Schools Are Responsible for Managing the Removal of Asbestos in Circumstances Where They

Directorate for Children and Young People

Asbestos Management

Procedures Manual

Interim Guidance for:

Head Teachers, Other Nominated School Staff, School Governors, Link Officers, Project Managers and Teams and Premises Offices.

(Rev 5.0)

Approved by:Marilyn Hale

1

London Borough of Lambeth Grievance Policy - v1 April 2006

(i)

1.0Asbestos Management in Schools - The 6 Key Messages and Actions:

The following are the key messages and actions for those who have responsibility for health and safety matters in schools including the management of asbestos risks:

1.1 The Health and Safety Executive advises that asbestos materials in good condition should be left in place and managed.

1.2 Exposure to asbestos will occur if you or others disturb it.

1.3 Whilst the responsibility for most aspects of the maintenance of buildings have been delegated to schools under Fair Funding provisions, the LA has retained the responsibility for strategic management and / or remediation of asbestos materials, but the day to day visual monitoring of asbestos containing materials rests with each individual school.

1.4 Keeping your school safe (managing asbestos risks) means maintaining any asbestos materials in good condition and preventing disturbance of those materials (for example, by virtue of maintenance, IT or building work).

1.5 This Manual will provide you with the tools that you need and the Local Authority will provide you with the support that you will need in order to manage asbestos risks in your schools, but the actions set out below must be undertaken by you.

1.5.1 Make yourself familiar with the asbestos Register for your school. This will tell you where any known asbestos materials are located.

1.5.2 Make your staff aware of any asbestos materials that might be located within the areas where they work. Advise them that the materials must not be disturbed and to report immediately if any damage does occur.

1.5.3 Make yourself and your staff aware of Lewisham Schools Emergency Procedure (included at Appendix B of this Manual). This tells you what to do and how to keep everyone safe in the unlikely event of an unexpected asbestos situation arising.

1.5.4 If you (or any member of your staff) notice a material that you think might be asbestos that is not included in the Asbestos Register then contact the Local Authority Link Officer immediately. The Link Officer will follow the procedure at Section 6.1 below.

1.1

1.5.5 If you (or any member of your staff) notice a known asbestos material that you think might have been damaged or disturbed in any way then contact the Local Authority Link Officer immediately. The Link Officer will follow the procedure at Section 6.2 below.

1.5.6 Everyday maintenance activities (whether undertaken directly by the Premises Officer or commissioned by him or her or the Head Teacher) require an asbestos risk assessment to be carried out before the maintenance work is commenced. Section 6.3.1 sets out the procedure to be followed in every case and support and assistance will be provided by the Local Authority Link Officers who should be contacted (by telephone in the first instance) at the earliest opportunity.

1.5.7 Before any repair, refurbishment or demolition (including I.T. wiring) activities take place an asbestos risk assessment must be carried out. Section 6.3.2 sets out the procedure to be followed in every case and this will be facilitated by the Local Authority Link Officer who should be contacted (by telephone in the first instance) at the earliest opportunity.

1.6Remember:

1.6.1We all have a part to play in the management of asbestos risks in Schools. Your part will be fulfilled by following the 6 key messages and actions included in this section of the Manual and in this you will be fully supported by The London Borough of Lewisham Directorate for Children and Young People.

1.6.2 If you are in any way unsure or perhaps need help and support, then contact your Link Officer immediately on the numbers below:

 Lennox Hamilton:0208 3148634

(Senior Estates Manager)

 Mike Westcar:0208 3146206

 Annette Saguiez:0208 3146241

 Nicola Crawley:0208 3147762

 Katheryne Gatehouse:0208 3146750

1.2

2.0Executive Summary:

Pending the issue of the Local Authority’s full Asbestos Management Plan, these Interim Asbestos Management Procedures have been written and issued as a part of the Local Authority’s overall strategy for ensuring that the risks from asbestos materials within premises across the school estate are properly managed in accordance with current legislation and associated practical guidance.

Following recent internal and external compliance audits, it was immediately apparent that existing management procedures, as they were being implemented within individual schools, needed to be strengthened and formalised so that best practice could be achieved and consistently maintained in Lewisham. In order to deliver this, the Directorate for Children and Young People have taken immediate actions and are continuing to take action in order to manage asbestos containing materials as they exist within schools across the Borough.

Immediate actions taken to date have been:

• The prevention of work that may disturb the fabric of the buildings (Lewisham Letter dated 8th May 2008 and issued on 9th July 2008 to all Headteachers – See Appendix C);

• The instigation of initial inspections for damaged and disturbed materials across the estate (Lewisham Letter dated 16th July 2008 to all Headteachers – See Appendix D); and

• The issue of this Interim Guidance which sets out detailed procedures to be followed by all parties in respect of:

 Responding to reports of suspected asbestos materials in schools;

 Responding to reports that known asbestos materials have been (or may have been) damaged; and

 Planned repair, maintenance, refurbishment and demolition activities.

Going forward, the Local Authority is now developing its long-term strategy for ensuring that the risks from asbestos materials are managed and this is based on the model set out in Health and Safety Executive “A comprehensive guide to Managing Asbestos in premises”. As the Local Authority’s Asbestos Management Plan is developed, this document will be periodically updated and additional sections added and circulated to you for inclusion. In the meantime, the future activities as they are envisaged by the Local Authority at the present time are:

2.1

• The procurement, on a prioritised basis, of Type 2 Asbestos Building Surveys to be undertaken across the school estate;

• The completion of risk assessments on all identified asbestos materials; and

• The development of a long-term management plan which will supersede all previously issued interim guidance notes and include individual procedures for, for example:

 Maintaining asbestos materials in good condition;

 Controlling work on the fabric of school buildings;

 Training for employees, contractors and others; and

 Periodic (not exceeding twelve monthly) reviews of asbestos management practices and procedures.

2.2

Contents:

Section:DescriptionPage

1.0The 6 Key Messages and Actions1.1 – 1.2

2.0Executive Summary2.1 – 2.2

3.0Glossary of Terms3.1 – 3.3

4.0Legislative Framework4.1 – 4.2

5.0Background and Intended Future Action5.1 – 5.2

6.0Individual Asbestos Management

Procedures for Schools:6.1

6.1For responding to reports that Materials

suspected to contain asbestos have

been reported in a school.6.2 – 6.8

6.2 For responding to reports that known

or suspected asbestos materials

have been damaged.6.9 – 6.11

6.3 To be followed in respect of planned

repair, maintenance or refurbishment

works as follows:6.12

6.3.1Everyday maintenance activities

Undertaken directly by the

Premises Officer6.13 – 6.19

Commissioned by the

Premises Officer6.20 – 6.26

6.3.2 Special activities – Repair,

Refurbishment and Demolition6.27 – 6.33

Appendix A: Specification for Compliance and Air

Monitoring and Reporting Services

to be provided at Lewisham

Schools by Asbestos Consultants.A.1 – A.3

Appendix B: The Lewisham Schools Emergency

ProcedureB.1 – B.4

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Section:DescriptionPage

Appendix C: Letter to Headteachers

issued on 9th July 2008C.1 – C.2

Appendix D: Letter to Headteachers

dated 16th July 2008D.1

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3.0Glossary of Terms:

Abbreviations and roles and responsibilities described in this Procedures Manual are detailed below:

Term:Meaning of Term:

“Duty Holder”:The term “duty holder” means:

(As defined within the Control(a)every person who has, by virtue

of Asbestos Regulations 2006) of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom;

or

(b) in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom.

For day to day maintenance activities, the school (the Headteacher or their nominated representative) will assume the responsibility of the “duty holder”.

Link Officer:Member of Staff from Estates Management Unit who provides advice, guidance and support to schools on building and facilities management issues.

3.1

Term:Meaning of Term:

“Responsible Person”: The term “Responsible Person”

means:

(As defined within the Health The person with overall responsibility

and Safety at Work Act 1974)for health and safety. This is defined

as the employer, but who the employer is varies with the type of school i.e.:

• for community schools, voluntary controlled schools, pupil referral units and maintained nursery schools, the employer is usually the LA.

• for voluntary aided schools, foundation schools and independent schools, the employer is usually the governing body.

EMT:Executive Management Team of the Local Authority.

“Competent Person”:The term “Competent Person” means:

(As defined within the ControlAny reference in this document to

of Asbestos Regulations 2006)competence or competent persons is

a reference to a person or employee who has received adequate information, instruction and training for the task being undertaken and can demonstrate an adequate and up-to-date understanding of the work, required control measures and appropriate law. In addition they must have sufficient experience to apply this knowledge effectively.

3.2

Term:Meaning of Term:

Appointed Client Officer:Local Authority (Lewisham) Project Manager.

Asbestos Remediation:The removal or repair or the application of sealants to asbestos materials or the undertaking of environmental cleaning works in order to make an area safe.

3.3

4.0Legislative Framework:

There are many regulations that directly or indirectly place duties on employers and others in respect of asbestos materials. These include:

• The Health and Safety at Work etc Act 1974 – the duty to conduct work in such a way as not to expose employees to health and safety risks;

• Management of Heath and Safety at Work Regulations 1999 – the duty to make assessments;

• The Construction (Design and Management) Regulations 2007 – the duty to pass on information before any work begins;

• Defective Premises Act 1972 – the duty on Landlords to take reasonable care to see that tenants and others are safe from injury or disease from defects in the state of premises; and

• CAR (Control Asbestos Regulations) 2006. In particular, Regulation 4 – Duty to manage asbestos in non-domestic premises.

Regulation 4 supplements the provisions of the Health and Safety at Work etc Act 1974 and some of the duties imposed by other sets of regulations. It applies to every workplace in the United Kingdom. Council domestic properties will not normally be a place of work, but when a property becomes subject to maintenance or refurbishment, it will become a designated workplace and therefore subject to the CAR Regulations.

The duty to manage asbestos materials will rest with the person in control (the dutyholder) who is generally required to identify, assess and manage i.e.

 Take reasonable steps to find materials in premises likely to contain asbestos and to check their condition;

 Presume that materials contain asbestos unless there is strong evidence to suppose they do not;

 Make a written record of the location and condition of asbestos and presumed asbestos-containing materials (ACMs) and keep the record up to date;

 Prepare an assessment of the risk of the likelihood of anyone being exposed to these materials; and

 Plan to manage that risk and put it into effect.

4.1

• RIDDOR – the duty to report injuries, diseases and dangerous occurrences.

4.2

5.0Background and Intended Future Action:

5.1Background:

The Health & Safety at Work etc Act 1974 together with the specific supporting Regulations and associated Approved Codes of Practice, places overall responsibility for health & safety, including the management of asbestos, with the employer. Who the employer is varies with the type of school so that:

• for community schools, voluntary controlled schools, pupil referral units and maintained nursery schools, the employer is usually the LA; or

• for voluntary aided schools, foundation schools and independent schools the employer is usually the governing body.

In the case of Lewisham, the employer is represented by the Chief Executive together with the Executive Director’s. These persons are collectively described as the ‘Executive Management Team’ (EMT). EMT are collectively and individually responsible for ensuring that the requirements of the 1974 Act and its supporting regulations and ACoP’s are applied and implemented and to nominate one or more persons to act on their behalf to discharge their responsibilities.

In community, special, voluntary controlled, maintained nursery schools and pupil referral units LBL as the LA will be the employer and consequently will hold the role of the ‘responsible person’.

In other foundation and voluntary aided schools the employer is not LBL and consequently LBL would not be the ‘responsible person’. The governing body as employer will be the responsible person and will usually nominate an individual to be responsible. In most cases, this will be the Headteacher who will take responsibility on behalf of the governing body for all health and safety matters within the school premises, including the management of asbestos. The LA nevertheless retains the power to intervene where it considers safety is an issue and it is on this basis that the LA monitors statutory maintenance compliance (including the management of asbestos materials) in these schools.

Whilst the responsibility for most aspects of the maintenance of buildings have been delegated to schools under Fair Funding provisions, the LA has retained the responsibility for remediation of asbestos materials, but the day to day visual monitoring of asbestos containing materials rests with each individual school.

5.1

The LA also has obligations placed upon them by DCSF in relation to the monitoring of statutory maintenance compliance issues undertaken by community and VA schools. This monitoring is a legal requirement under current health and safety legislation and associated Codes of Practice upon the LA and its officers.

In response to its statutory obligations under The Health & Safety at Work etc Act 1974, the LA has developed this manual for implementation across the Borough. The asbestos management procedures and interim guidance set out within this manual are to be applied in respect of all Community Schools and it is recommended that Voluntary Aided Schools, Foundation Schools and Maintained Nursery Schools also adopt these procedures with immediate effect.

5.2 Future Action:

The LA carried out a complete programme of asbestos surveys in all schools in 1998 and a programme of reinspections up to 2004. Much has changed in the interim period so that these surveys and reinspections are no longer compliant and should be considered out of date and not reliable.

Following internal and external compliance audits and having taken steps to:

• Prevent work that may disturb the fabric of the buildings; and

• Instigate inspections for damaged and disturbed materials across the school estate.

The Local Authority is now taking steps to develop its strategy to ensure that the long-term risks from asbestos are managed.

The first step in that process is the issue of this Interim Guidance and following on from this, it is the intention of the Local Authority to:

• Procure (on a prioritised basis) Type 2 (sampling and analysis) Asbestos Building Surveys to be undertaken across the school estate;

• Carry out risk assessments on all identified asbestos materials; and

• Develop its long-term management plan which will include individual procedures for maintaining asbestos materials in good condition, controlling work on the fabric of school buildings, training for employees, contractors and others and for review.

5.2

6.0Individual Asbestos Management Procedures for Schools:

The role of the Link Officer within the individual asbestos management procedures set out in this document is to:

• Provide an initial response to the questions which are likely to be asked by, or on behalf of, individual Schools;

and

• Provide support and advice to stakeholders in order that they are able to understand and implement these procedures.

Where appropriate, the Link Officer will refer matters on to our specialist consultants and in order that they are able to undertake the above duties, the Link Officers will be given adequate information, instruction and training (P405).

In the immediate future, it is likely that requests and enquiries from schools will focus on one of three different questions. These will be either that:

• Materials suspected to contain asbestos have been reported in my school – how should I respond? or;

• Known or suspected asbestos materials have been reported as damaged in my school – how should I respond? or;

• Repair, maintenance or refurbishment works are planned at my school – what should I do?

Taking each of the questions in turn, the actions and management procedures are as follows:

6.1

6.1Materials suspected to contain asbestos have been reported in my school – how should I respond?

The Link Officers must ascertain if the material in question appears to be either: