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Since the 1970’s a mass of legislation
has been introduced to deal with the hazard of asbestos.
The CAW Regulations 1987 (amended 1992, 1998) were designed
to prevent exposure to asbestos in the workplace in
order to protect employees, other workers and members
of the public.
Since 24 November 1999 (Asbestos (prohibitions)
(Amendment) Regulations 1999), with very few exceptions
which apply only to chrysotile (white asbestos), any
new uses of all forms of asbestos, blue, brown and white
is prohibited.
The Control of Asbestos at Work Regulations (CAWR) 2002 were developed by the HSE to tighten existing legislation with the aim of reducing asbestos related deaths caused by asbestos in non-domestic buildings. They have now been superseded by The Control of Asbestos Regulations 2006.
This regulation applies to all non-domestic
premises and common parts of domestic premises (guidance
for this is covered in its own Approved code of practice
(ACOP) L127). It places a legal duty on the ‘duty
holder’ to take active steps to identify, manage
and monitor asbestos containing materials
(ACMs) in their building.
According to the ACOPL127 the
‘dutyholder’ includes employers and the
self-employed if they have responsibilities for maintaining
or repairing non-domestic premises and the owner of
those premises whether they are occupied or vacant.
The duties in regulation 4 will rest with the person
in control of maintenance in the non-domestic premises,
whether that be the occupier or landlord.
This will involve carrying out an
inspection of the building. Ideally, an independent
expert can be appointed from a specialist organisation
to undertake this work. (Note the task can be delegated
but not the legal responsibility).
The results of the inspection should
indicate the locations of ACMs, the risk of fibre release
from the material, the condition of the material and
how likely they are to be damaged.
This information must then be recorded
in an asbestos register and be maintained on site for
the life of each building and must be available, for
example to any visiting contractor to prevent accidental
exposure. The register should be periodically updated.
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have adequate training
and experience in survey work; |
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demonstrate independence, impartiality
and integrity; |
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have an adequate quality management
system; |
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carry out any asbestos survey
work in accordance with recommended guidance MDHS
100 Surveying
sampling and assessment of asbestos-containing
materials |
MDHS 100 states that organisations
offering an asbestos survey service should be able to
comply with the standard set out in EN45004 (general
criteria for the operation of various types of bodies
performance inspection).
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Type 1:
Location and assessment Survey (presumptive survey) |
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Type 2: Standard
sampling, identification and assessment survey (sampling
survey) |
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Type 3: Full
access sampling and identification survey (pre-demolition
/ major refurbishment surveys) |
The presumption that a material contains
asbestos can be tested by laboratory analysis using
polarised light microscopy (PLM) as outlined in HSG248 Asbestos: The Analyst’s Guide to Sampling, Analysis and Clearance Procedures..
Analysis of asbestos samples must
be undertaken by a laboratory that is accredited by
UKAS as complying with ISO 17025 (General requirements
for the competence of testing and calibration laboratories
BSI). This has been set out in CAW Regulation 20 –
Standards for Analysis became law on 21st Nov. 2004.
Removal of ACMs already in place in good condition is
not required by the regulations but buildings should
be surveyed, asbestos labelled and its position and
condition recorded to allow any asbestos to be ‘managed’
safely. The type of asbestos in the material, the condition
of the material, its fibre release potential and its
location in the building are among the factors that
determine if it will be removed or repaired.
Guidance on safely controlling work
with asbestos is given in ACOP L143.
This ACOP applies in particular to work on, or which disturbs materials containing asbestos. It is particularly relevant to those responsible for the maintenance and repair of non-domestic premises, where asbestos containing materials are or are likely to be present.
Asbestos contaminated soil
has resulted from mixing soil with demolition rubble
and other waste due to poor waste disposal practices
in the past. Clearing land contaminated with asbestos,
including land contaminated with asbestos insulation,
asbestos coating and asbestos insulating board is not
covered by an ACOP.
Since asbestos is a carcinogen all
forms of it are classified as ‘special waste’
and fall within the requirements of the Special Waste
Regulations 1996 (as amended). It is classified in Schedule
2, Part III to the Special Waste Regulations as ‘H7
carcinogenic’ when the asbestos content in the
waste is greater than the carcinogenic threshold concentration
of 0.1% w/w.
Any material containing asbestos should
be disposed of in covered skips or should be double
bagged and clearly labelled.
The carriage of special waste must
now be notified in advance to the EA and a charge per
consignment is levied. Once the waste reaches the landfill,
a landfill tax is levied per tonne of waste.
Voelcker Consultants have been
involved in a wide range of Asbestos Surveying projects.
Our services include the provision of experienced and
qualified surveyors to undertake the three types of
survey as detailed within MDHS 100 and comply with EN45004.
Additionally the association with
our preferred UKAS accredited laboratory complying with
ISO 17025 provides analysis of materials sampled.
We are able to provide a comprehensive
asbestos survey service including:
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Type 1, Type 2 and
Type 3 surveys |
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Risk Assessment |
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Asbestos Management |
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Advice on safe handling and removal
in accordance with HSE guidelines |
Regulation 4 of Control of Asbestos Regulations 2006 effectively requires all non-domestic properties to have compiled an Asbestos Register.
We pride ourselves in being able to
tailor our service to client’s budgets and timescales.
Please
for a discussion of your requirements.
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