Episode 200 - Asbestos Regulations & Awareness

This week we will be talking about asbestos and asbestos management in construction. This episode content meets PC3 - Legal Framework & Processes of the Part 3 Criteria.

Resources from today's episode:

Website:

• https://www.hse.gov.uk/pubns/priced/l143.pdf
• https://www.hse.gov.uk/asbestos/introduction/index.htm

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Transcript

Episode 200:

Hello and Welcome to the Part3 with me podcast. 

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I am your host Maria Skoutari and this week we will be talking about asbestos and asbestos management in construction. Todays’ episode meets PC3 of the Part 3 Criteria.

And make sure to stay until the end for todays scenario.

What is asbestos and why is it so critical in construction:

Asbestos is made up of tiny fibres that are invisible to the naked eye and can be breathed in or carried on clothing, which means exposure can affect workers, other building occupants and even people at home if contamination is not properly controlled. Asbestos was used in many industries and buildings until it was banned in 1999. However, while asbestos continues to be safely removed, much of this material is still in place. It remains the single greatest cause of work-related deaths in Great Britain, with around 5,000 people dying every year from asbestos-related diseases. These diseases typically take decades to develop, and there is no cure once they are established, which is why prevention and management are absolutely critical.

For construction and refurbishment projects, the uncomfortable reality is that asbestos is still present throughout the UK built stock. Although the importation, supply and use of asbestos are banned and buildings constructed after 2000 are unlikely to contain it, very large numbers of pre‑2000 buildings still contain asbestos-containing materials, often in multiple locations.

To manage its disposal and handling process, the UK introduced some laws:

The legal framework you need to have on your radar is centred on the Control of Asbestos Regulations 2012, supported by the Approved Code of Practice “Managing and working with asbestos” (L143) provided by the Health and Safety Executive. The Approved Code Of Practice contains the regulations themselves, plus detailed guidance aimed at employers on work that disturbs asbestos, sampling, laboratory analysis, and the specific duty to manage asbestos in premises.

Relating to the duty owed to the public and homeowners, contractors carrying out work in a home have a legal duty to protect its occupants and users from any risks to their health due to their activities. This includes risks from asbestos-containing materials. In owner-occupied domestic properties, homeowners are not engaged in work activity so are not legally responsible for risks to contractors. The HSE provides a separate guidance for members of the public when carrying out works to their own home.

The legal duty to manage asbestos in buildings applies to all non‑domestic premises and to the common parts of multi‑occupancy domestic premises such as purpose‑built blocks of flats. The HSE guidance makes clear that this duty exists to protect anyone who uses the building, including workers, occupants and visiting contractors, from the risk of exposure to asbestos fibres. 

Under this legal duty to manage asbestos sit the responsibilities of dutyholders which are required to protect people from the risks of exposure to asbestos. The “dutyholder” is the person or organisation with legal responsibility for maintenance and repair of non‑domestic premises. That could be the building owner, a landlord, a managing agent, or an employer who controls the building, depending on how leases and contracts are structured. The dutyholder should ensure that anyone who may be able to provide more information (and in any case have a duty of co-operation) is consulted and that this information is obtained. In situations where there is no owner with sole responsibility for maintenance of the premises, it will be necessary to consult the detail of any contract or tenancy agreement to help establish who is responsible for which aspects of the requirements. 

In terms of their duties, the dutyholder must:

• Identify whether asbestos-containing materials are present, where they are, how much there is and what condition they are in. And ensure that an assessment of the potential risk from the asbestos-containing materials is made.
• Presume materials contain asbestos if there is no strong evidence that they do not.
• Keep an up‑to‑date record or register of asbestos-containing material locations and condition.
• Assess the risk of fibre release from those materials.
• Prepare and implement an asbestos management plan and review it regularly.
• Provide information on the location and condition of the asbestos-containing materials to anyone who may work on or disturb them, including contractors.

Architects are explicitly listed by the HSE amongst the occupations that need asbestos awareness training as minimum requirement, as design decisions and site visits can bring them into contact with asbestos-containing materials or influence how they are disturbed. While the architect is not usually the dutyholder, failure to ask the right questions about existing asbestos information, or to coordinate works so that asbestos is properly managed, can create serious professional liability.

So, where would asbestos likely be found that would then lead to its management:

The HSE guidance highlights that anyone working on the structure or fabric of pre‑2000 buildings is more likely to encounter asbestos. Activities that increase the risk include drilling into walls, refurbishment and retrofitting, demolition and installations of equipment such as smart meters or building services upgrades.

Workers most at risk are those who disturb the fabric of buildings, for example:

• Refurbishment contractors and general construction workers.
• Maintenance staff such as caretakers.
• Electricians, plumbers, joiners, plasterers, decorators, roofers, shopfitters and similar trades.
• Demolition workers, telecoms and alarm installers, HVAC engineers and IT/data installers.

Where asbestos-containing materials are in good condition and not likely to be damaged, the HSE advises that they can often be left in place and managed, with the focus on preventing disturbance. If asbestos-containing materials or presumed asbestos-containing materials that are in good condition are left in place, this information should be entered on the record/register of locations and the information kept up to date informing everyone who needs to know about its presence in sufficient detail. Asbestos-containing materials can be labelled clearly with the asbestos warning sign or some other warning system. If labelling is not used, the dutyholder must make sure that those who might work on the material know that it contains or may contain asbestos, before they start work. Where they are in poor condition, or where normal use or planned works are likely to damage them and repair or enclosure is not suitable, they should be removed by appropriately competent contractors.

For architects, this means that early design decisions about routes for services, extents of demolition, and sequencing of strip‑out can dramatically change the risk profile and cost of asbestos management.

So, what should the process be before commencing works in areas where asbestos is suspected:

Before starting any work that is likely to disturb asbestos, an employer must first identify the presence of asbestos and its type and condition before any building, maintenance, demolition or other work, liable to disturb asbestos, begins. They are also required to arrange a survey if existing information on the presence of asbestos in the premises is incomplete or appears unreliable. Then, they should carry out a “suitable and sufficient” asbestos risk assessment. The risk assessment must identify how to achieve prevent exposure of employees to asbestos as far as is reasonably practicable and if there are any other risks in complying with this duty. If work liable to expose employees, and others affected by the work, to asbestos is unavoidable then, before starting work, employers must make a suitable and sufficient assessment of the risks created by the likely exposure. 

The person conducting that assessment needs adequate knowledge, training and expertise in asbestos risks and in the requirements of the Control of Asbestos Regulations.

They must be able to:

• Understand how the planned work may disturb asbestos and estimate likely exposure levels.
• Collate relevant information, including asbestos survey data and as‑built drawings.
• Assess other on‑site risks alongside asbestos, such as work at height or confined spaces.
• Decide whether the control limit for asbestos exposure is likely to be exceeded and whether the work is licensable, notifiable non‑licensed work (NNLW), or non‑licensable.

In practice, this risk assessment will typically sit with the contractor and, for licensable work, with specialist licensed asbestos contractors. However, architects should be able to:

• Read an asbestos survey and understand its implications for design and phasing.
• Challenge vague or incomplete risk assessments that do not clearly address how asbestos will be controlled or removed.
• Recognise when a scope change triggers the need to revisit the asbestos risk assessment and potentially revisit planning, programming and costs.

So once the risk assessment has been carried out, then an asbestos management plan and register needs to be developed:

The asbestos register and the management plan are central tools for controlling risk throughout the life of a building. The register is a live document listing known or presumed asbestos-containing materials, their locations, and their condition, and it must be kept up to date as materials are removed, encapsulated or re‑assessed.

The management plan sets out:

• How the dutyholder will manage identified risks.
• How asbestos-containing materials will be monitored, repaired, enclosed or removed.
• Procedures for informing workers, occupants and contractors about asbestos-containing materials and controls.
• How the plan will be reviewed and updated over time.

Dutyholders should ensure that the management plan is made available to all the individual premises, so if there are separate site managers/building managers responsible for different premises on the same site, they must each make the information available to those in their respective premises. 

Now, there are three types of work related to asbestos: awareness, non‑licensable and licensable:

The HSE distinguishes three broad levels of information, instruction and training for asbestos‑related work: asbestos awareness, non‑licensable work, and licensable work. Each corresponds to a different risk level and different regulatory requirements.

• Asbestos awareness training is intended to help workers and supervisors recognise asbestos-containing materials and avoid disturbing them during normal work. It explicitly does not prepare workers to carry out work on asbestos-containing materials. If the work will disturb asbestos, further training is required.
• Then under non‑licensable work, including certain notifiable non‑licensed work, this type of work covers lower‑risk tasks such as drilling into some asbestos-containing materials, removing asbestos‑containing floor tiles, or working around undamaged asbestos cement sheets. Workers undertaking such activities need additional, job‑specific information and training on risk assessment, safe work practices, control measures, protective equipment, waste handling and emergency procedures. Some examples of non-licensable work includes activities like:
• Removal of asbestos cement products
• Maintenance work involving asbestos cement products
• Removal of small areas of textures decorative coatings 
• Drilling of textured decorative coatings for installation fixtures/fittings. 
• Encapsulation and sealing-in work on asbestos containing materials that are in good condition, and more.

Employers who plan to carry out notifiable non‑licensed work should notify the work using the online notification form for notifying all the relevant authorities. Notification must be made before the work begins. 

• Now relating to licensable works, this relates to most work on higher‑risk asbestos-containing materials which must be carried out by licensed contractors issued with a license by the HSE, with workers and managers who are competent, appropriately trained and equipped with suitable respiratory and other protective equipment. When undertaking licensable work, the appropriate enforcing authority must be notified with details of the proposed work at least 14 days before work starts. This enables the authority to assess the proposals for carrying out work with asbestos and if appropriate, to inspect the site either before or during the work. 

So how can it be determined if work is licensable:

It is relatively easy to release asbestos fibres when working with asbestos insulation, asbestos coatings and AIB. In most cases, only those with a licence should carry out work with these materials. However, licensing will not apply to short-duration work where the risk assessment shows the work will only produce sporadic and low intensity exposure and will not exceed the control limit. 

Employers need to consider whether the work meets the criteria set out in the definition of licensable work and, if it does, a licence will be required. Licences are issued for a set period, during which the licence holder can carry out licensable work.  

From a project management and contract administration perspective, consultants need to be confident about which category work falls into, whether the contractor is appropriately licensed where required, and whether time and cost allowances reflect the level of control measures needed.

Now in relation to information, instruction and training, what is expected:

Every employer must ensure that anyone liable to disturb asbestos during their normal work, or those who supervise them, receive appropriate information, instruction and training so that they can work safely and competently. The level of training must be proportionate to the work and roles being undertaken, and is best determined through a training needs analysis.

For asbestos awareness, training should cover:

• The properties of asbestos and health effects, including the increased risk of lung cancer for workers who smoke.
• The types, uses and likely occurrence of asbestos in buildings and plant.
• General emergency procedures for uncontrolled releases.
• How to avoid the risk of exposure.

For non‑licensable work and notifiable non‑licensed work, training must go further into risk assessment, safe work practices, control measures, PPE and RPE selection, waste handling and legal requirements, including when work must be notified. 

For licensable work, further specific guidance applies, and workers should have access to risk assessments, plans of work, air monitoring results, notification details and health record information.

There is no legal requirement for a training certificate, but employers must keep records of training received to support competence and licensing processes. Refresher training is expected, usually annually for licensable and non‑licensable work, and should reflect changes in methods, equipment or identified competency gaps.

The HSE emphasises that those who work in buildings containing asbestos but are unlikely to disturb it, such as teachers, still need to be informed about the specific locations of asbestos containing materials in the rooms or areas they use, and what to do if accidental damage occurs. This information forms part of the asbestos management plan and should be embedded in day‑to‑day occupation and facilities management.

Contractors working in domestic properties, as mentioned earlier, have a legal duty to protect homeowners and other occupants from risks arising from their activities, including risks from asbestos. In owner‑occupied domestic homes, the homeowner is not legally responsible as a dutyholder, but they are still affected by how safely contractors plan and execute asbestos‑related work.

Employers working with asbestos in premises also have duties to inform non‑employees who might be affected by the work about the locations where work is taking place, possible changes to routes and fire exits and any other information necessary to avoid risks. The Control of Asbestos regulation also requires employers to prevent employees being exposed to asbestos or, if this is not possible, to put in place the measures and controls necessary to reduce exposure to as low as is reasonably practicable. As well as carry out regular inspection and maintenance of control measures to make sure asbestos containing materials are kept in good efficient working order. 

Now relating to the architects duties, architects involved in planning decant strategies, temporary works, or phasing around occupied spaces should factor communication duties into their planning.  

Generally a competent architect is expected to:

• Recognise when the duty to manage applies and whether a suitable asbestos survey and management plan exist.
• Advise the client about the need for appropriate surveys and risk assessments before design or work progresses.
• Coordinate design and specification to align with the asbestos strategy – whether that is removal, enclosure or avoidance.
• Ensure that procurement documents, pre‑construction information and contract preliminaries clearly set out asbestos information and responsibilities, and do not contradict the legal framework.

Asbestos management is, ultimately, about protecting people from a serious, often invisible risk that may only show its effects decades later. For architects, engaging with that risk competently in briefing, design, documentation and site involvement is a core part of acting as a trusted professional.

Let’s sum up what we discussed today:

• Asbestos is an invisible fibre risk that still kills around 5,000 people a year in Great Britain, so eliminating exposure is far more important than chasing symptoms years later. As such, the UK has put certain laws in place to manage asbestos, including the Control of Asbestos Regulations 2012, supported by the Approved Code of Practice “Managing and working with asbestos” (L143) provided by the Health and Safety Executive. 
• Key item to remember is that any pre‑2000 building should be treated as likely to contain asbestos, which means “no survey, no disturbance” before drilling, strip‑out, refurbishment or demolition.
• The duty to manage asbestos in non‑domestic and multi‑occupancy buildings sits with the legal dutyholder, who must survey, maintain a live register, and keep an up‑to‑date management plan that everyone on site actually uses. Relating to the duty owed to the public and homeowners, contractors carrying out work in a home have a legal duty to protect its occupants and users from any risks to their health due to their activities.
• Competent risk assessment and clear communication is key, knowing whether asbestos related work is awareness-only, non‑licensable or licensable, and making sure occupants and contractors are informed.
• For architects, this means they need at least asbestos awareness training and must actively engage with surveys, phasing and detailing, because design and coordination decisions can greatly increase or reduce asbestos risk and cost.