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John Richards - Thames Laboratories
Online advisor - 8 posts
Jim,
It is unclear from you question as to the status of occupation of the building. Do you own / lease the building, or are you in the process of purchase / leasing the site. Could you provide some more details in this respect, as this will affect the possible options.
John Richards
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John Richards - Thames Laboratories
Online advisor - 8 posts
I would agree with the later part of Chris's comments. To take the HSE line on this matter a survey does not mean compliance,it is the management plan that is required for compliance. For the Type 1 survey in order to complete the material assessment no analysis of materials are necessary, one somply assumes that all materials contain blue asbestos which carries the maximum score.
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John Richards - Thames Laboratories
Online advisor - 8 posts
Philip as you correctly state the CAW Regs do not require and form of accreditation for inspection work at either Type 1, 2 or 3. This is often misrepresented by those who are newly qualified to the industry. Competence is a measure of formal training and experience and this generally cannot be achieved by a person working alone without mistakes being made.
HSE have been wide of the mark in stating a level of £5m for PI insurances as the insurance market is not willing to provide this level of cover to all but a handful of organisations (not individuals) as the risk is deemed to high.
The issue of third party asbestos surveys does need to be considered carefully, unlike other activities dealt with by professional surveys failure in performance can be deemed a criminal offence, and the HSE are keen to pursue personal prosecutions for asbestos offences. Alongside this given the cost of asbestos related insurance and the claims excess involved you would need to be undertaking more than the occasional inspection to make the work pay.
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John Richards - Thames Laboratories
Online advisor - 8 posts
Phil,
I have placed a response on the forum thread earlier this morning, If you wish to discuss this in more detail please give me ring. I am away on holiday from tomorrow.
Regards
John Richards
01480 891800
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John Richards - Thames Laboratories
Online advisor - 8 posts
The requirements of the regulations extend to cover care homes. The extent is not clear but if you have staff entering the individuals dwellings then the dwelling is also likely to be subject to the requirements of the regulations.
By May you will need to have in place a precautionary approach to asbestos and will be expected to have done an initial assessment of the risk. This may involve a survey but this is not the requirement.
You must have in place a management plan that identifies where asbestos is or is likely to be and the measures you have in place to control this risk. Depending upon the age and complexity of your sites it may then be necessary to survey for effective management.
It should be noted that the HSE wishes to extend the scope of the regulations to cover dwellings under local authority and social landlord control. Suggested dates for this are 2006.
More guidance on the requirements can be found in the Workplacelaw Network recent asbestos publication.
If you would like to discuss the requirements further please feel free to call.
John Richards Tel 01480 891800
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John Richards - Thames Laboratories
Online advisor - 8 posts
Richard.
I believe your issue here is not one of management but of the re-use of asbestos.
Re-use has prohibited since 1999 but the term re-use is not clearly defined. If the item is being moved off site this would probably be re-use, however moving it within a building is probably not re-use.
The only examples of this I am aware of relate to theoretical examples of re-use for asbestos panels.
Given the scale of the issue and the costs involved I would suggest that you get a definitive answer from the Health and Safety Executive. If your local office is unable to assist you could try the asbestos licensing unit in Edinburgh or the asbestos policy unit at Rose Court in London.
This is very much a grey area at present and I would suggest you get whatever response they offer in writing.
John Richards
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John Richards - Thames Laboratories
Online advisor - 8 posts
Ciaron,
I would agree with this, some of the first health and safety custodial sentences have been for asbestos related matters, with an increasing trend towards individual prosecution. It therefore important to ensure that those advising or managing the asbestos risk are suitably experienced and qualified for organisation to demonstrate they have robust procedures in place to manage this risk.
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John Richards - Thames Laboratories
Online advisor - 8 posts
Steve,
I would generally agree with the comments made in the on-line forum regarding artex and other textured coatings. The variability of the mix does creat problems and it is not unusual to find a mixture of result. Textured coatings are for the purposes of the asbestos licensing regulations are defined as coatings and coatings are licensed products requiring the use of licensed asbestos contractor.
The advice that you have been given regarding removal of the flaking material is probably correct, you do not however talk about extent, it maybe possible for you to undertake this work in house following the guidance contained in Asbestos Essentials (available HSE books) but for most organisations the cost of complying with the guidance given in this publication is such that a licensed specialist will be the easiest route to follow.
Best regards,
John Richards
Thames Laboratories
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