refurbished between 1950-1980; and particularly if it also • has a steel frame; and/or • has boilers with thermal insulation.

Its most common uses were:

• as a spray coating on steel work, concrete walls and ceilings, for fire protection and insulation; • as insulation lagging in buildings and factories, on pipework, and for boilers and ducts; • as asbestos insulating board, such as Asbestolux and Marinite, used as wall partitions, fire doors, ceiling tiles etc.; • as asbestos cement products such as sheeting on walls and roofs, tiles, cold water tanks, gutters, pipes • and in decorative plaster finishes.

The following provides more detailed information on these uses:

1. Surfacing Material defined as any material sprayed or troweled on surfaces (walls, ceilings, and structural members) for acoustical, decorative, or fireproofing purposes. This includes plaster and fireproofing insulation. a. Structural Fireproofing – non-fireproofing structural steel frames of buildings could melt or lose their strength if exposed to the excessive heat of a building fire. Thus, the steel components of many buildings were sprayed with a mineral fireproofing which often contained asbestos. Asbestos content varies from a few percent up to 40% or 50%. Usually, structural fireproofing can vary from fairly hard to very soft and friable. Thickness can vary from one inch up to three or four inches.

b. Acoustic Insulation – asbestos is commonly found in spray or trowel applied acoustic insulation on building ceilings and walls. The concentration can vary from less than 1% up to 25%. Chrysotile is by far the most common variety of asbestos found in acoustic applications but amosite occurs occasionally. Spray applied product are almost always friable. Troweled on insulation can be somewhat friable but is often very hard and cement-like (cementitious).

c. Textured Paints and Plasters – many textured and plasters used to contain asbestos in relatively low concentrations. Usually the variety of asbestos involved is chrysotile. Textured paints and plasters run the range from fairly friable and soft to very hard and non-friable.

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2. Thermal System Insulation (TSI) Material used to inhibit heat transfer or prevent condensation on pipes, fittings, boilers, tanks, ducts or other various other components of hot and cold water systems and heating, ventilation and air conditioning (HVAC) systems. This includes pipe lagging, pipe wrap, block, and blanket insulation, cements and "muds", and a variety of other products such as gaskets and ropes. a. Pipe Insulation – Hot steam and water pipes were very commonly insulated with asbestos containing materials. The asbestos present can be in several forms:

Aircell – a corrugated asbestos paper product, which looks, like grey cardboard. Various trade names include Asbestocel, Carcycel, and others. Aircell almost always contains chrysotile, usually in very high concentrations, ranging from 50 to 90%. Aircell can be very friable if damaged. Sometimes found with a silver aluminised finish.

Block insulation – asbestos was mixed with other binders and cast into rigid forms to form block pipe insulation. Most types of block insulation are covered with lagging cloth made of canvas, tar paper, metal jackets or woven asbestos. However, certain types were designed to be used without any surface covering. Block insulation ranges from 10 to 80% in asbestos content, mostly chrysotile and amosite. Pipe or block insulation with a decaying outer surface is almost always friable. The following types of block insulation are commonly encountered on pipes:

• Carbonate of Magnesia: Chemically the major ingredient of this material is basic magnesium carbonate, commonly called magnesia. Asbestos fibre was mixed with it, and the slurry was cast in appropriate moulds. A mixture of 85% magnesia and 15% asbestos-fibre reinforcement was the best known and most commonly used insulation.

• Laminated Asbestos Felt: Often called asbestos sponge felt, this product was made by all manufacturers of the 85% percent magnesia, in both pipe covering and block or sheet form. It is a very heavy product, weighing about 30 lb. per cubic foot. It was supplied as pipe covering in sectional form for all commercial pipe sizes.

• Amosite Sheeting: Amosite fibre was processed and felted to produce an insulation material having good mechanical strength and insulation efficiency. It was sold as pipe insulation, blocks or sheets, but it is basically a single layer material, particularly for pipe insulation.

• Hydrous Calcium Silicate: Calsil is very similar to 85% magnesia in look, conductivity, weight, and cost. Calsil is a chemical compound of lime and silica with no added binder. A "nominal" percentage of asbestos fibres is included for mechanical effect. High-temperature calcium silicate insulation, a more expensive later development, was used against hot surfaces, and applied under layers of cheap insulation to back up refractory walls in furnaces and boilers and for fireproofing steel columns, supports, and skirts of vessels and similar applications.

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• Diatomaceous Earth with Asbestos Fibre: This is a high temperature material for service up to 1900° F. It is composed of calcined diatomaceous earth, which is nearly pure silica, and asbestos fibre compounded together to obtain a mechanical bond. Diatomaceous silica is composed of the remains of diatoms, one of the simplest forms of marine life. The combination of this refractory material with asbestos fibre and bonding clay is moulded into pipe covering and blocks. This insulation was generally used as a first layer in combination with cheaper materials in high temperature application.

• Elbow/Joint Mud & Fillers: "Insulation mud" (sometimes referred to as "cement"), which often contained 5-30% asbestos, was commonly used for two applications. The first is for the insulation of irregular surfaces such as bends, tees, valves, and other fittings up to 3 inches in size. The second important use is for finishing, that is, to smooth off the surface of block insulation or to provide a hard, even surface over blanket type materials. Chrysotile and amosite mixed with bonding clays (and occasionally mineral wool or expanded mica) were very common in this application. Pure asbestos was also used as a "filler" to be poured into space that were otherwise inaccessible. Intact elbow mud is usually fairly hard and non-friable. Damaged or decaying mud is extremely friable. b. Air Supply Duct Wrap – Hot air supply ducts in buildings were often wrapped with one or more varieties of asbestos containing products.

All of these "duct wraps" are asbestos paper products where the asbestos fibres have been substituted for cellulose fibres. The most common application is aircell, similar to the corrugated, cardboard-liked product found around pipes. Sometimes the exterior surface of the aircell is coated with a thin metal foil.

Some asbestos paper products have been used as arcing protection in electrical switching cabinets.

Another common product is asbestos sheeting, flat sheets or thick paper wrapped around the duct in many layers. Another very common product is asbestos taping; a thick, textured asbestos paper tape used in registers and ductwork seams or return air ducts. Asbestos tape was often applied inside of air supply registers. In large building, asbestos tape was very commonly applied at the edges of fibreglass sheets installed over air ducts for acoustic insulation purposes.

All of these asbestos paper products manufactured before the early 1960’s contained high (50-90%) levels of asbestos, almost exclusively chrysotile. Paper-based insulation products manufactured after the early 1960’s usually contained 35-50% asbestos. Friability ranges from low for well adhered, thin products to fairly high for deteriorating, poorly adhered applications. c. Boiler Insulation – Boilers are very commonly insulated with asbestos blocks and mud products similar to those found on pipes. Preformed blocks, sheets and bricks of asbestos plus binders were wrapped around the exterior metal surface of the boiler and held in place with asbestos mud and a covering cloth of canvas or asbestos. As in block pipe insulation, asbestos concentration can vary widely, in this instance from

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10 to 80%. Chrysotile is the most common asbestos variety. Amosite shows up occasionally, especially in the mudding compounds. Intact boiler insulation is non- friable. Damaged or decaying insulation can be extremely friable. Gaskets or seals containing asbestos can also be found in boilers.

d. Furnace Insulation – Hot air furnaces and plenums were often wrapped with asbestos products identical to those used on pipe insulation. Occasionally, some internal components have been insulated with asbestos products. The characteristics of these products are described above under pipe and duct insulation. e. Exhaust Systems – Many exhaust ventilation ducts running off of water heaters, small furnaces and some laboratory fume hoods are made of asbestos cement, commonly referred to by the trade name Transite. Asbestos cement contains 10-50% of chrysotile, amosite, or crocidolite. Intact transite ductwork is non-friable. However, any activity which disturbs the material integrity such as drilling, or sawing will release asbestos fibres into the air. Portion of these exhaust ducts are often made of copper or sheet metal and the seams are commonly wrapped with 4" wide asbestos taping. f. Fabric Vibration Isolation Joints – Large HVAC fans are often isolated from their associated ductwork with a flexible cloth made of asbestos. This cloth is 50-90% chrysotile asbestos and is usually friable.

3. Miscellaneous Materials includes other products and materials such as floor tile, ceiling tile, roofing felt, concrete pipe, outdoor cladding, and fabrics. a. Walls – Building walls were constructed with a number of products, which might contain asbestos. Asbestos was very common in joint or taping compound used to fill the cracks in plasterboard barriers. Plasterboard itself rarely contains asbestos. Plaster can contain asbestos but it is fairly rare. Sometimes, walls are made of asbestos insulating board (e.g. “asbestolux” sheets), which contain 10-50% asbestos, usually Amosite, that are nailed to studs. All of these wall applications for asbestos are non-friable unless they are cut into, subject to abrasion or decaying.

b. Roofing – Asbestos was used extensively in roofing products. Asbestos containing roofing products include asphalt asbestos tiles, corrugated asbestos cement sheets, asbestos cement slates, soffit board, roofing felt, roofing paint and roof patching compound. Formed asbestos cement goods such as guttering, downpipes, drainage pipes, etc. especially for industrial application have been widely used. All of these products are considered non-friable when they are new. Heat, water, corrosive fumes and time can cause these products to become moderately friable. Asbestos content varies widely; chrysotile is by far the most common type.

c. Ceiling Tiles – A very small percentage of acoustic ceiling tiles contain asbestos. Usually, these tiles are made of pressed cellulose, wood pulp, fibreglass, or other mineral wool, alone or in combination, sometimes with an asbestos backing. “Asbestolux” has been used as a ceiling material. When present, the concentration of asbestos is usually amosite in the range of 5-20%. Most ceiling tiles are considered slightly to moderately friable.

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d. Vinyl or Asphalt Asbestos Floor Tiles – Asbestos was very commonly used to reinforce vinyl or asphalt floor tiles. Many 9"x 9" tiles and some larger 12" square tiles were produced with 5-25% asbestos. Vinyl asbestos floor tiles are generally considered non-friable unless severely disturbed or subjected to abrasion. However, the compound used to hold these tiles to the sub-floor often contains asbestos. Old adhesive can be quite friable and may release fibres if the overlying tile is removed. e. Vinyl Sheet Floor Covering (linoleum) – Old linoleum can possess a semi-friable backing of 20-60% chrysotile asbestos. This backing is not very friable on the non- installed product; however, tearing up old linoleum, which was glued down, can severely disrupt this backing material, and release asbestos fibres. f. Textured Paints and Plasters – many textured and plasters e.g. “artex” used to contain asbestos in relatively low concentrations. Usually the variety of asbestos involved is chrysotile. Textured paints and plasters run the range from fairly friable and soft to very hard and non-friable.

The following extract is from HSE Guidance “Asbestos - the Survey Guide” HSG 264.

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MANAGING ASBESTOS EXPOSURE Those who own, manage or have responsibilities for premises that contain or may contain asbestos, must consider the risk of exposure to workers and others who may use the building. They must define a management system to identify, assess and manage any asbestos materials on the premises.

The management system should include the following:

• Preparation of an Asbestos Register • Assess any asbestos materials in the building and establish the most appropriate measures to control potential exposures; • Implementation of corrective measures, if required; • Establish asbestos-related operations and maintenance procedures; • Obtain proper equipment and supplies; • Provide training to all parties involved with the Asbestos Management System; • Conduct periodic surveillance of asbestos-containing materials in the building and execute all necessary corrective measures, if required.

Asbestos Register An Asbestos Register should be created for a building. The register will contain information on materials used in the building and whether any of the materials contain asbestos. It is not possible to identify materials that contain asbestos by visual inspection alone therefore analysis by a laboratory is the only positive way of being sure if asbestos is, or is not present. The first step in the creation of the register therefore is to arrange for a survey.

There are two levels of survey defined in the HSE Guidance “Asbestos - the Survey Guide” HSG 264. This recommends that the survey should be undertaken by organisations with accreditation from UKAS for the carrying out of surveys to EN45004.

1 A Management Survey where a person or team with suitable competence carry out a survey which includes the taking and laboratory analysis of samples that are readily accessible and making presumptions of the presence of asbestos elsewhere. 2 A Demolition/Refurbishment Survey where holes are cut in brickwork, concrete, etc. to get to parts of the building that may contain asbestos but are not readily accessible. This type of survey will be necessary if the building is to be demolished or major refurbishment is to be carried out.

The following information should be considered by the client before the survey to assist the surveyor

• Why the survey is needed? • What type(s) of survey is needed? • What information must the survey provide? • What format do I want the report in (asbestos register, drawings, electronic, printed etc)? • What information will the surveyor require?

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o Details of buildings or parts of buildings to be surveyed o Plans, documents, reports and surveys on design, structure and construction. o Information from landlord, leaseholder, architect, etc. as applicable o Information on the different phases of construction, additions and the history of major renovation work o Survey type(s) required. o Details of building(s) use, processes, hazards, priority areas. o Safety and security information: fire alarm testing, special clothing areas (eg food production). o Access arrangements and permits. o Contacts for operational or health and safety issues.

An Asbestos Register may be in any form but normally will include annotated plans and a summary of the survey report. The Register will be more readily accessible and kept up to date if maintained in data format on a computer, networked if necessary to ensure that the information is available to those who need it, or linked into the building maintenance system.

The following extract showing a suggested layout of a register is from HSE Guidance “Asbestos - the Survey Guide” HSG 264.

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Address: Date:

Location Product Extent Accessibility Condition Surface Asbestos Sample Sampled/ Material Priority type treatment type no presumed/ assessment score strongly score and presumed action Action

Store AIB Whole Medium Good Painted Amosite 1 Sampled 4 5 12 room 2, ceiling one face samples BC408 120 m2 only ceiling

Store Asbestos 21 m2 Medium Good Encapsul- Amosite 2 Sampled 1 5 12 room 2, board ated by sample BC408 on door wood in fire door carcass door (AIB)

Meeting Asbestos 5 m2 Medium Good Painted Amosite 3 Sampled 1 5 13 room 2, ceiling one face sample BC412, tiles (AIB) only ceiling

Canteen, Cushion 5 m2 Easy Good- Covered Chrysotile 4 Sampled 1 4 11 BC410, floor damage to by vinyl sample lino on (paper) edge floor

Corridor, Woven Possibly Medium Medium Unsealed Chrysotile 5 Strongly 8 14 BC411, cloth 4 items presumed remove electrical during switch next box campaign

Plant Brake 2 items Difficult Medium Unsealed Chrysotile 6 Strongly 4 10 ‘H’ room 2, shoes presumed Vac dust BC416, lift motor

Plant Pipe 24 Easy Good Sealed Crocidolite 7 Sampled 6 8 14 room 2, insulation linear and Amosite samples remove BC416, metres labelled Chrysotile during pipe next lagging campaign

Plant Asbestos 43 m2 Easy Good 1 face Chrysotile 8 Sampled 4 5 14 room 2, panels sealed and samples monitor BC416, (AIB) labelled weekly wall panels Material scores above 10 have high potential to release fibres

Table 1 Summary of survey results and format for asbestos register

Asbestos: The survey guide Page 43 of 73

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Stairwell BC404

Toilet 1 Corridor Reception Meeting room 1 BC401 BC402 BC403 BC405

Store room 1 Toilet 3 BC446 BC406

Corridor Production room Common area BC407 BC418 BC419

Store room 2 BC408

Plant room 2 Toilet 2 Kitchens BC416 BC417 BC409 Meeting room 2 Corridor Canteen Plant BC412 BC411 BC410 room 1 Vestibule BC415 BC414

Stairwell BC413 Contains asbestos

Not accessed, presumed to contain asbestos

Figure 5 Asbestos building plan

Conclusions and actions

142 The conclusions section should summarise the rooms where asbestos is present and the products/items which contain asbestos (ie it should be an ‘easy guide’ for the client/dutyholder). It should also contain a list of any actions identified in the material assessment (or the priority assessment if included) and indicate their urgency, eg immediate, middle/longer term.

Bulk analysis results

143 The survey report should also include the certificate of analysis showing the results of the samples taken. This data can be listed in an appendix with the following information:

■■ the name and address of the laboratory carrying out the bulk identification; ■■ a reference to the method used; ■■ the laboratory’s current UKAS accreditation for bulk asbestos analysis/sampling and accreditation number; ■■ a table or appendix summarising the results of the bulk analysis, including asbestos found or not found and types identified, by sample identifier; ■■ dates the bulk analysis was carried out and reported by the laboratory; and ■■ the names and signatures of the analyst and any countersigning person.

Asbestos: The survey guide Page 44 of 73

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Assessment of asbestos-containing materials After the locations of asbestos-containing materials have been identified, physical inspection and assessment of these materials are required. Evaluation of the risk presented by asbestos- containing materials in the buildings involves appraisal, by trained observers, of a number of factors. These are included in a Material Assessment and a Priority Assessment The Material Assessment Firstly the survey team should rate the material for likelihood of fibres being released based on the following factors

Product type Products where the fibres are bound into the material e.g. asbestos cement 1 Materials such as asbestos insulating board 2 Friable materials such as sprayed coatings 3

Damage/Deterioration No damage at all 0 Slight surface damage 1 Medium damage 2 High damage 3

Surface treatment Materials with a hard surface e.g. vinyl tiles, reinforced plastic 0 Enclosed friable materials or encapsulated AIB, asbestos cement 1 Unsealed AIB, encapsulated lagging, etc. 2 Unsealed lagging or sprayed asbestos 3

Asbestos type Chrysotile 1 Amphibole other than crocidolite 2 Crocidolite 3

Add the value for each together to obtain a rating from 12 down to 2. Score of 10 or more will have high potential to release fibres if disturbed, 7 to 9 medium potential, 5 and 6 low potential, 4 and below very low potential. The Priority Assessment Secondly the Occupier of the building should consider the likelihood of the materials being disturbed using the factors on the table on the next page

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Assessment Factor Score Examples of Score variables Normal occupant activity Main activity 0 Rare disturbance activity (e.g. little used store room) 1 Low disturbance activities (e.g. office type activity) 2 Periodic disturbance (e.g. industrial, vehicular 3 activity) Secondary activity as above High levels of disturbance (e.g. fire door) As above Likelihood of disturbance Location 0 Outdoors 1 Large rooms or well ventilated areas 2 Rooms up to 100 square metres 3 Confined spaces Accessibility 0 Usually inaccessible or unlikely to be disturbed 1 Occasionally likely to be disturbed 2 Easily disturbed 3 Routinely disturbed Extent/Amount 0 Small amounts or items (e.g. strings, gaskets) 1 ≤10 m2 or ≤10 m pipe run 2 >10 m2 to ≤50 m2 or >10 m to ≤50 m pipe run 3 >50 m2 or >50 m pipe run Human exposure potential Number of occupants 0 None 1 1 to 3 2 4 to 10 3 > 10 Frequency of use of area 0 Infrequent 1 Monthly 2 Weekly 3 Daily Average time area is in use 0 <1 hour 1 >1 to <3 hours 2 >3 to <6 hours 3 >6 hours Maintenance activity Type of maintenance activity 0 Minor disturbance (e.g. possibility of contact when gaining access) 1 Low disturbance (e.g. changing the light bulbs in asbestos insulating board ceiling) 2 Medium disturbance (e.g. the lifting one or two asbestos insulating board ceiling tiles to access a valve)

3 High levels of disturbance (e.g. removing a number of asbestos Frequency of maintenance insulating board ceiling tiles to replace a valve or for recabling) activity 0 ACM unlikely to be disturbed 1 ≤1 per year 2 >1 per year 3 >1 per month

There are two or three scores for each of the factors. The score for each must be averaged to arrive at the total score for the factor e.g. if the scores for Likelihood of Disturbance were

Ó Terry ap Hywel 2018 19 Managing Asbestos location = 2, accessibility = 3, Extent/amount = 1, then the score for Likelihood of Disturbance is 2 (i.e. 2 + 3 + 1= 6 then 6 ÷ 3 = 2)

The total for the Priority Assessment can be 12 down to 0. This score together with the Material Assessment score is used to decide on the action to be taken.

Based on all of the above an assessment must be undertaken by the Employer which will determine the action to be taken and the scope of the Asbestos Management System.

Implementation of corrective measures If any material containing asbestos is: • in good condition; and • is not likely to be damaged; and • is not likely to be worked on or disturbed; It is safest to leave it in place and introduce a management system.

If the material is to be left in place the corrective measures may include one or more of the following; which in each case must only be carried out by competent persons: Repairs Repair of thermal insulation includes the restoration of insulation, or the covering material, that has been damaged, usually located on pipes, boilers, tanks, ducts or other facility components. As repairs must be made with non-asbestos materials this creates the problem of knowing whether insulation contains asbestos or not in the future. This option would be considered only for minor repairs if complete removal would create an extensive risk and damage was not likely to reoccur. Enclosure Enclosure involves construction of airtight walls and ceilings around the asbestos-containing materials.

This option should only be selected if repair or removal of the asbestos-containing materials is not practicable. Encapsulation Encapsulation involves the application of an encapsulant to friable asbestos-containing materials to control the release of asbestos fibres in the air.

The encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

Encapsulation is not applicable if the material is deteriorated or has insufficient adhesion.

The encapsulation option can only be selected for limited size areas where complete removal is not warranted or practical.

Note: The use of encapsulation or enclosure, on a large scale, should be studied carefully for each application to ensure applicability and valid economics.

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Removal Asbestos removal activities involve the stripping of asbestos-containing materials from surfaces or components of a facility, and the replacement with an alternative material if the building is not to be demolished. Removal of asbestos can create high levels of airborne fibres and the protective arrangements can cause significant disruption therefore in many cases it may be safer to leave the materials in place subject to its condition and protection from being disturbed.

When the decision is made to remove asbestos-containing materials, detailed site specific specifications have to be prepared, by qualified personnel, to ensure the safety and health protection of building occupants and workers who are executing the abatement activities.

Any work with materials containing asbestos must be carried out by licensed contractors in accordance with the Control of Asbestos at Work Regulations 2006. However a License is not required if • Exposure is sporadic and low intensity (not more than 0.6 f/cm3 over 10mins) • Risk Assessment shows the Control Limit will not be exceeded (not more than 0.1 f/cm3 over 4 hours) - and • The work involves § Short, non continuous maintenance activities § Asbestos fibres firmly linked in a matrix § Encapsulation of ACM’s in a good condition § Air monitoring and bulk sampling

Note that the issue of a licence by the HSE to a contractor does not, in itself, confirm competence. The issue of a licence requires only the completion of a form and the payment of a fee, although the applicant is interviewed. The following non-exhaustive list should therefore be considered when evaluating the competence of prospective contractors.

• The actual licence issued by the Health and Safety Executive must be produced (not a photocopy). • What period does the licence cover? A licence issued for only12 months suggests that the contractor is either new to the work or the HSE has some concerns. • The safety policy statement, organisation and arrangements of the contractor must detail the systems they have defined for asbestos removal operations (not just general statements) • Detailed training records of managers and employees • Examples of method statements prepared for previous jobs • References from previous clients

The asbestos removal contractor must produce a plan of work or method statement detailing how the work is to be carried out and the preventive and protective measures to be applied. This method statement should be agreed with the client before work starts and must be available near the working area. (Regulation 7 Control of Asbestos at Work Regulations 2006). The client will particularly need to check the following especially where the client’s employees may be affected:

• Arrangements for enclosure and containment of asbestos fibres during removal operations;

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• Hygiene arrangements for asbestos removal workers and how the workers gain access to the facilities; • Arrangements for reassurance and clearance monitoring (see below); • Waste disposal arrangements

Air monitoring during asbestos removal is required, including: • Inside the removal enclosure, to ensure that fibre counts are below the maximum allowable concentration levels, taking into consideration the protection factor of the respiratory equipment used. • Outside the removal enclosure, to ensure that the removal process has no adverse impact on the fibre concentration levels in the occupied sections of the building - leak monitoring. • At the completion of the removal and cleaning process as proof of performance (clearance monitoring).

It is strongly recommended (by the HSE) that, in order to avoid any conflict of interest, all general supervision of the work and air monitoring is carried out and analysed independently of the asbestos removal contractor by a specialist accredited laboratory and consultancy service who has a licence issued by the HSE to carry out supervisory management of an asbestos removal project. As from 6 April 2007 those carrying out Clearance Testing must be accredited to ISO 17020 and ISO 17025

The independent consultant should be asked for evidence that they can carry out the following • Their UKAS Accreditation Certificates for air testing and clearance testing (and bulk sampling if appropriate) • Checks on the method statements of contractors for adequacy • Checks on the enclosure and setting up arrangements, including smoke tests and tests of negative pressure equipment and other arrangements • Regular checks during the work to see that the contractor is adhering to the method statement and to carry out enclosure leak testing • Clearance sampling when the contractor has finished work • Reassurance sampling when the enclosure has been removed Note that especially in the case of clearance sampling a representative of the laboratory should carry out a physical inspection of the enclosure before its removal and take the air samples on site.

A penalty arrangement could be included in the contract for removal in the event of the contractor not being able to properly complete the work and resulting in extra work and costs being incurred by the client from consultants not being able to issue a clearance certificate and having to make multiple visits. These additional costs should be met by the removal contractor. Asbestos Management System The purpose of an Asbestos management system is to ensure that appropriate precautionary measures are taken by maintenance and custodial workers, and outside contractors, when undertaking activities which could potentially disturb asbestos-containing materials.

The elements of the system include:

Ó Terry ap Hywel 2018 22 Managing Asbestos

• Notification of the building occupants of any work that may disturb the fabric of the premises. • Informing in-house maintenance and custodial workers and outside contractors of the location of asbestos-containing materials. • Provision of information on the location of asbestos to Principal Designer in the event of notifiable projects • Affixing warning signs or labels on, or near to, materials containing asbestos • Ensuring that all parties involved in the control program, including outside contractors, are informed of any planned potential disturbances of asbestos-containing materials. • Application of safe work procedures for planned work and emergency situations. • Maintaining proper records pertaining to asbestos control. • Ensuring that any workers, who may disturb asbestos-containing materials, have received proper training.

An asbestos management system for each building should be developed by a competent person or team. This system may be defined in a specific asbestos management system manual or will form part of the overall management system for the premises and operations. It should be made available to the operational and maintenance management staff in the building, or any outside contractors, who may disturb asbestos-containing materials, during the course of their activities.

The asbestos management manual should contain sections addressing the following topics, as applicable: • The management structure of the Asbestos Management System, which outlines the distribution of tasks, authorities, and lines of communications; • The procedure for reporting and responding to damage to materials containing asbestos or where materials suspected of containing asbestos have been discovered; • The system for the assessment of risks prior to maintenance activities or other situations where asbestos may be encountered; • The procedures for planned repair or removal of materials containing asbestos including selection, control, monitoring, etc. of contractors or employees; • Procedures for emergency repair or containment of materials discovered during maintenance or other activities which are suspected of containing asbestos; • The application of encapsulants; • Enclosure of friable asbestos-containing material; • Cleaning of dust and debris containing, or suspected of containing, asbestos; • Procedures for the disposal of asbestos waste; • The operation, care and maintenance of HEPA vacuum units; • The fitting, use, care and maintenance of respiratory equipment; • List of applicable equipment and supplies to be maintained in the building; • Training of managers, supervisors and operatives; • Maintenance of records

The cost of implementing an effective asbestos management programme, to control potential asbestos exposure in a building is fairly small, in comparison with the potential cost and high risks of complete removal. Accordingly, removal of asbestos-containing materials in good condition and in secure locations should only be considered when no other options are applicable.

Ó Terry ap Hywel 2018 23 Managing Asbestos

Asbestos-related training Training courses will be required for all participants in the Asbestos Management System. These may include: • Members of the property management group • Maintenance supervisors • Maintenance staff

Each of the above groups should be introduced to all the subjects listed below. The scope and duration of the training course will depend on the requirements of each group and their role in the Asbestos Management System. • Potential hazards associated with exposure to asbestos fibres • The location of asbestos-containing materials in the building • Applicable statutory requirements • Personal protection • Proper handling of asbestos-containing materials • All the procedures listed in the Asbestos Management System • Asbestos waste disposal • Maintenance records

The asbestos training course to be given to the maintenance staff should include, hands-on instruction on the following subjects, where applicable: • Personal protection • Emergency procedures for dealing with damage to asbestos-containing material • Response to asbestos-related spills or incidents • Building of small enclosures for minor removal of asbestos-containing materials • Maintenance and care of asbestos control equipment

Surveillance Surveillance (periodic assessment) should be performed on all asbestos-containing materials, which remain in the building. The items to be included in the surveillance program should be established after the initial survey, assessment, and corrective measures have been undertaken. All enclosed and encapsulated asbestos-containing materials should be included in the surveillance program.

The frequency of surveillance is dependent on a number of factors, such as, the condition of the materials, accessibility, level of activity in the area, etc. Corrective measures, if required, should be executed according to appropriate procedures, immediately following any surveillance program.

Regular surveillance programs are required as long as there remain friable asbestos- containing materials in the building.

Review As part of the safety management system, the asbestos management system must be subject to regular review taking into account surveillance findings, any problems identified, materials discovered, changes in legislation, reorganisation, etc.

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REACTING TO ASBESTOS Asbestos is an emotive word. In cases where asbestos has been damaged and people exposed to the possibility of breathing in fibres there has often been intensive media interest and/or industrial action. Headlines often refer to “Killer dust” and make claims that one fibre can cause cancer. For this reason it is important to have plans to deal with any emergency situation.

It is essential to manage asbestos in the way outlined in the previous sections of these notes, an emergency procedure should not be considered an alternative to properly manage risks.

The plan should include the following: • Reporting procedures for asbestos contamination • Persons responsible for co-ordinating response and RIDDOR reporting as applicable • Emergency sampling and air monitoring procedures • Emergency containment procedures and equipment • Provision of information to those affected • Training of managers and operatives in responsibilities

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LEGAL CONTROLS FOR ASBESTOS In addition to the specific asbestos legislation other statutory requirements will apply including Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999. Construction (Design and Management) Regulations 2015 will also probably apply. See appendix 1 for a more detailed list of relevant legislation and publications.

General Duties Section 2 of Health and Safety at Work etc. Act 1974 defines the general duties of employers to their employees. “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.” This obviously includes ensuring that employees are not at risk from asbestos.

By Section 2(2) the matters to which the above duty extends include, in particular, the following, to ensure safety and health so far as reasonably practicable

(a) the provision and maintenance of plant and systems of work e.g. the system of work to prevent or protect exposure to asbestos, plant such as HEPA vacuum cleaning equipment

(b) Arrangements for the use, handling, storage and transport of articles and substances. Such as asbestos or materials containing asbestos

(c) the provision of such information, instruction, training and supervision as is necessary to employees or to others who could affect the safety employees by creating contamination

(d) a safe place of work and the means of access to and egress from it that are safe.

(e) the provision and maintenance of a safe working environment and adequate as regards welfare facilities and arrangements.

Note that all the duties are qualified by the term reasonably practicable which implies that the employer must carry out an assessment of risk to establish if the duty has been complied with.

Regulation 3 of the Management of Health and Safety at Work Regulations 1999 has built on this duty and made explicit the requirement to carry out risk assessment and record the significant findings. The assessment of risk for maintenance work, for example, should include consideration of the possibility of asbestos materials being disturbed.

An employee is defined in the Act as a person who works under a contract of employment. The contract need not be in writing or expressly stated, it can be implied i.e. it may depend on matters such as the degree of control, who provides tools, equipment, materials etc.

The duty to provide information etc. (section 2(2)(c)) is to ensure the health and safety of employees, therefore it may be necessary for the employer to provide information,

Ó Terry ap Hywel 2018 26 Managing Asbestos instruction, training and supervision to others e.g. a client may need to provide information about asbestos and what do to in the event of finding suspected materials or damaging materials, to a contractor, if this is necessary to protect employees - (R v Swan Hunter Shipbuilders Ltd.)

Regulation 10 of the Management of Health and Safety at Work Regulations 1999 define the duties relating to training and information and require specific comprehensible and relevant information to be provided for employees and others. Regulation 13 Capabilities and training, spell out the employers duty to assess capabilities and provide adequate training at induction and if there are changed circumstances in the employee’s role or type of work.

Section 2(3) of the Act - It shall be the duty of every employer of 5 or more persons “to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.”

The Management of Health and Safety at Work Regulations have spelled out in more detail what should be contained in policy documents. Regulation 5 requires the employer to set up and record effective arrangements for planning, organising, controlling, monitoring and reviewing of the protective and preventive measures. Regulation 8 requires emergency procedures to be defined. The records of risk assessment prepared to meet regulation 3 can also be included in the safety policy.

The policy and management arrangements must include the systems for managing asbestos in premises.

Section 3 of the Health and Safety at Work etc. Act 1974 states the general duties of employers and self-employed to persons other than their employees It shall be the duty of every employer or self employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

An employer, (or self-employed person) must “conduct his undertaking”, that is carry out his work, in such a way that does not affect the health and safety of others such as employees of other employers or members of the public.

The Associated Octel case has shown that where an employer is using a contractor to carry out maintenance work this duty requires the employer to consider the risks involved to the Contractor’s employees as well as their own, as maintenance is part of the employer’s undertaking even though the contractor may be an expert.

This duty again implies a duty to carry out an assessment of risk as noted above in the note to section 2. The requirement under the Management of Health and Safety at Work Regulations 1999 for risk assessment includes an assessment of risk to other people who may be affected by the way that an employer conducts his undertaking.

This duty will apply to employers such as client organisations who take on contractors, contractors who carry out work in buildings occupied by others or used by the public,etc.

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Regulations 11 and 12 of the Management of Health and Safety at Work Regulations have further defined this duty to ensure co-operation and co-ordination between employers who share a workplace and to ensure that persons working in other employers premises are provided with information and instruction.

Section 4 of Health and Safety at Work etc. Act 1974 places duties on persons who control premises. Health and safety duties are placed on persons in control of premises (other than domestic premises) for the benefit of persons working in such premises, but who are not their employees, or any persons who use plant and substances made available to them for their use there.

It is the duty of the person, persons or body in control to take steps to ensure, so far as is reasonably practicable that:

• The premises, • The means of access and egress, and • The plant and substances provided for use in the premises are safe and without health risks.

Where a contract or lease expressly or by implication places responsibility for:

• Maintenance and/or repair of premises, or • Health and safety obligations in connection with plant and substances in premises, upon a particular person or body, that person or body is deemed to be in control.

This section is aimed at those who have any control over premises such as landlords or site owners to consider the safety of anyone who comes on to the premises to carry out work, e.g. contractors, or anyone who comes on the premises to use any plant or substances, e.g. customer of a launderette. Legislation and contractors Any arrangement by an organisation to use a contractor will result in a network of statutory duties for health and safety being created with all parties having to fulfil their legal responsibilities as well as those which will be imposed by any contractual arrangement. Note that statutory duties cannot be avoided by a contract (unless specifically permitted by the statute). The main duties which will apply to the use of contractors are contained in sections 2, 3 and 4 of the Health and Safety at Work etc. Act 1974. These have been further defined in Regulations 11 and 12 of the Management of Health and Safety at Work Regulations 1999. This network of duties is outlined below.

The Construction (Design and Management) Regulations 2015 imposes more detailed requirements on those involved in any construction work as client, designer or contractor. These Regulations will be considered in more detail later.

A summary follows of the duties under existing legislation that was in place before CDM. This legislation still applies now in relation to the use of contractors for any work. The duties are discussed as they apply to:

• The Client - the person or organisation for whom the work is being carried out.

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• The Contractor - the person or organisation who is to carry out the work, • The Sub-Contractor - a person or organisation who is engaged by the Contractor to carry out part of the work. Client Duties If the work is to be carried out on the client’s premises then the client has a duty to ensure that his own employees continue to have a safe place of work - Section 2 Health and Safety at Work etc. Act 1974. To fulfil this requirement the client must take steps to ensure that the contractor is competent to carry out the work safely and has included the necessary safety measures to protect occupants of the premises in his planning and costs for the work.

The Management of Health and Safety at Work Regulations 1999 - Regulation 11 requires two or more employers on the same premises to co-operate and to co-ordinate their activities to ensure that statutory requirements are complied with. There is also a duty under Regulation 12 to ensure that employers of workers from an outside undertaking are provided with information on risks on the premises etc.

To comply with these duties and to enable the contractor to plan and cost the work effectively for safety the client should ensure that the contractor is provided with sufficient information about any known asbestos materials and the precautions required to be taken are clearly specified by the contractor and agreed by the client. The client will need to monitor the work of the contractor to ensure that safeguards remain effective.

The client also has a duty to ensure that employees of the contractor are not endangered by the way the client carries out his work. (Section 3 Health and Safety at Work etc. Act 1974). This duty will require the client to provide information to the contractor on such matters as emergency procedures for asbestos in the premises, hazardous processes in the area of works, fumes or dusts, etc. emitted in the work area, movement of clients plant or transport which could affect contractors operatives etc. The client may need to consider stopping processes or removing materials etc. from the work area before the contractor starts.

This duty on the client will extend (so far as reasonably practicable) to protecting members of the public (re: Derby City Council) or employees of other organisations, including the contractor’s employees (re: Associated Octel see Appendix 2) who may be affected during the works. The client will be using a contractor to ‘conduct his undertaking’ to use the words of the Act.

A corresponding duty on the client relates to the safety of premises, although in some cases control of the premises may be the responsibility of others e.g. if the premises are leased or shared. (Section 4 Health and Safety at Work etc. Act 1974 ). Matters which need to be drawn to the contractor’s attention to meet this duty will include: any hazardous materials in the premises such as asbestos insulation, the location of underground or overhead services, contaminated ground, fragile roof material etc. In addition the client may need to co- ordinate the activities of several contractors on his premises to ensure they do not affect each others health and safety.

Various methods are used to comply with the above duties by clients such as: Contractors’ induction training sessions, Contractors’ Booklets of Safety Rules, Pre-contract meetings etc.

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Contractor Duties The contractor has a duty to his own employees to provide them with a safe place of work while on other premises therefore as part of his safe system of work he must obtain as much information as possible from the client on the hazards associated with the client’s work and premises. (Section 2 the Health and Safety at Work etc. Act).

The contractor must also ensure that his work is planned and carried out so that it does not affect the safety of others - the client’s employees, the employees of other contractors, the public who may pass by (Section 3 the Health and Safety at Work etc. Act)

On a multi Contractor Site the Main Contractor or Project Management Contractor will also probably have duties under Section 4 of the Health and Safety at Work etc. Act 1974 in relation to the premises i.e. the site.

Sub-Contractor Duties Sub-Contractors of the Contractor have similar duties. The duty on a sub-contractor to provide their employees with a safe place of work, safe systems of work etc. (Sect. 2 HASAWA) and the duty to ensure that their work does not affect the health and safety of others (Sect. 3 HASAWA) remains in law even though the employees of the sub-contractor may use plant and equipment provided by the main contractor or be under the supervision of the main contractor.

Individual Duties All employees of the client, contractor or sub-contractors have their own individual duties to ensure that their acts or omissions do not affect the health and safety of others (Section 7 the Health and Safety at Work etc. Act).

All employees must co-operate with their employer in carrying out safety requirements and must inform their employer of any hazard or health and safety problems (Reg. 12 MHSWR).

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CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 2015 General Information The Construction (Design and Management) Regulations 2015 are founded on the general duties of the Health and Safety at Work etc. Act 1974 as extended and made more explicit by the Management of Health and Safety at Work Regulations 1999.

The regulations place specific duties upon clients, designers and contractors to rethink their approach to health and safety so that it is taken into account and then co-ordinated and managed effectively throughout all stages of a construction project from conception, design and planning through to the execution of works on site and subsequent maintenance and repair, even to final demolition and removal. They can be thought of as imposing a Total Safety Management System for a structure.

The Construction (Design and Management) Regulations 2015 are part of a continuing realignment of health and safety legislation and bring together a number of concepts.

If the work to be carried out is Construction Work (as defined in the regulations) then the CDM Regulations will apply.

ASBESTOS LEGISLATION The Control of Asbestos at Work Regulations 2006 (CAW) came into force on the 13th November 2006. These Regulations bring together the three previous sets of Regulations covering the prohibition of asbestos, the control of asbestos at work and asbestos licensing.

A single Approved Code of Practice for Work with Materials Containing Asbestos, L143 which provides guidance on CAW and a updated version of the 'Approved Code of Practice for The Management of Asbestos in Non-Domestic Premises', L127, also took effect from 13th November 2006.

The revised regulations will introduce the following changes:

• single control limit of 0.1 fibres per cm3 of air for work with all types of asbestos; • specific mandatory training requirements for anyone liable to be exposed to asbestos; • requirement to analyse the concentration of asbestos in the air with measurements in accordance with the 1997 World Health Organisation recommended method; • practical guidelines for the determination of “sporadic and low intensity exposure” as required by the EU Directive; and • replace three existing sets of Asbestos Regulations.

The Regulations require mandatory training for anyone liable to be exposed to asbestos fibres at work (see regulation 10). This includes maintenance workers and others who may come into contact with or who may disturb asbestos (e.g. cable installers) as well as those involved in asbestos removal work.

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When work with asbestos or which may disturb asbestos is being carried out, the Asbestos Regulations require employers and the self-employed to prevent exposure to asbestos fibres. Where this is not reasonably practicable, they must make sure that exposure is kept as low as reasonably practicable by measures other than the use of respiratory protective equipment. The spread of asbestos must be prevented. The Regulations specify the work methods and controls that should be used to prevent exposure and spread.

Worker exposure must be below the airborne exposure limit (Control Limit). The Asbestos Regulations have a single Control Limit for all types of asbestos of 0.1 fibres per cm3. A Control Limit is a maximum concentration of asbestos fibres in the air (averaged over any continuous 4 hour period) that must not be exceeded.

In addition, short term exposures must be strictly controlled and worker exposure should not exceed 0.6 fibres per cm3 of air averaged over any continuous 10 minute period using respiratory protective equipment if exposure cannot be reduced sufficiently using other means.

Respiratory protective equipment is an important part of the control regime but it must not be the sole measure used to reduce exposure and should only be used to supplement other measures. Work methods that control the release of fibres such as those detailed in the Asbestos Essentials task sheets for non-licensed work should be used. Respiratory protective equipment must be suitable, must fit properly and must ensure that worker exposure is reduced as low as is reasonably practicable.

Most asbestos removal work must be undertaken by a licensed contractor but any decision on whether particular work is licensable is based on the risk. Work is only exempt from licensing if:

• the exposure of employees to asbestos fibres is sporadic and of low intensity (but exposure cannot be considered to be sporadic and of low intensity if the concentration of asbestos in the air is liable to exceed 0.6 fibres per cm3 measured over 10 minutes); and • it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit (0.1 fibres per cm3 over 4 hours); and • the work involves: § short, non-continuous maintenance activities. Work can only be considered as short, non-continuous maintenance activities if any one person carries out work with these materials for less than one hour in a seven-day period. The total time spent by all workers on the work should not exceed a total of two hours. § removal of materials in which the asbestos fibres are firmly linked in a matrix, Such materials include: asbestos cement; textured decorative coatings and paints which contain asbestos; articles of bitumen, plastic, resin or rubber which contain asbestos where their thermal or acoustic properties are incidental to their main purpose (e.g. vinyl floor tiles, electric cables, roofing felt) and other insulation products which may be used at high temperatures but have no insulation purposes, for example gaskets, washers, ropes and seals. § encapsulation or sealing of asbestos-containing materials which are in good condition, or

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§ air monitoring and control, and the collection and analysis of samples to find out if a specific material contains asbestos.

Under the Asbestos Regulations, anyone carrying out work on asbestos containing materials needs a licence issued by HSE unless they meet one of the exemptions above.

The Health and Safety Executive can vary the terms, conditions, time limit, etc. of the licence when they issue it or decide to amend it and can also revoke the licence if they consider it appropriate.

Although a licence may not be needed to carry out a particular job, the rest of the requirements of the Asbestos Regulations must be complied with.

If the work is licensable there are a number of additional duties on the employer:

• Notify the enforcing authority responsible for the site where the work is taking place (for example HSE or the local authority) • Designate the work area (see regulation 18 for details) • Prepare specific asbestos emergency procedures; and • Pay for the employees to undergo medical surveillance

The Asbestos Regulations require any analysis of the concentration of asbestos in the air to be measured in accordance with the 1997 WHO recommended method.

From 6 April 2007, a clearance certificate for re-occupation may only be issued by a body accredited to do so. At the moment, such accreditation can only be provided by the United Kingdom Accreditation Service (UKAS).

Control of Asbestos Regulations 2006

Regulations 1 –3 Citation and commencement, interpretation, and application of the regulations

These regulations apply to any work situation where asbestos is involved, deliberately or unintentionally. They place duties on employers, or a self employed person, for the protection of employees and others who may be affected.

Regulation 4 Duty to manage asbestos in non-domestic premises

The duty to manage will require those in control of premises to:

• take reasonable steps to determine the location and condition of materials likely to contain asbestos; • presume materials contain asbestos unless there is strong evidence that they do not; • make and keep an up to date record of the location and condition of the ACMs or presumed ACMs in the premises; • assess the risk of the likelihood of anyone being exposed to fibres from these materials; • prepare a plan setting out how the risks from the materials are to be managed;

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• take the necessary steps to put the plan into action; • review and monitor the plan periodically; and • provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.

Regulation 5. There is a duty to identify the type of asbestos unless it is assumed that the asbestos is not chrysotile alone.

Regulation 6 An adequate assessment of exposure must be made which includes: • The type of asbestos (unless assumed not to be chrysotile alone); • The nature and degree of possible exposure; • The measures to be taken to prevent or reduce exposure. A copy of the assessment must be kept at the place where work is being carried out during its duration.

Regulation 7 A written plan of work must be prepared for any removal of asbestos from buildings, structure, plant, etc. The plan of work must be available at the place where the work is carried out and must include the following: • The nature and likely duration of the work; • The address and location where the work is to be carried out; • The methods to be used; • The type of equipment, including PPE, used for: • the protection and decontamination of those carrying out the work; • the protection of other people present on or near the worksite. The employer must ensure that the work is carried out in accordance with the plan

Regulation 8 Anyone carrying out work with asbestos needs a licence issued by HSE unless any of the following exemptions apply. • the exposure of employees to asbestos fibres is sporadic and of low intensity; and • it is clear from the risk assessment that the exposure of any employee to asbestos will not exceed the control limit; and • the work involves: § short, non-continuous maintenance activities. § removal of materials in which the asbestos fibres are firmly linked in a matrix. § encapsulation or sealing of asbestos-containing materials which are in good condition, or § air monitoring and control, and the collection and analysis of samples to find out if a specific material contains asbestos.

The Health and Safety Executive can vary the terms, conditions, time limit, etc. of the licence when they issue it or decide to amend it and can also revoke the licence if they consider it appropriate.

Regulation 9 Licensing - If the work is subject to Licensing as outlined above then notification must be made to the Health and Safety Executive.

Regulation 10 Information, instruction and training as appropriate must be provided to employees. Detailed information given on content in the ACoP

Ó Terry ap Hywel 2018 34 Managing Asbestos

Regulation 11 Exposure to asbestos must be prevented. Where it is not reasonably practicable to prevent exposure then it must be reduced to the lowest level reasonably practicable by measures other than respiratory protective equipment. Where measures do not reduce exposure to levels below the control limits then suitable respiratory protective equipment must be provided.

Regulation 12 Employers are required to ensure control measures are used and employees are required to use the measures and report any defects.

Regulation 13 All control measures including personal respiratory protective equipment must be maintained and regularly examined and tested by a competent person. Records must be maintained.

Regulation 14 Protective clothing must be provided to employees as appropriate and cleaning arrangements must be provided.

Regulation 15 If the work is subject to licensing , Arrangements must be defined to deal with accidents, incidents and emergencies that could result in exposure to asbestos. Examples – employee collapsing while in an asbestos enclosure, damage to asbestos removal enclosure, damage to a bag of waste asbestos while being carried to storage area, etc.

Regulation 16 The spread of asbestos from the work area must be controlled.

Regulation 17 The premises where work is carried out must be kept clean and thoroughly cleaned on completion of the work.

Regulation 18 Work areas where a licence is required must be designated as an asbestos area, and where concentrations could exceed the control limits the area must be designated as a respirator zone. These areas must be clearly demarcated and identified by notices. Other persons must be kept out of these areas and eating, drinking and smoking must not be permitted.

Regulation 19 Air monitoring must be carried out where appropriate and records for five years, or for 40 years where health records must be kept of individual employee.

Regulation 20 Employers who carry out air monitoring must meet the requirements of ISO 17025 or ensure that any laboratory they use for this purpose is accredited to ISO 17025.

From 6 April 2007 Employers who use a consultant to issue a “site clearance certificate for reoccupation” must ensure that the consultant is accredited to ISO 17020 and ISO 17025

Regulation 21 Employers who carry out analysis of samples must meet the requirements of ISO 17025 or ensure that any laboratory they use for this purpose is accredited to ISO 17025

Regulation 22 Health records must be kept of employees unless they are not exposed to levels above the action level. The records contain the results of medical examinations by employment medical advisers or appointed doctors and must be kept for 40 years.

Regulation 23 Suitable washing and changing facilities must be provided

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Regulation 24 Asbestos waste on site must be properly contained and clearly marked. (when transported from site and disposed of, the Hazardous Waste Regulations 2005 will apply)

Part 3 Regulations 25 – 31 Prohibitions on importing, supplying or using asbestos materials

Part 4 Regulations 32 – 37 Miscellaneous Matters

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Asbestos related prosecutions Several prosecutions by the Health & Safety Executive (HSE) for infringements of asbestos legislation have resulted in judgements against local authorities and private companies. The following examples illustrate the types of situation and legislation involved.

County Council

Two separate prosecutions were brought against a County Council for breaching health and safety legislation pertaining to asbestos at several schools. The Council was fined £14,500 by magistrates for exposing contractors and employees to asbestos in three Schools.

The Council pleaded guilty to charges brought under Sections 2(1) and 3(1) of the HSWA, under Regulations 5(1) and 7 of the Control of Asbestos at Work Regulations 1987 (CAWR) and under Regulation 4(1) of the Management of Health and Safety at Work Regulations 1992 (MHSWR). Following these incidents Improvement and Prohibition Notices were served on the Council; an action plan and revised procedures for dealing with asbestos have been implemented.

City Council and Contractor

A City Council was fined a total of £26,000 under Section 3(1) of the HSWA after contractors and council tenants were exposed to asbestos. One hundred and thirty council flats were contaminated when workmen used power tools on amosite insulation board during rewiring work.

Asbestos contamination also occurred at other council buildings where renovations were being carried out. The HSE's prosecuting inspector, told the court that even though the council had no record of the asbestos: "it was entirely foreseeable that the flats would contain asbestos" given the age of the buildings.

The contractors pleaded guilty to charges brought under Regulations 5 and 8 of the CAWR and were fined £5000 with prosecution costs of £1292.08 for not producing an assessment of work with asbestos and for failing to prevent or control exposure to asbestos of workers and residents. The City Council has now set up an asbestos control unit to administer its new asbestos policy, to undertake a representational survey of council premises over the next two years and to create a database of materials containing asbestos in council properties.

Film makers and Studio

Magistrates in High Wycombe fined Pinewood Studios and Paramount British Pictures Ltd. a total of £20,000 for an incident which occurred during the filming of The Saint at a disused generating station.

David Head, a HSE inspector, testified: "During a routine inspection at the studios two inspectors came across a location shot where, in preparation for a shoot, the crew had pulled wires and steam pipes through the annex to the power house, and in so doing disturbed asbestos lagging on the pipework and equipment." Head said the exposure could have affected up to 100 people adding: "It is serious in that any exposure to asbestos can be dangerous but I do know the more exposure you have the more dangerous it is... One person

Ó Terry ap Hywel 2018 37 Managing Asbestos one day is not a significant risk but if someone is exposed several times over a long period of time the risk is considerable."

Both companies were charged with contravening Section 3(1) of the HSWA; in addition Paramount admitted breaching Section 2(1) of the HSWA and Regulation 3(1) of the MHSWR.

County Council and Consultant Engineers

The prosecution took place of a County Council and Consultant Engineers by the HSE for contamination produced by uncontrolled stripping of asbestos-containing pipe insulation.

The incident at the County Council's premises breached Sections 2(1) and 3(1) of the HSWA by neglecting the health and safety of council employees and others not in council employ and Section 11(1) of the Construction (Design and Management) Regulations (CDM) 2007, by failing to supply the Principal Designer with information about the premises. Charges were also brought against the Consultant Engineers appointed as CDM Co-ordinators under Section 2(1) and 3(1) of HSWA and Section 15(1) of CDM.

Health and safety in the civil system This section outlines the law as applied to decisions on compensation for death, injuries, ill- health or damage.

There may be health and safety issues involved in Contract Law however, this is not an area that is generally used for health and safety matters and therefore is not covered in this section.

An employee or other person who has suffered ill health or the dependants of someone who has died from a work related illness may seek to obtain compensation through the Civil System by proving that someone was negligently in breach of Common Law duties.

In addition, in some cases the person will also be able to sue separately (although at the same time) for someone being in breach of Statutory duties. This is termed by lawyers the ‘double barrelled’ action. Both of these forms of action are explained below. Breach of Common Law Duties The Common Law principles that have developed in respect of claims for injury or loss are known as the Tort of Negligence. A Tort is conduct which gives rise to action of damages (i.e. compensation) and Negligence is failure to take reasonable care when a duty to do so is imposed by law (i.e. the Common Law). This applies to every aspect of life such as driving, purchase of goods, visitors to your house, sporting activities etc.

The person who has suffered injury -the plaintiff - must prove on the balance of probabilities that their injury was due to negligence. To do this he or she must establish that one or more persons - the defendant or defendants 1. owed them a duty of care 2. negligently breached that duty 3. The breach of the duty caused the injury.

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To establish that there was a duty of care owed to the injured person it must be proved that there was some relationship between the defendants and the plaintiff. The following gives an indication of the way this relationship has been defined by the courts -

"You must take reasonable care to avoid acts or omissions which you reasonably foresee would be likely to injure...persons who are so closely and directly affected by your act that you ought reasonably to have them in your contemplation as being so affected when you are directing your mind to the acts or omissions that are called into question" based on Lord Atkin - Donoghue v Stevenson [1932] AC 579-80.

There is an obvious relationship of this type between an employer and employee, but there are many other possibilities of a relationship being established. For example an Architect owed a duty of care (together with a contractor) to workmen when the question arose whether a wall could safely be left standing. The designers of a water pumping station owed a duty to those who entered the station to consider the possibility of methane gas entering the station and being ignited.

Cases that have examined claims by employees against their employer (Master-Servant Cases) over the years have defined in principle the duty of care of an employer as including the following.

To provide:- • a safe place of work and a safe access to and egress from it • a safe system of work. • safe plant and equipment • safe and competent fellow workers.

Personal Injury Compensation Claims for asbestos related diseases

A personal injury compensation claim for an asbestos related disease must be started within three years from the date when the person suffering the condition became aware of the diagnosis. In fatal cases the claim must be commenced within three years of the date of death, or within three years from the date the deceased’s family became aware that the cause of death was due to asbestos if asbestos exposure was only discovered to be a relevant factor after the death, for example as a result of a post mortem examination or Coroner's Inquest.

Compensation for Asbestos-induced Lung Cancer For the disease itself, awards vary between £45,800 and £58,500. In addition, the Claimant may also be able to claim for loss of past and future earnings, the cost of specialist care, care provided by the Claimant’s family and any special needs such as the cost of a stairlift or special shower or bed

Compensation for Asbestosis Asbestosis claims can be dealt with on a provisional damages basis or on a full and final basis. A provisional award allows the Claimant to come back to Court for additional compensation, should the degree of disability increase significantly. However, it is more common to have these cases dealt with on a full and final basis. Awards for the personal injury aspect of the disease itself vary between £28,000 and £61,500.

Compensation for Diffuse Pleural Thickening

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Awards vary, depending on the degree of disability. However, typically, awards for the injury itself range between £22,400 and £45,800

Compensation for Mesothelioma Awards of compensation for mesothelioma can be significant. Courts frequently award between £47,850 and £74,300 for the disease itself. In addition, it will generally be possible to claim for past and future loss of earnings, the cost of specialist care or equipment and any private medical expenses. As a result, some awards can be in excess of £250,000

Compensation for Pleural Plaques Not available, see below.

Some recent cases which have examined asbestos related claims issues follow

Fairchild v Glenhaven Funeral Services Ltd. & Others 2002

In this case, the deceased mesothelioma victim was exposed to asbestos by more than one employer.

The defendants argued that it was not possible to prove which company was responsible for the ‘guilty’ fibre which years later caused the malignancy, and therefore the case could not be proved against any defendant on the balance of probabilities.

The Court of Appeal agreed.

However, the House of Lords in 2002 decided that any company who exposed someone to the risk of inhaling asbestos had contributed to the disease and was therefore liable.

Barker v Corus – 2006 – several employers – risk related payments

In this case the insurers argued that even though mesothelioma is an indivisible injury, the compensation from each employer should be proportional to the risk of exposure at each.

This time they succeeded in the House of Lords in a decision in 2006. The effect was that many victims or their dependants would receive only part of the compensation they were due because it is often impossible to trace all the employers or their insurers.

After the House of Lords decision, there was a campaign by Asbestos Support Groups, Trade Unions, M.P.s and others. The Government eventually overturned the ruling by introducing Section 3 of the Compensation Act 2006 which enables victims and their families to recover compensation in full from the defendants that they are able to trace.

Rothwell v Chemical and Insulating Co Ltd and Another – 2006

For over 20 years the courts have awarded modest sums in compensation to those suffering from pleural plaques. In this case the defendants challenged this. The case (and other similar cases) eventually went to the House of Lords and the Law Lords decided against the victims, finding that pleural plaques rarely have any symptoms therefore do not amount in law to ‘damage’ and thus there is no injury to be compensated.

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There is the inevitable anxiety that comes with the x-ray findings, in one of the test cases the claimant was so badly affected that he was diagnosed with a psychiatric illness but still lost the case.

Employers’ Liability Insurance ‘Trigger Litigation’

This issue arose after the Appeal Court case of Bolton MBC v Municipal Mutual Insurance Limited [2006] which decided that in cases of mesothelioma injury did not "occur" until the cancer had emerged. This was determined to be about 10 years before diagnosis. Although this Appeal Court decision related to public liability insurance and considered differently worded clauses within the policies, four insurance companies decided to argue that the same contractual interpretation should apply to the clauses used in their employers' liability insurance policies.

In the 6 test cases Insurers argued that under the terms of the policy cover they provided, they should not be liable to pay compensation unless they covered the employer at the time the victim’s disease developed.

This is contrary to the practice which Employers’ Liability insurers had operated in the past when they would deal with the case if they insured the employer at the time of the employee’s exposure to asbestos, commonly known as “Long Tail Liability”

In November 2008, the High Court decided that Employers’ Liability insurers should still pay the compensation if they were the insurers at the time of the exposure.

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APPENDICES Appendix 1 - References Effects on health of exposure to asbestos. Richard Doll and Julian Peto. HSE Books 1985 ISBN 0 7176 1075 6

Work with materials containing asbestos. Control of Asbestos at Work Regulations 2006. Approved Code Practice L143 HSE Books 2006 ISBN 0 7176 6206 3

The management of asbestos in non-domestic premises. Control of asbestos at work Regulations 2006 Approved Code of Practice. Fourth Edition L127 HSE Books ISBN 0 7176 6209 8

Health and Safety at Work etc. Act 1974 HMSO 1974 ISBN 0 10 543774 3

Asbestos: The analysts guide for sampling, analysis and clearance procedures. HSG248 HSE Books 2005 ISBN 0 7176 2875 2

Introduction to Asbestos Essentials: Comprehensive guidance on working with asbestos in the building maintenance and allied trades HSG213 HSE Books 2001 ISBN 0 7176 1901 X

Asbestos Essentials Task Manual HSG210 HSE Books 2001 ISBN 07176 1887 0

A Comprehensive Guide to managing asbestos in premises HSG227 HSE Book 2002 ISBN 0 7176 2381 5

Asbestos - the Survey Guide. HSG 264 HSE Books 2010 ISBN 978 0 7176 6385 9

Control of Substances Hazardous to Health Regulations 2002

Asbestos; the Licensed Contractors’ Guide HSG247 HSE Books 2006 ISBN 0 7176 2874 4

Safety Representatives and Safety, Committees Regulations 1977 SI 1977/500 HMSO 1977 ISBN 0 11 070500 9

Health and Safety (Consultation with Employees) Regulations 1996 SI 1996/1513 HMSO 1996 ISBN 0 11 054839 6

Hazardous Waste Regulations 1996 SI 1996/972 HMSO 1996 ISBN 0 11 062941 8

Personal Protective Equipment at Work Regulations 1992 SI 1992/2966 HMSO 1992 ISBN 0 11 025832 0

Workplace (Health, Safety and Welfare) Regulations 1992 SI 1992/3004 HMSO 1992 ISBN 0 11 025804 5

Working with asbestos cement HSG189/2 HSE Books 1999 ISBN 0 7176 1667 3

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While every effort has been made to ensure the accuracy of the references listed, their future availability cannot be guaranteed.

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Appendix 2 - Associated Octel Prosecution Associated Octel Co. Ltd. ("Octel"), operate a large chemical plant at Ellesmere Port. On 25 June 1990 there was an accident at the chlorine works.

The plant was shut down for its annual maintenance and a small firm of specialist contractors called Resin Glass Products Ltd ("RGP") were engaged in repairing the lining of a tank. Mr. Cuthbert, an employee of RGP, was working in the tank by the light of an electric light bulb attached to a lead. After grinding the damaged area of the lining, he had to clean it down with acetone before applying a fibreglass matting patch with resin. He had his supply of acetone in an old paint bucket which he had found in a refuse bin. While he was applying the acetone with a brush, the light bulb broke. Some of the liquid had probably dripped onto it. Acetone is volatile and gives off highly flammable vapour. As Mr. Cuthbert was using an open bucket, there was a good deal of vapour in the tank. The broken bulb caused a flash fire in which Mr. Cuthbert was badly burned.

Octel was prosecuted for breach of sections 3(1) of the Health and Safety at Work etc. Act 1974. : "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety. "

Octel had been using RGP for a number of years. Its eight employees spent virtually all their time on the site. Like all other such contractors on Octel's site, they operated under what was called a "permit to work" system. This meant that for every job they had to fill in a form saying what they were going to do and obtain authorisation from Octel's engineers, who would consider what safety precautions were needed. Authorisation would be accompanied by a "safety certificate" imposing conditions under which the work was to be done. The whole plant was designated by the Health and Safety Executive as a "major hazard site" and the "permit to work" system was part of a statement of safety procedures which Octel was obliged to draw up and submit to the Executive.

At the close of the prosecution's case, Mr. Walker Q. C. submitted on behalf of Octel that there was no case to answer. He said that on the evidence the injury to Mr. Cuthbert was not caused by the way in which Octel had conducted its undertaking within the meaning of section 3(1). RGP were independent contractors and the cleaning of the tank was part of the conduct of their undertaking. Control was essential to liability under section 3(1) and Octel had no right to control the way in which its independent contractors did their work.

In summing up, the judge directed the jury that Octel conducted its undertaking by having the tank repaired by RGP. He drew attention to the fact that this had been done in a way which caused risk to Mr. Cuthbert--a risk which had materialised--and that Octel had called no evidence in support of a defence that it had not been reasonably practicable to ask whether he would be using flammable substances or to take appropriate precautions. Not surprisingly, the jury convicted. The judge fined Octel £25,000. The Court of Appeal and House of Lords agreed.

Section 3 requires the employer to conduct his own undertaking in a way which, subject to reasonable practicability, does not create risks to people's health and safety. If, therefore, the employer engages an independent contractor to do work which forms part of the conduct of the employer's undertaking, he must stipulate for whatever conditions are needed to avoid

Ó Terry ap Hywel 2018 44 Managing Asbestos those risks and are reasonably practicable. He cannot, having omitted to do so, say that he was not in a position to exercise any control.

The question is simply whether the activity in question can be described as part of the employer's undertaking. In most cases, the answer will be obvious. Octel's undertaking was running a chemical plant at Ellesmere Port. Anything which constituted running the plant was part of the conduct of its undertaking. But there will also be ancillary activities such as obtaining supplies, making deliveries, cleaning, maintenance and repairs which may give rise to more difficulty.

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Appendix 3 - Method statements aide memoir The individual aspects of work for removal of asbestos insulation, coating or asbestos insulating board must be adequately covered in a method statement.

Many method statements tend to be generic in format. Method statements must be specific to the work being carried put at the particular location.

The following is a summary of the elements, which should be considered in a method statement. HSE inspectors may use this to assess adequacy of method statements.

The list is not intended to be exhaustive.

Scope of Work

Name of Client Name of Asbestos Project Manager engaged by Client Names of Contractor’s Contracts Manager, Safety Adviser, Site Supervisor, etc. Name of Licensed Scaffolding Contractor – if applicable. Address of site Number of samples taken Type of Asbestos What form is it (e.g. sprayed, lagged)? Location of asbestos (e.g. in roof space) Particular difficulties likely to be encountered Estimated quantity to be removed (e.g. number of bags) Number of employees engaged in removal work Start date and finish date (days when work is to take place and times)

Hygiene Facilities

If transit facilities are proposed, give reasons why it is necessary to transit Description of facilities Location and transit routes shown on site plan

Waste Disposal

Bagging arrangements Temporary storage for bags Waste routes (i.e. separate bag lock) Skip location Arrangements for transportation and final disposal. (Obtain evidence of tipping licence)

Enclosure of Work (descriptions of the following)

Construction of enclosure – attach sketch plan showing location Volume of enclosure Location of airlocks Removal of waste Viewing panel position Warning notices

Note that if no enclosure is planned, the reasons to justify that decision must be given.

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Control Measures

Expected asbestos fibre concentrations Specification of negative pressure units (i.e. provides 0.17 m3/s for each 100 m3 of enclosed volume – 100ft3/min per 100ft3) Number of air changes per hour Siting of negative pressure units Method of smoke testing and witnessing (Independent of contractor) Type and specification of respirators to be used Assessment of PPE required for preparatory work (e.g. to construct an enclosure) when material is in bad condition Maintenance arrangements for RPE and other equipment to be used Protective clothing Specification of vacuum cleaners (and indication of where they are to be positioned) Examination and maintenance of control measures Record keeping

Method of Work

Wet strip technique to be used * Wetting agents to be used. Additional local exhaust ventilation required (e.g. shadow vac) Glove bags if appropriate Tools to be used Non-asbestos risks (e.g. access equipment) Precautions to minimise risk of Heat Stress if appropriate

*Note: dry stripping should only be proposed where it is unavoidable. Full written justification should be provided. Without this, dry stripping will not be considered acceptable.

Entry and Decontamination Procedures (descriptions of the following)

Facilities and procedure for entry into enclosure Arrangements for: • cleaning and vacuuming before leaving enclosure • removal of contaminated coveralls • washing of boots and respirators • transit to decontamination including distinctive colour of transit coveralls • disposal of transit and working coveralls • the care and use of respirators

Air Monitoring

Normally air monitoring will be carried out by an independent accredited consultant directly engaged by the Client. When will it be carried out Nature of the monitoring (locations, personnel, static and/or reassurance) Monitoring company or organisation Name of analyst’s laboratory (UKAS accredited for sampling and counting)

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Final Clearance

Final cleaning arrangements Thorough visual examination Results of air monitoring (see also above) Removal of enclosure and disposal Use of PVA or other sealants (only on disposable surfaces) ISO 17020 & 17025 Accredited Consultant to issue certificate.

Emergency Procedures (descriptions of the following)

Fire precautions First aid arrangements Minor incident procedures Major incident procedures (including placement of rescue equipment, instructions to employees and liaison with emergency services)

Site Documentation

Test certificates for equipment Medical certificates Method statements Maintenance records Site log (including daily inspection of enclosure)

Other Matters

Supervision of job Visitors to site Client requirements Liaison with clients/employees Special characteristics of site Permit to work systems or formal systems for isolation of live plant agreed with client Heat stress Welfare (toilets and mess room facilities) Work at height: prevention of falls (take account of additional risks from use of PPE) HSE licensed Scaffolding Company if appropriate Procedures for changing the method statement

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