Managing asbestos risks

With asbestos still an active and present problem, ARCA explains how to appoint an asbestos contractor.

Asbestos remains a significant health hazard in the United Kingdom, causing approximately 5,000 asbestos-related cancer deaths annually. Property owners and managers of buildings constructed before 2000 have a legal responsibility to manage asbestos risks and ensure the safety of both employees and non-employees.

When asbestos-containing materials (ACMs) require removal due to their condition or planned renovation or demolition work, clients must appoint competent contractors and oversee the project to ensure compliance with regulations.

Client responsibilities

Under the Construction (Design and Management) Regulations 2015 (CDM 2015), clients are responsible for managing construction projects and implementing appropriate measures to manage health and safety risks effectively. Whilst clients are not expected to have expertise in construction or asbestos work, they must ensure that suitable arrangements are in place for managing and organising projects during both the “pre-construction” and “construction” phases.

In the pre-construction phase, clients should gather information about the presence of asbestos in the building, including the type, location, and condition of ACMs. This information should be provided to potential contractors to help them assess the scope of work and develop a suitable plan for asbestos removal.

Clients should also set realistic timeframes for the project, considering the time needed for proper planning, asbestos removal, and re-occupation testing.

During the construction phase, clients must appoint competent individuals, such as the principal designer and principal contractor, and provide them with adequate information, time, and resources to carry out their tasks safely. Clients should also ensure that a Construction Phase Plan is in place, which outlines the health and safety arrangements for the project, including asbestos management.

Regular communication with the appointed contractors is crucial to monitor progress, address any issues that arise, and ensure that the work is being carried out in accordance with the agreed plan and legal requirements.

Appointing a competent contractor

When asbestos removal is necessary, clients must appoint a competent asbestos removal contractor.

To ensure competency, clients should first determine if the type of ACM requires a licensed contractor. The Health & Safety Executive (HSE) website provides a list of licensed contractors.

Clients should also enquire if the contractor undergoes independent audits, such as on-site verification inspections, to ensure compliance with requirements. Membership in a trade association, like the Asbestos Removal Contractors Association (ARCA), can provide an additional level of assurance.

When selecting a contractor, clients should request evidence of their competency, such as training records, qualifications, and experience in similar projects. They should also ask for references from previous clients and check if the contractor has a good track record of health and safety performance. Clients can also request copies of the contractor’s insurance policies to ensure they have adequate coverage for the work being undertaken.

It is important for clients to have a clear understanding of the contractor’s proposed approach to the work, including the methods they will use for asbestos removal, the measures they will take to control risks, and the arrangements for waste disposal.

Clients should also discuss the contractor’s plans for emergency situations, such as accidental asbestos release or equipment failure, to ensure that appropriate procedures are in place to minimise risks to workers and building occupants.

Asbestos removal work and plan of work

Once a contractor is appointed, the client must provide sufficient information, time, and resources to ensure the job is carried out properly. The contractor is responsible for developing a suitable Plan of Work (PoW) in accordance with Regulation 7 of the Control of Asbestos Regulations 2012 (CAR 2012). The PoW should be a practical and informative document outlining site details, asbestos locations, access points, waste routes, and a safe working method for site staff to follow.

The PoW should include a detailed description of the work to be carried out, including the type and location of ACMs to be removed, the removal methods to be used, and the measures to be taken to control risks. It should also specify the personal protective equipment (PPE) to be used by workers, the arrangements for decontamination, and the procedures for waste handling and disposal.

The contractor’s manager should collaborate with the client to develop the PoW, ensuring both parties are aware of site constraints and the presence of other trades on-site. This collaboration helps to identify potential conflicts or risks that may arise during the work and allows for the development of appropriate control measures.

Once the PoW is agreed upon, the contractor must notify the HSE of the planned work at least 14 days before commencement. The notification should include details of the work to be carried out, the location, the start and expected completion dates, and the name of the licensed contractor undertaking the work.

During the asbestos removal work, the contractor must follow the agreed PoW and ensure that all necessary control measures are in place to minimise risks to workers and others who may be affected by the work. The client should monitor the work to ensure that it is being carried out in accordance with the PoW and that any deviations or issues are promptly addressed.

ARCA’s Site Audit Accreditation Scheme (SAAS)

ARCA introduced the SAAS in 2000 to support members’ performance and uphold standards. Member contractors must undergo satisfactory site and office audits to join the association and maintain membership through regular audits. In January 2017, ARCA enhanced its audit scheme by conducting unannounced site audits using information provided by the HSE from licensed contractors’ “notification of asbestos work” forms. The number of required unannounced site audits per membership year has increased over time, with the current requirement being four audits per year as of January 2023.

Re-occupation testing

After licensed asbestos removal work, a four-stage re-occupation test is legally required under CAR 2012 before the affected area can be re-occupied. This test ensures that all proposed asbestos removal work has been carried out according to the pre-agreed PoW and that the area is clean, dry, and dust-free, as far as reasonably practicable.

The test can only be undertaken by a United Kingdom Accreditation Service (UKAS) accredited testing laboratory (ISO 17025) and typically takes a few hours to two-three days, depending on the complexity of the affected area.

The four-stage re-occupation test consists of: a preliminary check of site condition and job completeness; thorough visual inspection inside the enclosure; clearance air monitoring (air sample results must be <0.010 fibres/cm3); and a final assessment post-enclosure/work area dismantling.

Upon successful completion of the test, the analyst will issue a re-occupation certificate to both the licensed asbestos removal contractor and the end-client, along with photographic evidence supporting the final re-occupation certification.

Conclusion

Managing asbestos risks is a critical responsibility for property owners and managers. By appointing competent contractors, ensuring compliance with regulations, and following proper re-occupation testing procedures, clients can minimise health and safety hazards associated with asbestos removal. Collaboration and communication among all parties involved, including clients, contractors, and analysts, are essential for the successful execution of asbestos removal projects and the safe re-occupation of affected areas.