Support services - Estates: asbestos policy (U01c)

1.1 This is a new joint procedure/SOP for Essex Police and Kent Police.

2.1 This document identifies how Essex Police and Kent Police shall manage the health risks to persons from asbestos containing materials (ACMs) in its buildings and assist them to comply with the Health and Safety at Work Act 1974 and the Control of Asbestos at Regulations 2012. It will set out procedures to be adopted by the group and outside contractors, with regards to asbestos, in properties owned or managed by Essex Police and Kent Police.

2.2 All properties, where the duty holder is identified, must have an asbestos policy. This is achievable with the compilation of an Asbestos Register for each site. Prior to a register for each site certain procedures must be adhered to as set out in this document.

2.3 It must be adhered to by all employees, contractors and persons charged with the responsibility of sites owned or operated by Essex Police and Kent Police.

2.4 For the purposes of the management plan the duty holder shall be Essex Police and Kent Police where Essex Police and Kent Police own the building and where Essex Police and Kent Police are the landlord. Where Essex Police and Kent Police are tenants they shall contact the landlord and confirm his asbestos policy to ensure that it is consistent with the requirements contained herein.

2.5 Employers and employees have duties under the Control of Asbestos Regulations 2012. These are existing duties that have merely been clarified. One new definition is that of 'duty holder'. Put simply, if you instruct, or allow, work to be carried out in a building that you have a level of control over, you must inform those carrying out the works of the risk from asbestos.

3.1 Statement of intent

3.1.1 Essex Police and Kent Police as duty holder acknowledges and accepts its responsibilities under the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, the Control of Asbestos Regulations 2012 and associated legislation.

3.1.2 Where appropriate, approved codes of practice and guidance information published by the Health and Safety Commission and Executive shall be taken as the adopted standard.

3.1.3 Essex Police and Kent Police are aware of their legal duty to identify and record the location and condition of asbestos and presumed asbestos containing materials (ACMs), assess the risks from such materials and formulate a management plan to reduce those risks.

3.1.4 Essex Police and Kent Police are aware of their responsibilities to safely manage retained asbestos containing materials within premises under their control and to liaise with others in premises which they own that are under the control of others.

3.1.5 Essex Police and Kent Police shall ensure that their site staff receive training appropriate to their role.

3.1.6 An “Asbestos co-ordinator” (Joint Head of Estate Services) has been appointed to be responsible for:

• compiling and maintaining the premises Asbestos Registers which are maintained in paper format
• providing advice to staff and contractors on the actions/procedures for minimising the risks from asbestos
• ensure that future asbestos sampling, surveys and abatement works instructed via the Asbestos co-ordinator meet with this Asbestos procedure and the requirements of HSG264
• provide liaison between Essex Police and Kent Police and others in premises where Essex Police and Kent Police does not have control to ensure that the landlord and duty holder of that building, in which Essex Police and Kent Police employees may work, has similar processes in place to that incorporated within this document

3.1.7 No new or replacement materials containing asbestos will be used in Essex Police and Kent Police premises.

3.1.8 An accurate up to date Asbestos Register will be maintained by the Asbestos co-ordinator identifying areas within premises containing asbestos. The Asbestos Register will be updated to record periodic inspections and any abatement works. The Asbestos Register will retain archived details of all asbestos abatement records and will be retained electronically in central records with hard copies being kept at reception of all buildings next to the signing in book or at point of entry.

3.1.9 Prior to carrying out any works within Essex Police and Kent Police premises, an adequate asbestos survey will be undertaken to identify all asbestos containing materials. Any asbestos containing materials must be properly assessed and the appropriate control measures implemented. All findings will be clearly communicated to persons carrying out works. If any suspect materials are uncovered during an operation, work must cease immediately, the area sealed and a sample of the material taken for analysis. For the purposes of construction works the survey shall be consistent with the requirements for an Asbestos Management Survey or Refurbishment Demolition Survey as required.

3.1.10 Where contracts are placed to do work on asbestos containing materials, only contractors holding a current licence from the Health and Safety Executive will be employed. Essex Police and Kent Police will employ an independent asbestos consultant holding the appropriate UKAS accreditation to carry out any air monitoring that may be required.

3.1.11 Regular audits will be carried out by the asbestos co-ordinator to ensure that the requirements of this Asbestos Management policy procedure and abatement works are established, updated as necessary and maintained.

3.2 Asbestos management - responsibilities of management, the asbestos co-ordinator, employees and contractors

3.2.1 The Joint Head of Estate Services of Essex Police and Kent Police has overall responsibility for the health and safety for all sites.

3.2.2 The Joint Head of Estate Services of Essex Police and Kent Police is responsible for the safe management of asbestos containing materials in premises and responsible for the implementation of the asbestos management procedure.

3.3.3 The asbestos co-ordinator(s) are:

• responsible for the updating and implementation of the asbestos management procedure/SOP
• responsible for the continued management, identification and abatement of asbestos materials to meet with the requirements of the asbestos management procedure/SOP

3.3.3 They will be assisted in this by business managers and Facilities Services managers together with Essex Police and Kent Police’s external asbestos survey company and consultant:

• to initiate production of the Asbestos Register
• to maintain the Asbestos Register
• to identify training needs of employees who may require asbestos awareness or other relevant training
• to carry out risk assessments associated with exposure to asbestos in those areas which are the direct responsibility of Essex Police and Kent Police
• to co-ordinate asbestos activities under the Construction (Design and Management) Regulations 1994
• to assess the competence of all contractors working on premises where asbestos is likely to be disturbed
• to check the risk assessments and method statements of contractors involved with work that may present asbestos risks
• to monitor the work of contractors on-site when there is a risk of exposure to asbestos
• to manage the emergency arrangements in the case of uncontrolled release of asbestos fibres
• the asbestos removal/remediation works will specified by the asbestos co-ordinator in conjunction with the asbestos consultant
• to ensure compliance with the Control of Asbestos Regulations 2012, the Asbestos Licensing Regulations 1983 (as amended) and the Asbestos (Prohibition) Regulations 1992 (as amended)

3.3.4 All employees that are liable to disturb asbestos while carrying out their normal everyday work, or who may influence how work is carried out must have asbestos awareness training.

3.3.5 All employee and contractors are:

• to ensure that any works that may disturb or damage asbestos insulation or asbestos products are avoided
• to ensure that the asbestos co-ordinator is contacted and that the Essex Police and Kent Police asbestos management procedures are abided by when work cannot be completed without disturbing asbestos
• to report to their senior, building manager, departmental safety officer, supervisor or manager any material suspected to contain asbestos where the material has been disturbed or damaged, or where staff are likely to undertake work which may affect such material

3.4 Asbestos Register

3.4.1 An Asbestos Register should at least comply with the current CAR regulations and are detailed in HSG264 The Asbestos Surveyors Guide. They are a list of all ACM’s which have been identified as part of a management survey. Included on the register must be a risk assessments and priority assessments for each ACM.

3.4.2 The Asbestos Register will be maintained on site at reception or point of entry in PDF format or hard copy. The survey will contain information stipulated HSG 264 for surveys post January 2010, for asbestos containing materials in premises. Any contractor carrying out maintenance or construction works shall sign acknowledging receipt and understanding of the asbestos survey prior to commencing works.

3.4.3 Where an Asbestos Register is in place, for a particular building, it remains that a further refurbishment or demolition survey in HSG264) will be required prior to any demolition and/or major refurbishment.

3.4.4 The register will be provided to the contractors in the following methods: for day to day identification, management and emergency access for contractors, Asbestos Registers will be kept on each site at the point of signing in. These will be accompanied by a form to be signed by all contractors acknowledging reading and understanding of relevant report.

3.5 Actions to prevent exposure to, or release of, asbestos fibres to air

3.5.1 The actions to be taken to prevent exposure to or release of asbestos fibres to air may include a combination of the following:

• identification
• risk assessment
• labelling
• enclosure, encapsulation
• management
• training
• controlled and monitored abatement
• periodic re-inspection

3.5.2 Information on the presence or presumed location of asbestos materials will be given to employees and contractors by the asbestos co-ordinator.

3.5.3 Instructions on restriction in areas containing asbestos or presumed to contain asbestos will be given to those likely to come into contact with the same.

3.5.4 Appropriate training will be given to Essex Police and Kent Police employees who in the course of their work activity manage areas containing asbestos materials or may come into contact with asbestos.

3.5.5 The work in areas containing asbestos or presumed asbestos will be controlled via a permit to work system (permit 8 and guidance available from the Estates Services website).

3.6 Protocol for labelling of identified and presumed asbestos materials/areas

3.6.1 The protocol to be adopted for the labelling of identified and/or presumed asbestos materials/areas is:

• an appropriate asbestos warning label attached to asbestos containing products
• the enclosure and appropriate asbestos notice to asbestos containing areas
• the isolation of asbestos and/or presumed asbestos areas with appropriate notices

3.7 Procedure to prevent cross contamination or re-contamination of abated or clean areas

3.7.1 Access to, and disturbance within, those areas known or presumed to be contaminated by asbestos shall be controlled by a permit to work.

3.7.2 The permit shall only be issued on the basis of a Essex Police and Kent Police written scope of works and receipt of an accepted contractor's detailed method statement, plan of work and risk assessment which shall be subject to Essex Police and Kent Police approval prior to commencement.

3.7.3 All access and egress onto known or presumed areas containing asbestos shall include for personal hygiene and decontamination procedures.

3.8 Regular inspections of retained asbestos materials/areas to confirm condition (in repair) and retention of control measures e.g. warning notices

3.8.1 All retained asbestos materials in the premises demise will be inspected periodically as stated in the asbestos survey. The frequency of inspections will be determined by the priority assessments – but the minimum will be every 12 months. In the case where works have been undertaken adjacent to the retained asbestos material a further survey may be required subject to review by Essex Police and Kent Police.

3.8.2 These inspections shall be undertaken annually by nominated external consultant under the instruction of the asbestos co-ordinator, and more frequent inspections will be carried out by delegated specialist staff as per the local management plans. Inspections shall be recorded in writing and logged in the Asbestos Register.

3.8.3 Essex Police and Kent Police will request their tenants, in premises which are not under their direct control, to provide details of the results of any surveys or inspections carried out. All details received will be reviewed.

3.8.4 Essex Police and Kent Police will be responsible for informing their tenants of any work they propose to carry out to the premises associated with any asbestos abatement and to provide their tenants with copies of all appropriate records on completion of the works.

3.9 Procedures in the event of an emergency affecting asbestos or presumed asbestos material

Action if any person suspects presence of asbestos

3.9.1 If the person is an outside contractor or a member of the public, the discovery of a suspect asbestos bearing material shall be notified to the site management and passed to the asbestos co-ordinator.

3.9.2 If the person is an employee of Essex Police and Kent Police or external contractor, he/she must:

• stop work immediately
• note the location, vacate the area and restrict access
• inform their immediate supervisor
• the supervisor shall inform the asbestos co-ordinator as soon as practicable

3.9.3 On receiving notification of suspected asbestos, the asbestos co-ordinator must:

• as soon as possible inspect the area
• if he considers it necessary, arrange for a sample of the materials to be taken for analysis
• commission an air-test
• provide a written report of the results of the investigation
• give advice on any measures considered necessary to minimise the risk to health in the interim period

3.9.4 No person other than the asbestos co-ordinator or nominated consultant shall interfere with any suspect material and shall not do so without prior consultation with the same.

3.9.5 If the suspect material is, in the view of the asbestos co-ordinator or his/her representative, in very poor condition (i.e. extremely damaged) and is giving rise to airborne dust, then the area containing the material should be closed off by:

• closing all doors and windows in the immediate vicinity
• advising people not to enter the area or if they have to enter the area to spend the minimum time possible in that area. Protective clothing and respiratory protective equipment will be provided if necessary by specialist contractor
• a notice is to be fixed to each entrance to the area bearing the legend "NO UNAUTHORISED ENTRY CONTACT XXXX" in red on a white background and of prominent size and location
• if external cordon off the area with barrier tape
• where appropriate the HSE shall be notified in accordance with the requirements of RIDDOR and health and safety procedures required by Essex Police and Kent Police

Action If presence of asbestos is confirmed

3.9.6 The action taken will be based on the risk to health posed by the location and condition and costs involved in removing or encapsulating.

3.9.7 The possible courses of action are:

• leave alone and monitor condition on a regular basis - monthly intervals, or other such period agreed with asbestos co-ordinator
• leave the asbestos product in situ but seal it in an approved manner and inspect/monitor on a regular basis – (three- monthly intervals)
• remove asbestos product by a method approved by the asbestos co-ordinator for that particular product and replace with a non-asbestos-containing substitute
• the consideration on which a choice of options is to be based on the material assessment score added to the priority assessment. The score provides a risk assessment on which to base the action

3.9.8 These include:

• vulnerability - is it in an area where it is likely to be physically damaged from impact or constant abrasion?
• friability - is the material liable to crumble and release fibres
• condition - is the material in good condition? If so, is it likely to degrade in the future?
• accessibility - is the asbestos readily accessible? If it is not accessible, would removal cause more hazard from fibre release than encapsulation, sealing or leaving alone

3.10 Periodic review and update of asbestos management policy Asbestos Register and asbestos risk assessments

Surveying - type and purpose sampling - strategy and interpretation

3.10.1 There are two types of asbestos survey available:

1. management survey
       o visual with sampling (non-intrusive, non-destructive) (previously known as a type 2.) - provides data suitable for normal occupation and can be presumptive
2. pre-refurbishment/demolition survey
       o intrusive with sampling. (previously known as a type 3 survey) - Provides comprehensive authoritative data and is required prior to structural alterations or demolition

3.10.2 All planned further surveys of buildings structures and services will be a minimum management survey.

3.10.3 A management survey aims to ensure that:

• nobody is harmed by the continuing presence of ACM in the premises or equipment
• that the ACM remain in good condition
• that nobody disturbs it accidentally

3.10.4 The survey must locate ACM that could be damaged or disturbed by normal activities, by foreseeable maintenance, or by installing new equipment. It involves minor intrusion and minor asbestos disturbance to make a materials assessment. This shows the ability of ACM, if disturbed, to release fibres into the air. It guides the client, e.g. in prioritising any remedial work.

3.10.5 The refurbishment/demolition survey is required where the premises, or part of it, need upgrading, refurbishment or demolition. The survey does not need a record of the ACM condition. Normally, a surveyor is needed for refurbishment/demolition surveys.

3.10.6 A refurbishment/demolition survey aims to ensure that:

• nobody will be harmed by work on ACM in the premises or equipment
• such work will be done by the right contractor in the right way

3.10.7 The survey must locate and identify all ACM before any structural work begins at a stated location or on stated equipment at the premises. It involves destructive inspection and asbestos disturbance. The area surveyed must be vacated and certified 'fit for re-occupation' after the survey.

3.11 Specification for abatement work to meet with the requirements of future redevelopment

Specification and management

3.11.1 All works involving the disturbance of asbestos shall be carried by a specialist consultant or contractor who shall take into account all statutory and Essex Police and Kent Police requirements.

3.11.2 A plan of work, method statement, monitoring and clearance testing strategy must be agreed with the asbestos co-ordinator prior to implementation.

3.11.3 The management and monitoring of all works involving the disturbance of asbestos based materials shall be undertaken by the appointed asbestos consultant who will issue a detailed "description of works" which shall form part of the specification.

3.11.4 During "asbestos works" an approved monitoring strategy shall be implemented to monitor and ensure effectiveness of all control measures being employed on site. It is the policy of Essex Police and Kent Police to have the asbestos analyst either employed directly by Essex Police and Kent Police or through the asbestos licensed contractor. The analytical organisation must be accredited by UKAS to HSG 248. 

3.11.5 All areas subjected to disturbance of asbestos shall have clearance certification issued prior to returning same to normal usage. The clearance certification shall be provided to the asbestos co-ordinator who will issue a copy to the premises. The original copy will be kept on file for reference for 40 years.

3.12 Detailed working procedures to be developed

Asbestos removal contractors

3.12.1 Only specialist outside contractors must undertake all work on asbestos. The appointed contractor must hold a current licence from the Health and Safety Executive Asbestos Licensing Unit.

3.12.2 The majority of licences are issued for three years but all new applicants are issued with 12-month licences and are required to submit a suitable written plan of work to the enforcing authority for each contract. Companies which change their name are also required to take a 12-month licence and any existing licence they may hold will be cancelled. A few licences are still on issue for 30 months or three years but no further such licences will be issued.

3.12.3 All licences are required to give a minimum of 14 days’ notice of intention to work on or remove asbestos. Work may commence within the 14 day notice period at the discretion of the enforcing authority.

3.12.4 The HSE Licensing Scheme does not attempt to grade contractors by competence and there is no significance, in this respect, in the duration of licence held. HSE has found that competency depends more on local management of a contractor rather than the company itself. It is this reason that the asbestos co-ordinator must be satisfied that the written plan of works and risk assessment are adequate and also that essential precautions are being observed at all stages of the contract.

3.12.5 Contractors method statements or written plan of work must detail how and where the work will be carried out. The written plan of work must be retained after the work has been completed. In brief, the plan must include:

• the nature and probable duration of the work
• the location of where the work is to be carried out
• the methods of handling asbestos or asbestos materials
• details of the protection and decontamination equipment utilised by the contractor’s employees
• the methods and controls for the protection of staff and others near to the work site
• what segregation and signage will be utilised for the work area
• asbestos waste disposal

3.13 Legislation and controls for asbestos in relation to occupational health and safety and the environment

3.13.1 See Appendix A for information on the below relevant acts and regulations:

• Health and Safety at Work Act 1974
• The Management of Health & Safety At Work Regulations 1992 (As Amended 1999)
• Workplace, Health & Safety Welfare Regulations 1992
• Occupiers’ Liability Act 1957
• Environmental Protection Act
• The Control of Asbestos Regulations 2012

4.1. This SOP has been assessed with regard to its impact on equality. As a result of this assessment it has been graded as having a low potential impact.

5.1 Where asbestos materials have been identified or where abatement works are to be undertaken on-site, a risk assessment will be undertaken.

5.2 Where the risk assessment identifies probable or confirmed asbestos, the asbestos co-ordinator shall undertake a further specific risk assessment.

5.3 The procedure for the asbestos risk assessment shall include:

• the location
• the form of asbestos
• the type of asbestos
• the condition of the asbestos

5.4 From the asbestos risk assessments an action plan will be identified which:

• identifies the requirements for any site restrictions
• identifies the requirements for any further site investigations/sampling
• identifies the requirements for any abatement works

5.5 If an asbestos related incident occurs that is subsequently proved to have been caused by failure to follow this procedure/SOP, a prosecution may be made by the Health and Safety Executive of the individual that has not complied with this procedure/SOP.