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NSH-HSPB
Asbestos Management Policy
Newark and Sherwood Homes
Limited
Version 9
April 2015
Revision Date April 2018
Created By Health and Safety
Contents
Page
1.0
Introduction
3
2.0
Background
3
3.0
The Duty to Manage
3
4.0
Management of Asbestos
5
5.0
Legislation
7
6.0
Asbestos Surveys and risk assessment
8
7.0
Policy Review
9
8.0
Related Documents
9
Page 2 of 10
1
Introduction
1.1 The Control of Asbestos Regulations (CAR) 2012 builds on the duties imposed
by the Control of Asbestos Regulations 2002 and the Control of Asbestos at
Work Regulations 2006 on Newark and Sherwood Homes (NSH) to record
and manage asbestos within its properties and those it manages on behalf of
Newark and Sherwood District Council (NSDC).
1.2 It is the aim of this policy document to set out how NSH will meet its duties
detailed in these regulations.
2
Background
2.1 Asbestos still kills around 5000 workers each year, this is more than the
number of people killed on the road. Around 20 tradesman die each week as
a result of past exposure. However, asbestos is not just a problem of the
past. It can be present today in any building built or refurbished before the
year 2000.
2.2 When materials that contain asbestos are disturbed or damaged, fibres are
released into the air. When these fibres are inhaled they can cause serious
diseases. These diseases will not affect you immediately; they often take a
long time to develop, but once diagnosed, it is often too late to do anything.
2.3 The Control of Asbestos Regulations 2012 (CAR) specifies the legal
requirements for the management and control of asbestos for non-domestic
properties, which includes common parts of managed residential blocks.
2.4 As part of our business NSH commissions work in domestic properties by
third party contractors and we are required under the Health and Safety at
Work etc. Act 1974 and the Management of Health and Safety at Work
Regulations 1999; to provide information to these contractors to enable them
to avoid any risk to the health and safety of their staff.
2.5 NSH employees’ undertaken repairs in domestic properties where asbestos
may also be present and we need to ensure they have the relevant
information to prevent any harm to their health and safety also.
2.6 In order to discharge our duties under 2.2 and 2.3 above Newark and
Sherwood Homes has taken the decision to extend certain aspects of CAR
and carry out asbestos risk assessments to the domestic properties we
manage.
2.7 Furthermore under the NSDC Management Agreement, NSH has a
responsibility to maintain the properties as the acting landlord on their
behalf.
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3
Duty to Manage
3.1
The occupier, manager or person/body responsible for a building, which
may contain asbestos, has either a legal duty to manage the risk from
asbestos containing materials; or a duty to co-operate with whoever
manages that risk.
3.2
In 1999 asbestos use was prohibited, therefore buildings constructed prior
to 2000 can contain limited asbestos products, but buildings constructed
pre 1985 may contain substantial quantities of asbestos.
3.3
The person responsible for a building (The Duty Holder) is required to
manage the risk from asbestos by:
i.
Identifying asbestos containing materials within the premises and
assessing their condition.
ii.
Presuming materials contain asbestos unless there is strong evidence
that they do not;
iii.
Maintaining an up to date record of the location and condition of the
asbestos containing materials to be managed;
iv.
Assess the likelihood of anyone being exposed to fibres from these
materials.
v.
Prepare a plan setting out how the risks from the materials are to be
managed, take the necessary steps to implement the plan and review
and monitor the plan periodically.
vi.
Providing information on the location and condition of asbestos
containing materials to anyone liable to work on or disturb them.
3.4
The "Duty Holder" responsible for the management of asbestos in nondomestic premises, as set out in Regulation 4(1) of CAR 2012, is every
person who, by virtue of a contract or tenancy, has an obligation for the
repair and maintenance of those premises or, in the absence of such, the
control of those premises or access to and from the property. Parties who
may be Duty Holders include landlords, tenants, or managing agents.
3.5
NSH has taken the decision to manage its domestic properties along the
same principles in order to ensure the health and safety of its employees,
contractors and tenants who might become exposed to asbestos.
3.6
To ensure the health and safety of employees, tenants and contractors NSH
will hold an asbestos register and associated management plan to discharge
the responsibilities in relation to asbestos. This will include domestic and
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non-domestic premises.
follows:i.
ii.
iii.
iv.
v.
The steps required to achieve compliance are as
To Appoint a Person to Manage Asbestos.
Identify Asbestos in premises through Surveys.
Record the findings of the survey in an Asbestos Register.
Carry out Risk Assessments based on survey findings
Prepare the Asbestos Management Plan from the results of the risk
assessments to either, Monitor the condition of the asbestos or to
Repair/Remove it.
4
Management of Asbestos
4.1
NSH in recognition of its duties under the Health and Safety at Work Act
etc. 1974 towards its employees, tenants, visitors, service users,
contractors and members of the public, etc. undertakes to manage
responsibly all asbestos containing materials (ACM’s) within its control.
4.2
NSH aims to prevent the exposure to asbestos of anyone who may be
affected by maintenance or other activities. Where this is not reasonably
practicable, NSH will reduce exposure to the lowest level reasonably
practicable, by applying the principles of as set in the Management of
Health and Safety at Work Regulations 1999.
4.3
NSH will ensure that an assessment is undertaken to determine the
presence of asbestos in all non-domestic premises for which they are
responsible.
4.4
NSH will carry out an asbestos management survey of archetype domestic
properties and incorporate the findings into the Asbestos Register.
4.5
Where intrusive work is required in non-domestic or domestic properties a
Restructure/Demolition survey will be carried out prior to any work
commencing.
4.6
All NSH staff will have access to the Asbestos Register.
4.7
Managers will ensure that all employees involved in the management and
maintenance of property managed by NSH or who are liable to be exposed
to asbestos receive adequate information, instruction and training.
4.8
All contractors who are liable to be exposed to asbestos will be required to
show evidence of similar information, instruction and training to their staff,
as part of their appointment for any works or contract.
4.9
NSH will not undertake or contract out any work to any building without
adequate information on the nature, condition and extent of any asbestos
containing material likely to be disturbed. The asbestos register shall be
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consulted prior to any works taking place. Works orders for responsive
repairs, planned and voids shall indicate the details of asbestos information
within a specific property.
4.10 Contractors will be provided with the entries from the asbestos register for
those properties they are required to do work on or in before work
commences. It is not sufficient to allow the contractor to request the
information as required.
4.11 NSH must ensure that where asbestos is to be left in situ, compliance with
the Asbestos Management Plan (NSH-HS018) is followed. Any removal will
be done in compliance with CAR 2012.
4.12 Prior to the undertaking of ANY work (whether by NSH staff or contractors),
anyone responsible for commissioning the work must consider whether that
work will expose, or is liable to expose, any person to asbestos.
4.8
Before commencement of any work which will expose, or is likely to expose,
any person to asbestos, the person responsible for commissioning that work
shall ensure a suitable and sufficient risk assessment has been undertaken
of the potential risk created by any exposure and that a plan of work has
been submitted.
4.9
Any person (whether employed by NSH or not) who undertakes work that
exposes, or is liable to expose, any person to asbestos will ensure that all
control measures identified by the plan of work are implemented. This
information must ensure that all staff members are aware of the results of
any work assessment, the risk to health from asbestos, precautions to be
observed and any other information required to safeguard themselves and
others.
4.10 Any employee commissioning work shall ensure that any person
undertaking that work is informed of the location of any asbestos containing
material which is in the vicinity of that work at the property.
4.11 Certain non-licensable maintenance asbestos works can be carried out by
NSH staff. However, NSH will not carry out any Notifiable Non-Licensed
Work and will only carry out Non-Notifiable Non-Licensed Work which the
company has authorised and provided training for. The detail of this will be
held in the Company Asbestos Plan. NSH will maintain a list of employees
with current qualifications who are authorised to carry out this type of work.
4.12 NSH employees who carry out work on, or close to ACMs must be trained
and authorised to do so. These staff will receive training and this will be
refreshed on a periodic basis. The tasks must be of the type specified in
HSG 210 “Asbestos Essentials – A Task Manual” published by the HSE. If
the work required is not specified in this publication, specialist advice must
be sought from the Health and Safety Officer before any work commences.
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4.13 Any properties managed by NSH and let on a long term basis will be
included within the asbestos register.
5
Legislation
5.1
The principal legislation on the management of asbestos risk are;
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
The Health and Safety at Work etc. Act 1974
Management of Health and Safety at Work Regulations 1999
The Control of Asbestos Regulations 2012
Asbestos (Licensing) Regulations 1983 as amended 1998
The Construction Design and Management Regulations 2015
The Defective Premises Act 1972
The Housing Act 2004
The Environmental Protection Act 1990
5.2
All work with asbestos containing materials is controlled under the Control
of Asbestos Regulations 2012. These regulations are enacted under the
Health and Safety at Work etc. Act 1974. The object of these regulations is
to minimise workers and others whom may be affected exposure to
asbestos fibres both within the workplace and the surrounding area.
5.3
Approved Codes of Practice and a number of technical guidance notes have
been produced by the Health and Safety Executive (HSE) respectively,
designed so that building managers, employers, employees and contractors
can achieve compliance with the requirements of the regulations. The
principal documents are:i.
ii.
iii.
iv.
v.
vi.
L143 (first edition 2012) Managing and Working with Asbestos.
Approved code and guidance combined.
HSG 227 A Comprehensive Guide to managing Asbestos in premises
HSG 246 Asbestos: The survey guide (2012)
HSG 247 Asbestos: The licensed contractors’ guide
HSG 248 Asbestos: The Analysts Guide to sampling, Analysis and
Clearing Procedures
HSG 210 Asbestos essentials task manual
5.4
The majority of projects which involve work with asbestos spray coating,
thermal insulation materials and asbestos insulating boards require the
contractors to be licensed under the Asbestos (Licensing) Regulations 1983
as amended 1998.
5.5
All employers working with asbestos should comply with the requirements
of the Regulations which help prevent and control exposure to asbestos,
including:
i.
carrying out a risk assessment;
ii.
planning the work;
iii.
providing appropriate information, instruction and training to
workers;
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iv.
taking measures to prevent exposure and prevent the spread of
asbestos.
5.6
There is an exemption (Reg 3(2)) for certain types of work with asbestos
from the requirements of:
i.
notify the work with asbestos to the relevant enforcing authority;
ii.
designate the area where work with asbestos is being done;
iii.
ensure medical examinations are carried out for workers;
iv.
maintain health records for employees.
5.7
Whether the exemption applies will be decided by identifying the type of
work being done and the condition and type of ACM involved, and
comparing this with the exemption conditions. This should be considered as
part of the risk assessment which is required before work starts (under
regulation 6). The exemption will not apply to:
i.
licensable work with asbestos;
ii.
certain types of non-licensable work with asbestos (known as
notifiable non-licensed work or NNLW).
5.8
For NNLW work to be exempt from the requirements of 5.6 above the work
must satisfy condition A and B and fall into one of the categories in C.
i. Condition A – the exposure to asbestos of employees is sporadic and of
low intensity; and
ii. Condition B – it is clear from the risk assessment that the exposure to
asbestos of any employee will not exceed the control limit; and
iii. Condition C – the work falls into one of the following categories:
a. short, non-continuous maintenance activities in which only nonfriable materials are handled;
b. removal without deterioration of non-degraded materials in which
the asbestos fibres are firmly linked in a matrix;
c. encapsulation or sealing of ACMs in good condition;
d. air monitoring and control, and collecting and analysing samples
to establish whether a specific material contains asbestos.
5.9
It is NSH’s policy that asbestos work will only be undertaken by employees
where it is NNLW and exempt as per the requirements above.
5.10 There is a requirement under CAR 2012 for both a risk assessment and a
written "plan of work" to be prepared before work with asbestos
commences or is resumed. The purpose of both the risk assessment and the
plan of work are to minimise exposure to asbestos fibres and should be
undertaken by the contractor appointed to undertake the works. The Health
and Safety Executive (HSE) must be notified of any work with asbestos as
detailed in the regulation.
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6
Asbestos Surveys and Risk Assessments
6.1
CAR requires an organisation to assess and record asbestos present in
premises and this is generally referred to as the asbestos register.
6.2
NSH will assess the presence of asbestos through a structured programme
of surveys, sample testing and risk assessments.
6.3
A demolition/refurbishment asbestos survey will be carried out prior to any
major refurbishment taking place within a property, e.g. rewire, bathroom
or kitchen refurbishment etc.
6.4
Subsequent to the archetype survey, management surveys detailing the
possible presence of ACM's in domestic properties will be carried out on a
planned programme.
6.5
Risk assessments will be carried out in accordance with the HSE Asbestos
Priority Scoring Algorithm which assesses the ACMs present by type,
likelihood of disturbance, potential for human exposure and maintenance
activity.
7
Policy Review
7.1
This policy will be reviewed on a three yearly basis, together with any
associated documents with the exception of the Asbestos Management Plan
with is legally required to be review every year. Additional reviews may be
required subject to changes in legislation, best practice, etc.
8
Related Documents
8.1
Health and Safety Policy NSH–HSPA
8.2
Asbestos Management Plan NSH–HS018
8.3
Permit to Work Procedure NSH–HS007
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Privacy Statement
All information provided will be treated in compliance with the Data Protection Act 1998,
the Freedom of Information Act 2000, the Privacy and Electronic Communications
Regulations 2003 and other relevant legislation. We will keep your information for the
minimum time necessary.
Newark and Sherwood Homes Ltd may wish to share the information you supply with
local or national Government Departments and other organisations. If you do not wish
Newark and Sherwood Homes Ltd to share your information, you should decline to
provide the personal information requested. We will only share your information with
other organisations if we are required to by law. We will not use your information for
marketing purposes without your consent. Your personal data will be stored securely.
Your rights under the Data Protection Act will be respected when we access information
held about you.
If you require any further information please contact Newark and Sherwood Homes on
0845 258 5550.
Newark and Sherwood Homes Limited
Kelham Hall
Kelham
NEWARK ON TRENT
Nottinghamshire
NG23 5QX
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