Control of asbestos regulations 2012

1. Control of asbestos regulations 2012 Ian Sullivan – May 2014

2. Managing and working with asbestos: HSE L143

3. Control of Asbestos Regulations 2012 • April 2012 • Replaced previous 2006 legislation • New requirements for: • Notification of non – licensable work (NNLW) • Designated areas • Medical surveillance • Record keeping

4. Approved Codes of Practice (ACOP’s) • Two ACOP’s have been consolidated into this single revised ACOP. • L127 (Asbestos in non – domestic premises) • L143 (Materials containing asbestos) • Revised to make legal compliance clearer and to reflect changes to Regulations

5. Remind me again, what’s stayed the same? • Asbestos containing materials (ACMs) in good condition may be left in place • Those responsible for the maintenance of non – domestic premises have a ‘duty of care’ to manage the asbestos in them • Risk assessment • Requirements for licensed work remain unchanged • Unlicensed work still requires control • Control limit remains the same (0.1f/cm3) • Mandatory training

6. So what’s changed? • Since the 6th April 2012 employers have additional responsibilities for notifiable non – licensed work (NNLW): • notify work with asbestos to the relevant enforcing authority; • ensure medical examinations are carried out; and • maintain registers of work (health records).

7. To be NNLW or not to be NNLW? That is the question... • The type of work you are planning to do • The asbestos type • The materials conditions • It is the responsibility of the person in charge of the job to assess the ACM and deicide if the work is NNLW.

8. So what is (usually) NNLW? • Minor, short duration maintenance work involving asbestos insulation • Entry to a roof space above an AIB (asbestos insulating board • Removal of textured decorative coatings • Removal of asbestos paper not firmly bonded in a matrix • Removal of substantially degraded asbestos cement

9. ...and what (usually) isn’t • Short non – continuous work involving AIB in good condition • Short non – continuous work on asbestos cement (AC) • Removal of intact AC • Short non – continuous work on decorative coatings • Short non – continuous work on clutch discs or brake linings • Work to seal asbestos in good condition

10. Designated areas • Separate • Clearly marked • Restricted • Welfare facilities

11. Record keeping • From 6th April 2012 brief written records should be kept of non – licensed work which has to be notified • Employers need to keep a register of NNLW with asbestos for each employee • To include: • Nature of work • Duration of work • Estimated exposure for each worker

12. Record keeping • Record keeping can be as simple as writing worker’s names on the copy of the notification or keeping copies of the notification form for each person carrying out the NNLW work. • More detailed records are kept by the doctor • Records must be kept for 40 years

13. Medical surveillance - Overview • By 30th April 2015 all workers carrying out NNLW will need to have a medial examination and must be under health surveillance by a doctor. • Examinations need to be repeated every three years • Those workers already under surveillance via a licensed contractor and in possession of a valid certificate do not need to have the NNLW medical.

14. Medical surveillance - Examinations • Key points: • Must include a chest examination and lung function test • Must be carried out be a licensed medical practitioner • Should be carried out in work time at employer’s expense • Fee agreed with doctor before examination carried out • Doctor must issue a certificate

15. References • Working and managing with asbestos (L143) • Free copy of document can be downloaded from: • http://www.hse.gov.uk/pubns/books/l143.htm