Oxford Method Research Programme

Legal Requirements for the Removal of Asbestos

 Asbestos and the Problems

Oxford Method used materials with asbestos fibres in three known areas - ceilings, column casings and inspection panels under sanitary appliances. From information gathered from the various publications it is known that the material was referred to in 1976 and on drawings dated 1973.

In 1974 the Health and Safety at Work Act came into force. If the employer elected to use his own employees after that date he had a duty to ensure the health, safety and welfare of his employees. It is possible from this information to identify the building where asbestos was or still is present, and these are identified further in this manual.

To establish where possible problems can be located we have looked at each building in Oxford Method and dated its year of construction, which will fall into three time spans; 1965 to 1973, 1974 to 1983 and 1983 to 1990. It will then be possible to identify the problems which come with each building.

To comply with the removal of asbestos from buildings today, the following requirements have to be followed.

General

Once asbestos materials have been identified it is essential that appropriate management and remedial measures are introduced. In general asbestos materials which are in good condition should not be disturbed. Their location should be recorded and their existence made known to contractors, staff and others who may be affected. Labelling of the material may be appropriate, together with periodic condition inspections.

For materials in poor condition remedial works, including encapsulation or removal, may be required. Access to areas containing asbestos in poor condition may need to be restricted until remedial measures have been completed.

Any person undertaking work within the building should be informed of the presence of asbestos. This briefing also applies to any other person associated with the site, including staff, sub-contractors and others.

Legal Requirements

Work with AMC Asbestos contaminating materials is regulated under the Control of Asbestos at work Regulations 1987 (CAWR 1987). These Regulations are made under the Health & Safety at Work Act 1974 and their objective is to minimise exposure to asbestos fibre within the workplace.

The Health & Safety Executive have produced two Approved Codes of Practice - known as L28 and L29, amended 1 Feb 1999 - along with a number of technical guidance notes as reference, so that contractors and clients alike can achieve compliance with the requirement of the regulations.

Works involving sprayed coatings, thermal insulation and insulating board require the contractor to be licensed under the Asbestos (Licensing) (Amendment) Regulations 1998. Employers or self-employed persons may undertake short term repair work within their own premises without a license, but must still comply with CAWR 1987.

The building owner has ultimate responsibility under the Health & Safety at Work Act 1974, and it should be noted that these are the only regulations on the statute book where you are presumed guilty and must prove your innocence.

The principle statutory and regulatory requirements are:

• Health & Safety at Work 1974
• The Control of Asbestos at Work Regulations 1987 as amended apply to all work with asbestos in Great Britain. They require the employer to prevent the exposure of his employees to asbestos or where this is not reasonably practicable to reduce it to the lowest possible level. Where work with asbestos is carried out it specifies strict controls and protection measures that must be undertaken before and during the work.
• The Control of Asbestos at Work (Amendment) regulations 1998
• The Control of Asbestos in Air Regulations 1990 implement EU controls on asbestos. They limit emissions from all processes involving the use of asbestos and emissions from the working of products containing asbestos - this includes the demolition of buildings.
• Approved Code of Practice - 3rd Edition - "Work with asbestos insulation, asbestos coating & asbestos insulation board."
• Approved Code of Practice - 3rd Edition - "The Control of Asbestos at work".
• Asbestos (Licensing) (Amendment) Regulations 1998
• Management of Health & Safety at Work Regulations 1999

If, during the refurbishment or demolition of premises, it becomes necessary for asbestos materials to be worked upon or disturbed in any way, there is a requirement under CAWR 1987 for both a risk assessment and written 'plan of work' to be prepared.

The Licensed Contractor employed to carry out the works should prepare the risk assessment and plan of work. Although the primary purpose of these is to minimise the exposure of workers to asbestos fibres, they also demonstrate to the enforcing authority whether the contractor recognises his own responsibilities under the regulations as well as his understanding of the requirements.

Work with asbestos cement and other asbestiform materials such as resins, rubbers and plastics are exempt from the Asbestos (Licensing) (Amendment) Regulations 1998, and therefore it is not mandatory to employ a licences asbestos removal contractor to remove these products. However, there is still a requirement under the ACOP "The Control of Asbestos at Work" to undertake a risk assessment, although if the work is straightforward and if the anticipated exposure to asbestos is low, the assessment does not have to be in written form.

Practical guidance for achieving the standards required for asbestos cement by the ACOP can be found in the HSG 189/2 "Working with asbestos cement".

If the employer elects to use his own employees, under the Health & Safety at Work Act 1974, he has a duty to ensure the health, safety and welfare of his employees by providing such information, instruction, training and supervision required to maintain a safe system and safe place of work. Therefore, in addition to providing training on asbestos hazards and the appropriate control measures which will be required, the employer has to provide his staff with the appropriate safety equipment, ie. respiratory protection and protective overalls. The employer should also be aware of the requirement to carry out medical surveillance of all employees and maintain their records for a minimum of 40 years.

For waste disposal purposes, all asbestos is designated as a "special waste" under the Special Waste Regulation 1996, which provide control over the movement of waste to its final disposal using a consignment note system.

In most situations, particularly because of the requirements to dispose of asbestos cement and other exempt products as a special waste, it is often more cost effective to use a licensed asbestos removal contractor.

Risk Assessments

The risk assessment system adopted concentrates on the likelihood of fibre release from asbestiform materials into the respiratory zone of persons encountering that product. This is the singular most important factor in assessing the likelihood of any person being exposed to fibre concentrations injurious to health.

In some situations it may be useful to undertake measurement of airborne fibre concentration. These measurements are, however, open to vast variations dependent upon conditions and may well be below the concentration measurable using optical microscope methods but still above local background levels.

Prorate Rating - Recommendations & Comments

• Category A: 45+

Situations within this category warrant urgent consideration. It is likely in situations with such a high rating that persons are being exposed to some level of asbestos fibre contamination. Repair or removal of these items should be carried out immediately.

• Category B: 39-44 inclusive

Situations within this category will still warrant urgent consideration. Any slight deterioration in one of a number of contributory factors will result in fibre release giving unacceptable exposure levels. Thus it is recommended that items within this category should be removed on a managed basis within 1 year and that in the meantime emergency repair and sealing operations be undertaken where any damage or deterioration occurs.

• Category C: 30-38 inclusive

Situations within this category do no pose an imminent risk and the likelihood of fibre release is low under existing conditions. It would be most appropriate in this situation to monitor the situation, as deterioration will occur with the passage of time. It is recommended that items within this category be inspected on a 6 monthly basis in order to ascertain any change in circumstances. Any change in circumstances giving rise to a higher risk score should be dealt with accordingly.

• Category D: 10-29

Situations within this category are of low priority. It is recommended that these items be inspected on an annual basis in order to ascertain any change in circumstances.

It should be noted that where demolition, refurbishment or any other change of use interferes with the routine inspection cycle, all items should be re-assessed to reflect proposed changes.

In addition to identifying asbestiform materials, each incidence of asbestos has been assessed and a priority rating in the form of a numerical weighting calculated. This is designed to allow the estates department to readily identify those areas that require more immediate attention and to undertake long term planning for lesser risk areas.

The numerical risk value extends from 10-45, with three assigned risk categories within this range.

• Category A - values 45+ - high risk requiring immediate action.
• Category B - values 39-44 inc - high risk requiring action as soon as possible
• Category C - values 30-38 inc - medium risk requiring regular inspection & maintenance
• Category D - values 10-29 - low risk

Notwithstanding the above, if any refurbishment, maintenance works (including decorating), or new fixtures are required, then affected areas of asbestos should be removed by a Licensed Asbestos Removal Contractor prior to carrying out any other works. Removal and replacement of asbestos insulation board by maintenance staff is in direct contravention of The Control of Asbestos at Work (Amendment) regulations 1998 and thus The Health & Safety at Work Act 1974.

Any works with Asbestos Insulating Board must be carried out under fully controlled conditions and in accordance with all relevant legislation, including the requirement to give the enforcing authority 14 days notice prior to commencement of works (effective 1st August 1999).

Removal any asbestiform materials should be carried out within the bounds of current legislation.

All asbestos is designated as a 'special waste' under the Special Waste Regulations 1996, which provide for control over the movement of waste to its final disposal using a consignment note system.

Note: any intentional disturbance of asbestiform materials must be accompanied by a written plan of work and a risk assessment.

Persons involved in any demolition or alteration process should be made aware of the potential for discovery of further asbestiform materials. On the event that suspect material is discovered works should immediately cease, the area should be sealed off and the suspect material sampled for analysis. Subsequent actions will depend upon the analysis result.