4.2a Asbestos Part one
Last updated:Policy Statement
1.1 POLICY STATEMENT
This document relating to Asbestos, its associated hazards, and procedures, has been formally approved and adopted as Buckinghamshire Council Policy. It updates any previous Asbestos Policy Statements and applies to all council premises, employees, consultants, and any contractors employed by the council or its agents, or any other person in either a paid or volunteering capacity.
Buckinghamshire Council recognises the importance of the legal requirement to manage the risk from Asbestos and is committed to protect from any possible exposure to Asbestos fibers, not only its own employees, but also other persons who may be affected by its undertakings.
This policy and procedure document has been produced in order to ensure, so far as is reasonably practicable, that the above objective is achieved by detailing the action to be taken in respect of construction and maintenance work with a potential to release asbestos fibers into the air in council buildings;
The Council requires the co-operation of all employees in ensuring that the guidance contained within this policy is always complied with.
The policy and procedure document will be kept under review and revised as necessary.
Legal Requirements
1.2 LEGAL REQUIREMENTS
There are three main pieces of Legislation that deal specifically with asbestos. These are as follows:
The Asbestos (Licensing) (Amendment) Regulations 2003 , which lays down procedures for those carrying out stripping and removal operations.
The Asbestos (Prohibitions) (Amendment) Regulations 2003, which has banned the use of particularly hazardous processes and types of asbestos.
The Control of Asbestos Regulations 2012, which are designed to ensure that asbestos is handled safely.
In addition to the above, guidance issued by the Health and Safety Executive will be taken into account when dealing with asbestos, particularly the Approved Code of Practice Managing and working with Asbestos L143
The maximum level of environmental pollution considered to be permissible by the HSE is less than 0.01 fibres/millilitre. Where levels exceed this, regardless of the workplace exposure limits (WELs) for asbestos, the council will, by undertaking appropriate cleaning methods, ensure that a level of less than 0.01 fibres/millilitre of air is always achieved. Less than 0.01 fibres/millilitre of air is the lowest measurable level using the standard test procedure outlined within managing and working with asbestos L143.
Roles and responsibilities
1.3. ROLES AND RESPONSIBILITIES (Buckinghamshire Council)
The success of this Policy is dependent upon key employees understanding, recognising and carrying out their responsibilities. To achieve this objective the following officers, have the responsibilities outlined below.
Chief Executive Officer
The Chief Executive Officer, (The Corporate Duty holder), through the Director of Planning, Growth & Sustainability, has a responsibility to comply with their legal duties in relation to Asbestos. These include identifying and assessing sources of risk, preparing schemes to prevent or control risk, implementing, managing, and monitoring precautions, keeping records of precautions taken and appointing managers to be responsible for others.
Director of Planning Growth & Sustainability
The Director of Planning, Growth & Sustainability through the Director of Property and Assets is responsible, through the Head of Property Services, for:
- Identifying and assessing sources of risk. This includes identifying all visible asbestos containing materials (ACMs) and searching out hidden ACMs prior to refurbishment or demolition work to ensure asbestos fiber release is kept within control limits, ensuring air tests, sampling of material and inspection of asbestos work are carried out as required.
- Developing, monitoring, and implementing the Asbestos Policy and supporting procedures.
- Preparing a written scheme for preventing or controlling the risk, where appropriate.
- Implementing, managing, and monitoring precautions.
- Keeping records of the precautions.
- Appointing a competent person with sufficient authority and knowledge of ACMs to help take the measures needed to comply with the law.
- Assisting the Head of Health & Safety (in conjunction with the Health & Safety Team) with the development and implementation of the system of site responsible persons.
- Overseeing Asbestos training of employees who have responsibilities for property.
- Commissioning asbestos surveys of all Buckinghamshire Council owned premises, as appropriate.
- Communicating with the landlords of hired/leased premises occupied by Buckinghamshire Council to ensure a similar assessment and control regime to that carried out by the council is in place.
- Commissioning and coordinating of any asbestos related work within Buckinghamshire Council.
- Carrying out periodic reviews of the Asbestos Policy in conjunction with the Head of Health & Safety.
- Informing Strategic Directors and employees with property related responsibilities of any changes to the policy or procedures.
- Investigating and reporting, in conjunction with the Head of Health and Safety, any Asbestos related incidents.
- Making available appropriate information / instruction / training.
- Putting in place lines of communication.
- Bringing to the attention of the Cabinet Member for Finance, Resources, Property & Assets through the Head of Property Services any resource issues which may require their intervention.
Council Directors of Business Units, Heads of Service and Senior Managers will:
- Ensure employees under their control are trained or given instruction or information in Asbestos awareness to a level appropriate to their area of work.
- Ensure employees comply with the Asbestos Policy and procedures as necessary.
- Ensure there are clear lines of communication between their own service area and the Property Team on Asbestos related matters.
- Ensure that those lines of communication are used. The annual statement of health and safety compliance completed by schools will aim to ensure that appropriate control measures are in place to deal with asbestos on the site.
Those in control of the maintenance of premises (Duty Holder) e.g. Headteachers, school governors, premises managers will:
- Appoint an “Asbestos Coordinator” for each site. (See Appendix 1).
- Ensure that employees under their control receive information / instruction / training in asbestos awareness to a level appropriate to their area of work. This can be cascaded down, where appropriate, by those who have attended the Asbestos Awareness training course.
- Ensure that employees comply with the instructions laid down in the Asbestos Register provided for their premises.
- Ensure those in the vicinity of any asbestos-related work who are not under their control but may be affected by it have adequate knowledge of the work and any precautions in place as a result of it being carried out.
- Ensure all contractors or persons using or hiring the building are given any relevant information relating to the presence of asbestos within the building.
- Ensure all contractors carrying out work on the fabric of the building are shown the Asbestos Register and sign it to confirm that they will not disturb any asbestos containing material.
- Ensure any activity carried out in the premises does not result in the release of asbestos fibres.
- Ensure that in the event of an incident arising, where the release of asbestos fibres is suspected, immediate action is taken as set out in this guidance to minimise any possible contamination.
- Ensure that the condition of asbestos within the building is monitored during routine Health & Safety inspections.
- Ensure that any equipment that may contain asbestos, e.g. kilns, ovens, and fume cupboards, is checked, monitored and, if necessary, disposed of safely. Equipment and fittings were not covered under the asbestos survey, but advice may be sought from the Property Services Team about any items causing concern. Where action is required, risk assessments and method statements will be required before work commences.
- Ensure that work not under the control of the Property Services Team but which is undertaken by external consultants or property managers directly, or which is controlled by Service Areas, is suitably documented to show compliance with the council’s policy and procedures on asbestos.
- Copies of all documentation (details and extent of work, risk assessments, method statements, air clearance certificates etc.) must be sent to the Property Services Team at propertyservice@buckinghamshire.gov.uk to enable the Asbestos Register to be updated.
Employees will:
- Attend Asbestos awareness training / instruction as appropriate.
- Be made aware of the existence, location and purpose of the Asbestos Register and the location of any asbestos within their work area.
- Comply with all instructions given to them regarding the prevention of exposure to asbestos fibres within the building.
- Be encouraged to raise concerns over issues relating to the management of asbestos in the buildings in which they work.
The Head of Health & Safety will:
- Act on the professional advice provided by the Property Services Team.
- Develop and implement the Asbestos Policy and supporting procedures alongside the Property Services Team.
- Undertake the periodic review of the Asbestos Policy and Procedures alongside the Property Services Team.
- Consult with The Corporate Health and Safety Wellbeing Committee (CHSWC) on Asbestos related matters, including the provision of information / instruction / training.
- Monitor the implementation of the Asbestos Policy across the council in collaboration with the Head of Property Services.
- Investigate any Asbestos related incidents in collaboration with the Head of Property Services and report them to the CHSC.
- Provide general feedback to the Director of Property and Assets through the Head of Property Services on the operation of the Asbestos Policy.
- Agree on, oversee the implementation of and monitor appropriate Asbestos awareness information / instruction / training to all employees, in collaboration with the Property Services Team.
Corporate Health and Safety Wellbeing Board (CHSWB) - this is the Council’s formal consultative forum and will:
- Agree any revisions to the Asbestos Policy and Procedures.
- Discuss any Asbestos incidents that have been brought to the attention of the Head of Health & Safety.
- Monitor action taken as a result of Asbestos incidents.
The Cabinet Member for Finance, Resources, Property & Assets is responsible for:
- Final agreement on any significant changes to the Asbestos Policy which may have Resource implications.
- Ensuring that sufficient funds are available to enable the Director of Property and Assets to implement the Asbestos Policy and procedures.
Academy Trusts, Foundation and Voluntary Aided Schools
The responsibility for the management of health and safety within Academy, Foundation and Voluntary Aided schools’ rests with the Governing Bodies of these schools and they are free to make their own arrangements to manage Asbestos. The Council, however, strongly advises the governing bodies of these schools to buy in to the Asbestos Management system offered by the council or to make other suitable arrangements which will meet their legal requirements to manage the risk from Asbestos.
Contractors
All contractors invited to work on behalf of the council, either directly or through their representatives, will be required to comply with the following procedures:
Before starting any work, contractors must sign the Asbestos Register record sheet on site to confirm they have inspected the current Asbestos Register, and they will not be disturbing any asbestos containing materials. Failing to give this assurance means that work cannot proceed, and further advice must be sort. Contractors who discover asbestos containing material, or what is thought likely to be an ACM, whilst carrying out work must stop working immediately and report the matter to the Property Services Team, or the employing officer/body, and follow the emergency procedures.
Provide risk assessments and method statements, which must be approved by the Headteacher/Head of Centre or nominated safety officer before work commences.
Contractors failing or refusing to comply with the above procedures must be prevented from working on behalf of the council, with their details notified to the Property Services Team immediately.