IOSH Presentation Control of Asbestos Regulations 2012 - Post Development of the Asbestos Industry
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IOSH Presentation
Control of As bes tos Regula tions 2012 - Pos t Development of the As bes tos
Indus try
Why are we here ?
● 5 yea rs ha ve pa s s ed s ince CAR 2012 ha s been relea s ed = HSE required to review of the
Effectivenes s of Regula tions
● UK s till ha s the highes t m orta lity ra te for Mes otheliom a rela ted illnes s in the World
● No. of Prohibition Notices increa s ing des pite clea rer Regula tions & ACOP’s
● Additiona l 50,000 + people over the next 99 yea rs will die of a s bes tos rela ted illnes s if we
rem oved the Regula tions & Code of Pra ctice
● £ Multi Billion incentive to m eet ‘m inim um requirements ’
Agenda
● Development of the Regulations, Approved Code of Practices and Guidance
- Asbestos
● HSE Post CAR 2012 Implementation Review
● Update on Health Effects - Mesothelioma
● Role of HSE
● Future Changes
● Beyond the Standards
● Duty Holders Role
● Campaigns
Asbestos Regulations The Asbestos (Licensing) Regulations 1983 (ASLIC), as amended, which require work with all the more hazardous asbestos-containing materials to be done by a contractor licensed by HSE The Asbestos (Prohibitions) Regulations 1992 (Prohibitions Regulations), as amended, which ban the importation, supply and use of raw asbestos and asbestos containing materials.& working with asbestos containing materials. 2002: Control of Asbestos at Work Regulations 2002 introduces regulation 4 where businesses are obliged to identify and manage asbestos in their properties. (2004 : Duty to Manage). 2006: Control of Asbestos Regulations 2006 introduced. This is an amalgamation of previous asbestos regulations. 2012 : Control of Asbestos Regulations 2012 introduced. An update of 2006 Regulations to align with EU directive
Regulation - Key Changes 2006 > 2012
2002 - 2006 - m a jor cha nges to a lign 3 s epa ra te regula tions into 1 s ingle regula tion.
http:/ / www.hs e.gov.uk/ cons ult/ condocs / cd205.pdf
CAWR 2006 > CAR 2012
● EU Directive - UK fa iled to fully im plem ent directive to ens ure workers a re protected from the
ris k of expos ure
● Term inology a m ended (‘non-fria ble’ a nd ‘without deteriora tion of non-degra ded’ m a teria ls
a dded)
● 3 Ca tegories of works - Licens ed, Notifia ble Non Licens ed a nd Non Licens ed
● Notifia ble Non Licens ed Works require workers to ha ve m edica ls every 3 yea rs
● Ma inta ining records for Non Licens ed work
Code of Practice 2006 - L127 (The management of asbestos in non-domestic premises) 2006 - L143 (Work with materials containing asbestos) 2013 : L143 (Second edition) Managing and working with asbestos . The ACOP has been revised to make legal compliance clearer to dutyholders and to reflect the changes introduced in The Control of Asbestos Regulations 2012
Code of Practice - Key Changes 2006 > 2012 ● Defining / Notifica tion of NNLW a nd Licens ed Works ● Clea rer guida nce for ma king, ma na ging a nd communica ting the ma na gement pla n ● Wha t Pla n of Work s hould include ● Expa ns ion on emergency procedures ● Preventing s prea d of a s bes tos ● Hea lth Surveilla nce a nd Records
Guidance Documents (Inspection & Testing) Inspection (Surveys) ● 2001 - MDHS 100 : Surveying, s a m pling a nd a s s es s m ent of a s bes tos -conta ining m a teria ls ● 2010 (2nd Edition 2012) - HSG 264 : As bes tos : The s urvey guide Testing (Air) ● 1988 - EH10, 1995 - MDHS39 & 1999 MDHS77 ● 2005 - HSG 248 : As bes tos : The a na lys ts ' guide for s a m pling, a na lys is a nd clea ra nce procedures
Guidance - Key Changes Inspection ● Rem ova l of Type 1/ 2/ 3 - Repla cem ent with Ma na gement a nd Refurbis hm ent / Dem olition ● Requirem ent for Qua lity Ma na gem ent Sys tem ● Em pha s is on com petency of the s urveyor ● Im proved Survey Pla nning ● Scope of Surveying types & Reporting ● Guida nce for Duty Holder AND Surveyor Testing ● ISO 17025 s ta nda rd by 2004 ● Im proved Ana lytica l Methods ● Enha nced Appendices
2017 - 5 Years on from CAR 2012 CAR2012 included a s ta tutory requirement to a s s es s their effectivenes s a fter they ha ve been opera tiona l of a period of tim e: the s o-ca lled ‘Pos t Im plem enta tion Review’ (PIR). The purpos e of the PIR wa s to eva lua te the regula tory fra m ework, ra ther tha n to exa m ine government policy on control of a s bes tos . Review ca rried out in form of focus groups , works hops a nd ques tionna ires from s ources whom a re dutyholders , thos e who ca rry out licens ed works , thos e who ca rry out notifia ble works a nd thos e who ca rry out non notifia ble works
PIR - CAR 2012 - What are the Benefits ?
● Reducing the ris ks of expos ure to as bes tos , and protecting both workers a nd the public
● Creating cons is tency and s etting clear s tandards regarding the controls tha t s hould be in
place when carrying out work with as bes tos
● Rais ing awarenes s and providing as s urance to em ployers and others tha t the neces s a ry
controls to prevent and/ or m inim is e any potential ris ks from expos ure to as bes tos are in
placePIR - CAR 2012 - Clarity
● Contra ctors carrying out Licens ed, Notifiable Works and Duty Holders believe the
Regulations were clear and in practice provided an effective m ethod of protecting the ris k
of expos ure.
● Contra ctors conducting Notifiable Non Licens ed Works believed the Regulations were not
clea r. Dis tinction between 3 Categories am biguous
● Uncertainty for thos e whom leas e, rent or own properties that are leas ed or rented. Who
has the res pons ibility ?PIR - CAR 2012 - Effectivenes s
● Prevalent view acros s the board that the Regulations were effective in protecting workers
and others from as bes tos ris ks provided that they are com plied with
● Finding that ins ufficient awarenes s and/ or unders tanding of the regula tions a m ong s elf-
em ployed contractors and s m all com panies
● ACOPs were beneficial to the Duty Holder
● Im provem ents required for NNLW, Managem ent Plans , Plans of Work & Medical
Exa m inationsPIR - CAR 2012 - Implementation ● Contra ctors ca rrying out Licens ed, Notifia ble Works a nd Duty Holders believe the Regula tions were ea s y to follow a nd pra ctica l to implement ● Concerns over NNLW ● Belief tha t different indus tries ha ve different wa ys of complying - which is bes t ?
PIR - CAR 2012 - Competence Duty Holders feedba ck on concerns over competence of s urveyors a nd licens ed contra ctors : Ques tions ra is ed over us e of : ● non UKAS a ccredited orga nis a tions ● HSE Licens e s cheme i.e how do HSE determine length of licens e, how rigorous a re the checks on the compa nies hea lth a nd s a fety records a nd s hould Licens es be expa nded a s compa nies ha ve va ria tion of competency.
NNLW OR NL ?
A0 - As bes tos Es s entials
Plan of Works Rem em ber POW does not need to be unneces s arily lengthy and com plicated docum ents are not required. The plan needs to guide em ployees in a practical way on the work in hand The plan of work s hould be s uitable for the s cale and type of work to be carried out
Management Plan
As with POW the Ma na gem ent Pla n does not need to be unneces s a rily lengthy.
● Pers on(s ) res pons ible for m a na ging a s bes tos ris k (includes vis itors / contra ctors )
● As bes tos Regis ter / Action Pla n / Schedule / Dra wings
● Com m unica tion of the Pla n (procedures for working within the building i.e ens uring works do
not ta ke pla ce in the building with the MP being cons ulted a nd unders tood)
● Contingency Pla ns / Em ergency Procedures
● Monitor / ReviewDuty Holder - Who has the res pons ibility ? The dutyholder is the owner of the non-dom es tic prem is es or the pers on or organis ation that has clear res pons ibility for the m aintenance or repair of non-dom es tic prem is es , for exam ple through an explicit agreem ent s uch as a tenancy agreem ent or contract. The extent of the duty will depend on the nature of that agreem ent. In a building occupied by one leas eholder, the agreem ent m ight be for either the owner or leas eholder to take on the full duty for the whole building; or it m ight be to s hare the duty. In a m ulti-occupied building, the agreem ent m ight be that the owner takes on the full duty for the whole building. Or it m ight be that the duty is s hared - for exam ple, the owner takes res pons ibility for the com m on parts while the leas eholders take res pons ibility for the parts they occupy. Som etim es , there m ight be an agreem ent to pas s the res pons ibilities to a m anaging agent. In s om e cas es , there m ay be no tenancy agreem ent or contract. Or, if there is , it m ay not s pecify who has res pons ibility for the m aintenance or repair of non-dom es tic prem is es . In thes e cas es , or where the prem is es are unoccupied, the duty is placed on whoever has control of the prem is es , or part of the prem is es . Often this will be the owner
PIR Summary
The Res ult of PIR :
“overall CAR 2012 has met its objectives and sets clear health and safety requirements to ensure the appropriate
control measures are in place to prevent exposure “ HSE
Areas identified for improvement :
● PLAN OF WORKS - http://wenlockhealthandsafety.co.uk/wp-content/uploads/2013/03/memo0412-Plan-of-
Work.pdf (HSE Memo 2012 - also refer to L143)
● DUTY HOLDER (Leased / Renting) http://www.hse.gov.uk/asbestos/duty.htm (HSE website - also refer to L143)
● MANAGEMENT PLAN - L143 - page 36/37
● MEDICAL EXAMINATION - Due to be changed -now remaining as 2 years.
● SME’S / SELF EMPLOYED (IOSH, Working Well Together, HSE App, Asbestos Essentials….)
● ASBESTOS WORK CATEGORIES http://www.hse.gov.uk/Asbestos/licensing/non-licensed-work.htmStatistics - Influence of Regulations
The m odel s ugges ts that
the fall in expos ures to
as bes tos between 1980
(which is approxim ately
when m eas ures to
control expos ures s tarted
to be introduced) and
2015 will lead to 25,700
fewer deaths from
m es otheliom a and lung
cancer in the 100 years
between 2001 and 2100.
£20.9 bn benefit to
s ociety.Statistics - Influence of Regulations
If we s topped
com plying with the
regulations es tim ated
between 2016 - 2115
there would be an
additional 50,500
deaths (40,800
m es otheliom a & 9,700
as bes tos related lung
cancer) Cos t to s ociety
of £1.3 m illion per fatal
cas e.Asbestos Burden - 21s t Century Mes otheliom a cas es 2500 likely to rem ain each year until pos t 2020 (initial peak es tim ate 2015) Mes otheliom a is eas ier to s tudy due to clos e relations hip with as bes tos though in 2014 nearly 1000 new cas es of as bes tos is and over 400 cas es of diffus e pleural thickening were as s es s ed and in addition there were s everal hundred cas es of pleural plaques identified. The latter is likely to be a s ubs tantial underes tim ate of the incidence of pleural plaques which, although us ually s ym ptom les s , are an indicator of pas t as bes tos expos ures Mes otheliom a m ortality is currently higher in Britain than in any other country. Striking contras t to France & US, France im ported far les s am os ite. Britain im ported ⅓ of South Africa’s m ined am os ite, 7 tim es m ore than US. Mes otheliom a s tudied s ince 1968 in UK.
2014 Mesothelioma Act April 2014 The Mes otheliom a Act - Victim s of the fatal as bes tos -induced cancer m es otheliom a who can’t trace a liable em ployer or an em ployers ’ liability ins urer are now able to apply for com pens ation packages worth an average of £141,000 plus £7,000 towards legal expens es Before Act claim s did not exceed £20,000 Governm ent added £380 m illion into Pot (Paid by levy from Insurance Industry) 2017 - £40 million in the pot Average 30 claims per month with increasing average age and living claimants
Mesothelioma By Occupation - Changing Tide ? Top 10 Occupations associated to Mesothelioma Cases (Male): 2002 - 2010 Construction Trades / Carpenters and joiners / Electrical Trades /Electricians, electrical fitters Plant And Machine Operatives/ Metal Machining, Fitting And Instrument Making Trades Transport Drivers And Operatives / Plumbers, heating and ventilating engineers / Building Trades/ Metal working production and maintenance fitters 2011 - 2015 Construction and Building Trades / Carpenters and joiners / Electrical and Electronic Trades / /Electricians and electrical fitters / Road Transport Drivers / Plumbers and heating and ventilating engineers /Plant and Machine Operatives / Construction and building trades n.e.c. / Metal Machining, Fitting and Instrument Making Trades / Building Finishing Trades
Mesothelioma By Occupation - Changing Tide ? Mes othelioma ca s es ha ve s tea dily increa s ed between 2002 a nd 2014 for fema les in : Professional Occupations; Administrative Roles, Caring Occupations, Teaching and Sales / Customer Service Roles
Advancements in Medicine - Is There a Cure
for Mes othelioma?
Adva ncements in Immunotherapy a nd Gene Thera py with res ults prolonging
pa tients lives beyond 12 months .
Mes o Wa rrior - Ma vis Na ye - Dia gnos ed 2009; 2017 in remis s ion
Is s ues - Rea s ona ble Cos t (Double Lung Tra ns pla nt £360k. Chem othera py £30k)
“This is not the death sentence it was 20 years ago. Long-term survival is possible. We now have the
road map, and others have traveled the path, I remain optimistic that we can, in the next decade, put
together the right combination of patient and treatment to affect a cure, which is our holy grail.”
– Dr. David Sugarbaker Thoracic SurgeonAdvancements in Medicine - Is There a Cure
for Mes othelioma?
2018
● a round half (50%) of people with m es otheliom a will live at leas t a yea r a fter dia gnos is
● a round one in every 10 people (10%) with m es otheliom a will live a t lea s t five yea rs a fter
diagnos is
● Patients options ; Chem otherapy, Radiotherapy, Surgery, Supportive care (palliative care)
or Clinical trials to im prove treatm ent.
● Im m unotherapy and Gene Therapy currently not available on NHSGround-breaking Cas e - Keytruda J uly 2017 - Aubrey Kennedy, who is currently living with m es otheliom a, was awarded the full cos t of the treatm ent, in a s ettlem ent agains t a num ber of em ployers . Doctors us ing the therapy als o s ay that the s ide effects are m uch les s s evere for patients than traditional chem otherapy. Mr Kennedy, who is 68, was initially treated with chem otherapy when he was diagnos ed with the dis eas e in J uly 2015. He s uffered s ide effects from this and it affected his kidneys . The tum our was initially s table but began to grow again in J uly 2016. He was therefore recom m ended for im m unotherapy but had to pay for the treatm ent privately becaus e it is not available on the NHS. The cos t to him was recovered as well as the cos t of treatm ent he m ight need in the future. Current s tatis tics on the treatm ent ; 76 per cent of patients derive clinic benefit from the treatm ent. More groundbreaking cas es s ince...Claim ants awarded Periodic Paym ent Order to allow Im m unotherapy Treatm ent
HSE Role - Pos t 2012
HSE gives ins pection priority to where:
● uncontrolled s tripping is planned;
● work is propos ed in hot environm ents ;
● the us e of power tools is planned.
HSE als o gives priority to ins pecting:
● new licence holders ;
● licens ees whos e licence expires within next 4-6 m onths and
they have not been ins pected in the previous 12 m onths ;
● licens ees who have been is s ued with a warning
HSE Cam paigns - Refurbis hm ent / Dem olition Sites / Farm sImprovement Notices 2007 - 2016
Pos t 2012 reduced
num ber in
Im provem ent
Notices . Further
im provem ent
required to com ply
with Regulations
es pecially Regulation
4 Duty to Manage
and Regulation 10
Inform ation,
Ins truction and
TrainingProhibition Notices 2007 - 2016
Increas e pos t 2012
Regulations . More
recently m os t com m on
notices agains t
regulation 11
(Identification of the
pres ence of as bes tos )
. Regulation 5
(Prevention or
reduction of expos ure
to
as bes tos ). Regulation
16 (Duty to prevent or
reduce the s pread of
as bes tos )HSE.GOV.UK 2017 Prosecutions
£300,000 Fine 13 employees expos ed to a s bes tos removing ga s kets (us e of power tools ) Informa tion on s ite ina dequa te (no s uita ble a s bes tos a s s es s ment) No a s bes tos a wa renes s tra ining SSE Horns ea Ltd of Invera lmond Hous e, 200 Dunkeld Roa d, Perth plea ded guilty to brea ching Sections 2 (1) a nd 3(1) of the Hea lth & Sa fety a t Work etc Act 1974. The compa ny wa s fined £300,000 a nd ordered to pa y cos ts of £1,731.
Fines - Pos t 2012 HSE believed that m any of the m axim um penalties available for health and s afety offences were too low. For offences com m itted between the 16th J anuary 2009 and before the 12th March 2015, the offence carries a m axim um fine on conviction in the m agis trates ' court of £20,000 or im pris onm ent for a term not exceeding 6 m onths or both. The m axim um penalty in the Crown Court is an unlim ited fine or im pris onm ent not exceeding two years or both. For offences com m itted on and after the 12th March 2015 the m axim um penalty in the m agis trates ’ court is an unlim ited fine or im pris onm ent for a term not exceeding 6 m onths or both. In the Crown Court, the m axim um penalty is an unlim ited fine or im pris onm ent not exceeding two years or both. On average 15 duty holders fined per year - average am ount £5,500. Crim inal Record
Asbestos Regulations - Future Changes
No revis ions s cheduled for Regula tions - CAR 2012 or Approved Codes of
Pra ctice - L143
● Ana lys t Guide (dela yed) due for Is s ue 2017 ; cha nges :
● 4SC - photogra phs , vis ua l tim e es tim a tes , expla na tion if tim e is s horter / longer, feedba ck on
num ber of fa iled s ta ges
● As bes tos in Soil - s urvey, s a m pling a nd a na lys is m ethods
● RPE us e a nd deconta m ina tion.
● Grea ter us e of pers ona l s a m pling
● Ca ution when us ing PCM a na lys is / res ults
● Dus t s a m pling guida nceBeyond the Standards SEM Technology (Sca nning Electron Micros copy) Us ed wider in the EU - les s in the UK (cos t, availability & lead tim e in res ults ) Why us e SEM ? ● As bes tos in a ir qua ntified a t lower levels ● Dis crim ina tion of As bes tos & Non As bes tos Fibres ● Releva nt da ta for Ris k As s es s m ent ● Occupa tiona l or As bes tos Expos ure
Duty Holders Role - Pos t 2012
● Procuring Licens ed Contra ctors ; check they’ve the com petence to execute the works , don’t rely
on the Licens e only
● Procuring Surveyors ; UKAS a ccredita tion does not gua ra ntee com petency , ISO 9001
certifica tion or 17020 a ccredita tion a ccepta ble to the HSE, check com petency of Surveyors
● Procuring Ana lys ts ; UKAS a ccredited 17025 only, check com petency of Ana lys ts
● Work in Progres s ; Ca rry out Site Audits
● Tra ining - Conduct Tra ining Needs Ana lys is
● Record Keeping ; num ber of cla im s ris ing ens ure a ll records a re s ecurely a rchived.
● PIR - enga ge with cons ulta nt
● PQQ > Tender (with s ocia l va lue) > Interview > Pilot Survey > Interview > Awa rdActive Campaigns
Conclusion
● Evidence tha t the Regula tions a nd Approved Codes of Pra ctice a re ha ving a nd will continue to
ha ve a pos itive im pa ct on s ociety.
● PIR Area s for Im provem ent - Further inform a tion is a va ila ble HSE webs ite & Cons ulta nts
● Cha llenges s till rem a in in enga ging with s ole tra ders a nd SME’s - Support where you ca n
● Due ca re a nd diligence when s electing contra ctors / pa cka ging worksThankyou
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