Control of Asbestos at Work Regulations 2002

Transcription

1 If telephoning please ask for: Mrs. Wilson. Our ref: JSW/MW/LD1152 Your ref: 26th November, 2002 Direct Dial: TO: PROPERTY CONVENERS OF CHURCH OF SCOTLAND CONGREGATIONS Dear Property Convener, Control of Asbestos at Work Regulations 2002 I would wish to alert you to new regulations relating to asbestos which could have implications for your congregation. Existing Health and Safety legislation already places a general duty on the person controlling a building to ensure that the premises and any plant or substance in it are safe and present no risks to health to employees and any other party. This duty was broadened by regulations in 1999 which require employers to assess risks to health and then put appropriate preventative or protective measures in place. The new Control of Asbestos Regulations will put a positive obligation on employers and the party who controls a building to manage asbestos which may be present. Any asbestos discovered does not necessarily require to be removed but a management system must be in place to ensure that anyone using the premises is not put at risk as may happen if asbestos containing material is disturbed by say drilling or sawing into it. Asbestos which is disturbed or damaged can become a danger to health by releasing fibres into the air which can be breathed in. The Regulations will come into force towards the end of this year and there will then be an eighteen month period for dutyholders to put a management system in place. This will require:- Finding/

2 -2- Finding out if asbestos containing material ( ACM ) is present in premises by means of a professional survey which should be carried out by a UKAS accredited surveyor; Recording these findings; Assessing the risk by identifying the type of ACM present and its condition and vulnerability to damage/disturbance; Preparing a plan for dealing with ACM in poor condition which may require attention; Preparing a plan for managing the risk of ACM left in place including devising procedures to ensure the safety of anyone carrying out maintenance work in areas where ACMs are present; Monitoring the plan regularly to check its effectiveness and to keep it up to date. Breach of the Regulations will constitute a criminal offence. The General Trustees are currently discussing with the Health and Safety Executive the most effective means of assisting congregations to comply with the new Regulations. I would anticipate the issuing of further guidance within the next few months, possibly via Presbytery Property Conveners. I am also sending a copy of this letter to the Clerk of your Financial Board. Yours sincerely, Mrs Janette Wilson, Solicitor of the Church

3 If telephoning please ask for: Mrs. Wilson. Our ref: JSW/MW/LD1152 Your ref: 22nd April, 2003 Direct Dial: NB see also afternote at end of letter TO: CLERKS OF FINANCIAL BOARDS AND PRESBYTERY CLERKS Dear Clerk, Control of Asbestos at Work Regulations 2002 I refer to my letter of 26 November, 2002 in which I drew attention to new Regulations (which came into force on 21 November, 2002) relating to asbestos which could have implications for your Congregation. I also sent a copy of that letter to Fabric Conveners and you may wish to show this letter to your colleague. Essentially, the Regulations place a duty on occupiers of non-domestic buildings to manage the risk presented by asbestos to anyone who is liable to work on or disturb asbestos-containing materials ( ACMs ). The reason behind the legislation is the fact that increasing numbers of people every year telephone engineers, cabling installers, electricians, plumbers, joiners, architects, surveyors, etc. are dying from asbestos-related cancers and other illnesses because they have inadvertently come into contact with the material. The General Trustees have now met with a representative of the Health & Safety Executive as a result of which I am now in a position to up-date you on how matters stand and to provide further guidance on how you must implement the legislation: I enclose a copy of the booklet: A Short Guide to Managing Asbestos in Premises. This contains helpful information about where ACMs are likely to be found in your non-domestic buildings ie Churches and Halls and what you must do by way of investigating, assessing, recording and alerting anyone who will be working at the buildings about the risk of asbestos. You can obtain a further free copy of the booklet and other relevant information direct from HSE Books at the address shown. One of the main points to note is in relation to who carries out the survey or audit. In my previous letter, I indicated that this had to be undertaken by a UKAS accredited surveyor. However, HSE has made it clear that this is not yet a requirement (largely because there are not enough/

4 -2- enough accredited specialists to cope with the numbers of buildings involved) although this is the ultimate intention. Accordingly, the General Trustees would encourage your Board to undertake its own survey in the first instance. However, your Board is always free to instruct an accredited surveyor if it so chooses. If you are planning to carry out structural works to your buildings in the short to medium term, you may wish to discuss with your project architect the advisability of first carrying out a professional survey A simple walk-through survey and written report by an accredited specialist which will identify where ACMs are, or may be, present in accordance with the Regulations is likely to cost up to 1,500 **. A more detailed survey and the sampling and analysis of ACMs will cost extra. If your Congregation has a holding in the Consolidated Fabric Fund then such costs can be recovered as a valid fabric expense. The survey and preparation of the risk-management plan must be done by 21 May Of course, the survey and plan must be up-dated thereafter particularly if you carry out repairs or alterations to the buildings or if asbestos-containing material is removed. A copy of the survey and plan should be placed with the Congregation s Property Register. It is expected that Presbyteries, through the Care of Ecclesiastical Properties system, will ensure that Congregations are complying with the asbestos Regulations. Presbyteries may choose to incorporate asbestos surveys by accredited specialists as part of the quinquennial inspection process although it will be the responsibility of individual Congregations to prepare and keep up-to-date their risk-management plans. The General Trustees are considering the introduction of legislation at the May 2004 General Assembly to amend the Work At Buildings Regulations so that approval for work at Churches and Halls will not be given either by Presbyteries or the Trustees unless Congregations can show that they have complied with the asbestos legislation.*** Further guidance will be issued in due course. Yours faithfully, Note referred to:- Mrs Janette Wilson Solicitor of the Church HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA Tel: ; website: Afternote ** Some congregations have managed to have surveys carried out for a much lower cost (in some cases as low as 250 per building). The cost is likely to be dependent on supply and demand and as with most things it can pay to shop around.

5 *** The General Trustees following upon consideration of the position and given the discretion which the legislation does allow as to the precise steps to be taken in order to comply with the regulations, decided against promoting further Assembly legislation on the topic.