Am I legally obliged to undertake an asbestos survey of my commercial building?
Strictly speaking there is no legal requirement for any building to have an asbestos survey for normal day-to-day operations. Regulation 4 'The Duty to Manage' of the Control of Asbestos Regulations 2012 state the requirements are to:
Undertake reasonable measures to locate or presume the location of asbestos containing materials
Prepare a record of the location and condition of the materials
Assess the risk posed by the materials
Produce and implement a plan outlining how the risk will be managed
Periodically update the plan and ensure anyone liable to disturb the materials has access to the relevant information
In short, all commercial buildings in the UK should have a record of known or presumed asbestos containing materials and a plan for how those materials are to be managed.
Although this does theoretically mean you could produce your own register of asbestos containing materials and management plan, in practice, it usually means engaging a competent person or organisation to undertake an asbestos management survey.
How do I determine what type of survey I need?
A management survey is a non-destructive survey which does not disturb the fabric of the building. This type of survey is usually sufficient for the purposes of normal occupation and prior to most maintenance tasks. All accessible surface materials will be assessed but it should also assess areas such as ceiling voids and risers, which could be subject to maintenance activity.
An asbestos refurbishment survey or an asbestos demolition survey will be required if intrusive works are planned on your building, such as refurbishment, new services installation (fire alarms, CCTV etc) or demolition. Both surveys involve intrusive inspection of normally inaccessible areas with the aim of locating 'hidden' asbestos containing materials, which could be disturbed by the planned project.
The HSE recommends engaging UKAS accredited surveying organisations as they have been independently audited to confirm compliance with the HSG 264 guidance, as well as demonstrating suitable quality control standards and staff training processes.
Do I have to remove any asbestos that I find in my property and if so do I need to use a licensed contractor?
The short answer is no, asbestos containing materials do not have to be removed when they are located or as part of a phased removal programme thereafter. In fact, it is often more dangerous to remove the materials than it is to manage them in situ. The HSE guidance states that asbestos containing materials (ACMs) in good condition that are unlikely to be disturbed, should be managed and not removed.
If ACMs are in bad condition or likely to be disturbed by normal occupation or indeed by project work, you may need to consider remedial actions. One such option would be to remove the materials but it may also be feasible to repair, ‘encapsulate’ or protect the materials to prevent damage and reduce risks.
In addition, you may wish to consider redesigning project activities to work around any ACMs, making contractors aware of the location and mitigating the risk of disturbance by avoiding direct contact.
Where all other options are not suitable or the material is in very poor condition, your only option may be to remove the ACM entirely. Where licensable materials (such as lagging, sprayed coating or insulating board) are concerned you will most likely need to engage a licensed asbestos removal contractor to undertake the work, and they will need to submit a notification to the enforcing authority. Where a notification for licensed work is required there is a mandatory ‘standstill’ period of 14 days before the work can commence.
For lower risk materials (such as floor tiles and cement sheeting), you can use a non-licensed contractor to remove the materials, however you must still ensure the contractor is competent to undertake the work (has suitable risk assessments and method statement) and that they dispose of the resulting waste correctly. They may also need to submit a notification to the enforcing authority if significant deterioration of the material will take place during removal, but in these instances work can commence immediately following issue of the notification.
What asbestos training do my employees need?
Asbestos training requirements are specific to the roles and responsibilities of individual employees, therefore a training needs analysis should be undertaken to determine specific requirements for each role within your business.
Regulation 10 of the Control of Asbestos Regulations 2012 governs asbestos information, instruction and training requirements, meaning that employers have a legal duty to ensure their employees are suitably trained.
There are three levels of asbestos training:
- Asbestos awareness
- Non-licenseable work with asbestos including NNLW
- Licenseable work with asbestos
Levels 2 and 3 are for individuals who will be deliberately working on, or disturbing, asbestos containing materials, while level 3 is limited to Licensed Asbestos Removal Operatives. Asbestos awareness training is designed to avoid accidental disturbance of asbestos materials and is required to be provided to any employee who could conceivably disturb asbestos containing materials during their normal work activities and also those individuals that manage and control the same activities. This includes trades such as carpenters, plumbers and electricians but also those controlling and influencing works, such as architects, project managers and building consultants.
Training should be refreshed regularly to ensure ongoing awareness and the refresher can take many forms including e-learning or in-house delivery via a competent individual.
There is no legal requirement for awareness training to be an accredited course, however, the trainer should be experienced and competent in the subject and the course content should meet the legislative guidance.
There are a number of organisations whose members provide asbestos training courses.
Does the law stipulate that my company should employ an internal ‘Asbestos Manager’?
There is no legal requirement for a company to have a dedicated asbestos manager, however many large companies do have such a role within their business. All non-domestic premises will have at least one asbestos ‘Duty Holder’ who is responsible for complying with the asbestos regulations in relation to that property. For large organisations this role is likely to be shared across a small number of individuals but the company’s asbestos management plan will define how the role is discharged and what each person’s role is.
All companies who own, or manage, properties where they have a responsibility for maintenance and access to/from the property must have an asbestos management plan and take measures to ensure they comply with the Control of Asbestos Regulations 2012.
Appointing an ‘Asbestos Manager’ or ‘Corporate Duty Holder’ within an organisation can help provide focus to the various tasks that must be undertaken to ensure asbestos compliance is maintained. Tasks such as, coordinating the regular re-inspection of asbestos materials, managing the delivery of training courses across the business, updating policy and procedures, liaison with asbestos consultants and removal organisations, and auditing internal and external processes.
Where a formal dedicated role is not warranted, perhaps due to the relative size and complexity of a company’s buildings, it is important that the individuals who hold responsibility for discharging the various duties associated with asbestos management are suitably competent in doing so and are fully aware of their responsibilities.
What should I be looking for when selecting an asbestos consultancy to carry out my asbestos survey?
Best value does not always mean lowest price and where asbestos surveys are concerned, it is important to ensure you receive the best product in order to base your subsequent management decisions on reliable information.
As a client appointing asbestos survey works you have a duty to select suitably competent and experienced organisations, or individuals, to carry out the asbestos survey works on your behalf.
HSE guidance suggests that a competent asbestos surveyor will:
- Have survey knowledge, and know the risks in surveying
- Have recognised training (BOHS or RSPH) and experience, and understand their limitations
- Use a quality management system (ISO17020)
- Show independence, impartiality and integrity
- Do its work in accordance with good practice guidance, eg HSG264
Clients are required to assess the above points before appointing asbestos surveyors, failure to do so could result in prosecution if the work is not completed to satisfactory standards.
It is no easy (or quick) task however, to complete these assessments and many clients will feel this is above their level of knowledge or competence to do so. Therefore the HSE advises accreditation (to ISO/IEC 17020) or certification, by an approved body. This is due to the fact that the independent accreditation or certification body will have carried out audits to assess these very same points.
In the UK the only organisation offering accreditation to ISO/IEC 17020 for organisations is UKAS (United Kingdom Accreditation Service) www.ukas.com.
Individual certification schemes (for individual surveyors) were previously available but are no longer operating. These include ABICS (Asbestos Builders Inspection Certification Scheme) and National Individual Asbestos Certification Scheme (NIACS).
It is worth noting that all organisations and individuals undertaking asbestos surveys must submit samples to a UKAS accredited laboratory for analysis. This accreditation is ISO/IEC 17025, also provided by UKAS and will be included within survey reports. This does not mean that the surveying organisation is necessarily accredited for surveys (inspection) also.
Unlike the analysis of samples for asbestos content, there is no legal requirement to use a UKAS accredited organisation to undertake your asbestos surveys. That being said, more and more companies are choosing to do so, due to the security and confidence this provides. Furthermore the HSE strongly recommends using an accredited surveyor.
In addition to the quality standards covered by accreditation you may also wish to assess some (or all) of the following points when choosing to work with a surveying company:
- Location and coverage - if you have a national portfolio do you require a company with matching coverage? Similarly, if you are a small regional business, can your chosen surveyor support you locally?
- Sector experience - knowledge of your business sector can be advantageous when undertaking asbestos surveys from an operational and practical perspective
- Laboratory analysis - does the surveyor have its own laboratory or will it be subcontracting the testing?
- Handling data and IT systems - these days there is more and more reliance on interrogation of data and web based access to survey reports, particularly for large organisations with multiple buildings. Can your chosen surveyor offer these additional services?
- Service standards and references - do not be afraid to ask for references from similar clients, all reputable organisations should be able to provide references for you to follow up. Likewise you can ask for examples of service standards for its existing clients
- Report format - asbestos surveys are technical documents and can be confusing to read. Take time to request and review report formats to make sure you understand how the information will be presented to you upon completion
The above list is not exhaustive and each business or individual will have their own unique requirements. The important thing to remember is that the purpose of the asbestos report is ultimately to prevent individuals being exposed to harmful asbestos fibres. With that aim in mind, quality should always come before price when selecting a suitable surveyor.
What changes are expected in the revised HSG248 'Asbestos: The Analysts' Guide', due for release later this year?
‘Asbestos: The Analysts’ Guide for sampling, analysis and clearance procedures’ contains guidance for analysts involved in asbestos work and is the authoritative source of asbestos analytical procedures. The guidance is also designed to help analysts and their clients comply with the Control of Asbestos Regulations 2012 and the associated Approved Code of Practice (ACoP) and guidance L143 (Second Edition)2.
It is expected that the revised version of the analysts’ guide will specify additional client involvement in the asbestos removal process. Our experts have outlined the main expected changes for clients below:
Engaging asbestos analysts for four-stage clearance and other work
Clients can engage analysts for a whole range of asbestos sampling and analysis activities and to provide advice and consultancy services. Note that analysts need to be accredited by UKAS for most asbestos related work. Details of analysts can be found on the UKAS website. Clients should check analyst references and examples of previous work to ensure competency.
- It is recommended that clients engage analysts directly rather than through an asbestos licensed contractor
- It is advisable that the analyst discusses with the client the expected level of cleanliness for the removal work
- There will be some impact on the time, and therefore cost, of carrying out four-stage clearances due to:
- Increased time on site by the analyst. The client needs to be aware how long the thorough visual inspection part of the 4-stage clearance will take (should be discussed with analyst). The time will be inserted in the front page of the completion document for the work. This is the “Certificate for Reoccupation” (CfR)
- The necessity for the analyst to make a comprehensive photographic record of the work
- Once the work has been completed the client should:
- Check the report thoroughly including ensuring photographs show clearly that areas are visually clean
- Check the CfR time taken for the thorough visual inspection against the estimated time. Where there is a large difference (eg 20% or more), seek an explanation
- If issues are raised during the work then the client should discuss these with the analyst
- Dust sampling – advice is given on sampling and potential difficulties of interpreting the results. Dust sampling is not recommended as a standard practice and the guidance suggests it is only used in circumstances such as assessing the spread of an asbestos containing material (ACM) from poorly controlled maintenance, removal work or recent incident
- Asbestos in soil – guidance on sampling and procedure for identification are now included in the guidance for completeness
As the UK’s leading provider of testing, inspection and compliance services, we aim to keep our clients up-to-date with the latest industry news and changes to legislation. Although there is not yet a date for the release of the revised asbestos analysts’ guide, we will continue to keep you posted. Look out for further information in the coming weeks.
What accreditations does ESG have?
ESG has UKAS accreditation No.0148 for asbestos surveying and No.1089 for asbestos testing.