Asbestos at Work - TUC EducationThe Asbestos at Work short course materials have been prepared for TUC Education by Peter Kirby. In developing these materials Peter has drawn upon

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Asbestos at Work

A TUC SHORT COURSE: 2006-07

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Asbestos at Work – A TUC Short Course

Your name _______________________________________ Address ____________________________________________ ___________________________________________________ ___________________________________________________ Tel _____________ E-mail ______________ Union ________________ Workplace_____________

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Contents Page Publisher’s note and acknowledgements 4 Pre-course activity 5 Introductions 6 Aims 7 How the course will work 7 New asbestos laws 7 Programme 8 Record of achievement 10 Activity: Reviewing experience 11 Activity: What is asbestos and where is it found? 12 Activity: How asbestos enters the body and its consequences 13 Fact Sheet 1: Basic facts about asbestos 14 Activity: Asbestos Regulations 2006 - Duty to manage asbestos 20 Fact Sheet 2: Control of Asbestos Regulations 2006 23 Fact Sheet 3: HSE: 8 steps to asbestos risk management 27 Workplace Activity: Assessing prevention and control 29 Fact Sheet 4: TUC checklists – assessing management action 31 Activity: Sharing prevention and control measures 33 Activity: Control of Asbestos Regulations 2006 – other requirements3 5 Activity: Attitudes to asbestos 37 Activity: Asbestos risk assessments 38 Activity: Asbestos quiz 39 Workplace Activity: Asbestos policies 41 Activity: Policies for asbestos 42 Activity: Negotiating a policy 43 Activity: Trade union strategy 45 Fact Sheet 5: Action planning for asbestos 47 Fact Sheet 6: Further information 50 Activity: Learning opportunities 52 Activity: Course review and evaluation 53

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Publisher’s note 1. TUC Education has done its best to ensure that all legal references and extracts quoted in

these short course materials were accurate at the time of writing. However, health and safety law and practice are evolving all the time and participants should not rely on these materials as an authoritative statement or interpretation of health and safety law. If you are in any doubt about where you stand legally, seek the advice of your trade union, the Health and Safety Executive or a qualified legal professional.

2. Throughout these course materials there are many references to useful web pages.

Although all links were checked for accuracy some may expire over the life of this edition. In such instances participants may be able to find the information they need by going to the root website and navigating from there.

Acknowledgements The Asbestos at Work short course materials have been prepared for TUC Education by Peter Kirby. In developing these materials Peter has drawn upon a wide range of TUC health and safety material and the use of asbestos resources from the Hazards and HSE websites.

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Pre-course activity We want to ensure that the TUC Asbestos at Work course you will be attending is useful for you and your members. Please try and take some time before the course to make a note of:

• your members' awareness, and main concerns about asbestos at work • any successes you or your union has had in dealing with asbestos at work • problems your union has had in dealing with asbestos at work • employer/management action on implementing the Control of Asbestos

Regulations 2006

Also try to bring along the following documents: • information about any asbestos that your members work with, or come into contact

with • management policies, plans, risk assessments on asbestos at work • any information you have had from your union on asbestos at work

Don't worry if you cannot get hold of all the information, you will still benefit from this course.

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Activity Introductions Aims This activity will help us to:

• get to know more about each other • share our first thoughts about the course • practise interviewing, listening and note-taking skills

Task Work with another person on the course (preferably someone

you don’t know). Use the checklist below to find out some information about them.

Name Union and their position(s) in the union Workplace and the job they do How many members they represent Other union courses they have done Any concerns about asbestos at work Initial thoughts on what they want to get out of the course

and how the course should be run Report back You will be asked to introduce your partner to the rest of the

course

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How the course will work Those of you who have attended TUC courses before know that they aim to be practical and to help you develop your knowledge, confidence and skills. The TUC Asbestos at Work short course follows the same principles which include: • Learning by doing - you learn far more by doing something yourself • Collective work - work in small groups with regular reporting back • Action at work - close links between you and your members • Work on real problems – hazards, experiences and problems faced by members of the

course • Activities - specific tasks that you and other course participants undertake during the

course • Course file - a record of your work on the course. This is useful for a future reference point

back at your workplace, and accreditation purposes

Course aims You will have an opportunity to comment on the course aims and sample programme which is reproduced below. They are based upon the TUC’s assessment of the needs of health and safety representatives. Your tutor will also draw your attention to the learning outcomes and assessment criteria for the course (Asbestos) that has been accredited by the National Open College Network. The course should help trade union health and safety representatives to: • know the health hazards associated with asbestos • understand the minimum legal requirements concerning asbestos • understand appropriate prevention, control and action measures for asbestos

New asbestos laws The Control of Asbestos Regulations 2006 came into force on 13 November 2006. According to the HSE, the revised regulations aim to strengthen overall worker protection by reducing exposure limits and introducing mandatory training for work with asbestos. They will also repeal and replace with a single set of regulations - The Control of Asbestos at Work Regulations 2002, The Asbestos (Licensing) Regulations 1983 (as amended), and The Asbestos (Prohibitions) Regulations 1992 (Prohibitions Regulations), (as amended). They will also simplify the regulatory regime and implement revisions to the EU Asbestos Worker Protection Directive. The TUC is still concerned that many employers have not implemented the earlier duty to manage asbestos that came into force on 21 May 2004. It is hoped that these new Regulations will provide a stimulus for all employers to meet their responsibilities. The new Regulations will also provide safety representatives with an opportunity to raise the question of the management of asbestos again with their employer.

Different experience of safety reps on this course Some safety reps attending this short course may have a lot of experience of tackling asbestos hazards from their workplace, trade union, and health and safety courses. Some

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other safety reps attending this short course may have less experience and have come on the course to understand and apply the basic principles. Whatever our experiences, it is important that we work together so that everybody can get the most out of the course, apply it in the workplace and gain NOCN credits for their learning. The TUC has produced activities and resources in this short course pack that can be used in entirety or selectively to suit your needs. In addition, your tutor may introduce new activities to suit your needs.

Course programme The course can be organised in a variety of ways. For example, it can be run as a three day course on a day release basis using the example programme below. Example: 3 day Asbestos short course with workplace activities PRE-COURSE ACTIVITY DAY AM PM ACTION

1 • Introductions, aims, agenda setting & how the course will work

• Reviewing experience • What is asbestos and where is

it found?

• How asbestos enters the body and consequences

• Control of Asbestos Regulations 2006 – duty to manage

• Preparation for Workplace Activity

Workplace activity – • Assessing

prevention and control measures for asbestos

2 • Assessment of prevention and control measures

• Control of Asbestos Regulations 2006 – other requirements

• Asbestos risk assessments • Attitudes to asbestos • Asbestos quiz • Preparation for Workplace

Activity

Workplace activity – • Asbestos policies

3 • Policies for asbestos • Negotiating a policy

• Trade union strategy, action planning and steps that need to be taken

• Learning opportunities • Course evaluation • Accreditation

• Report back to members, unions & employer

• Action in the workplace

• Further training

Course guidelines Equal opportunities are an integral feature of any TUC course. It is important that we identify rules for the course that incorporate equal opportunities principles. Your tutor will ensure that course guidelines are set collectively by the course participants.

Jargon list During the course you might come across terms that you are unfamiliar with. It is useful to keep a jargon list so that people can check what words, phrases and abbreviations mean or what they stand for. If anyone (including the tutor) uses a word, phrase or abbreviation you are not familiar with then say so. The word, phrase or abbreviation and the meaning can then be written on the jargon list.

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Your tutor’s role Some of the things your tutor will be doing are: • helping to organise the work, by suggesting tasks and ways of working • organising resources, including basic information, internet access where possible,

publications, and photocopying facilities, to help the course work • giving advice and support • leading some discussions and summarising key points • giving guidance on the preparation of work for accreditation

Record of achievement If you have previously attended a TUC Course, you will be familiar with accreditation of your learning by the National Open College Network. If you have not, your tutor will explain the basic principles. An Achievement Record for the TUC Asbestos at Work short course is provided below. Your course file will normally contain the evidence of your learning.

Action at work As the course is a practical one, there will be a number of matters that arise where you will need to take some action at work and in your union. It is useful to keep a record of what needs to be done, and when you need to do it.

Progression As a trained and experienced safety rep you will be skilled and valued by your members. Good employers will appreciate a safety rep who knows what they are doing and can represent members effectively. But your training and development needs won’t stop at the end of this short course. And so as a part of your action planning at the end of the course, you will have the opportunity to think about what you need to do after the course has finished. Your tutor will give you details of other TUC core and short courses.

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NAME _________________________________________ UNIT TITLE Risk Assessment (3 credits) LEARNING OUTCOMES

The learner should be able to

LEVEL 2 The learner has achieved the outcome because s/he can

LEVEL 3 The learner has achieved the outcome because s/he can

EVIDENCE LOCATION

1. Know the health hazards associated with asbestos

1.1 Identify the types of asbestos 1.2 Explain how asbestos enters the body and its possible consequences

1.1 Identify the types of asbestos and likely locations 1.2 Assess how asbestos enters the body and its likely consequences

2. Understand the minimum legal requirements concerning asbestos

2.1 Identify the main legal duties concerning the duty to manage asbestos in non domestic premises

2.1 Analyse the main legal duties concerning the duty to manage asbestos in non domestic premises

3. Understand appropriate prevention, control and action measures for asbestos

3.1 Identify prevention and control measures for reducing health risks associated with asbestos-containing materials 3.2 Produce an action plan for tackling an asbestos hazard

3.1 Assess prevention and control measures for reducing health risks associated with asbestos-containing materials 3.2 Develop a detailed plan for tacking an asbestos hazard, which includes aims, actions, arguments and timescale

KEY: WS=Work Sheet TO/PO=Tutor/Peer Observation SS=Summary Sheet P=Plan O=Other NB You do not need to write in more than 2 occasions in the Evidence column e.g. first piece of evidence, best piece of evidence Level achieved __________________________________ Date_____________________________ Signed: Tutor____________________________________ Learner___________________________ OCN CODES L2 AJ3/2/QQ/044 L3 AJ3/3/QQ/040

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Activity Reviewing experience Aims To help us to:

• share experiences • identify concerns • find out what’s happening in different workplaces

Task In your group prepare a short report on:

1. Members’ awareness and main concerns about asbestos at work

2. Any successes and problems you’ve had in dealing with asbestos at work

3. Management action under the new Control of Asbestos Regulations 2006

4. Information you have about asbestos Report back Elect a member of your group to report back to the rest of the

course Resources Pre-course activity

Your experience Documents from your trade union or management

Assessment criteria – Asbestos Level 2: 1.1 Level 3: 1.1

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Activity What is asbestos and where is it found? Aims To help us to:

• identify the different types of asbestos • identify the likely locations of asbestos

Task In your small group, using your own knowledge, information

that you gathered from the pre-course activity, and Fact Sheet 1 below:

1. Identify the different types of asbestos 2. Identify the likely locations of asbestos. (If you have access

to the internet on your course, the HSE interactive asbestos building at www.hse.gov.uk/asbestos/essentials/building.htm will help you with this task)

Report back Elect a spokesperson to report back Resources Pre-course Activity

Fact Sheet 1 HSE interactive asbestos building at www.hse.gov.uk/asbestos/essentials/building.htm Select different locations using the drop-down menu


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Activity How asbestos enters the body and the consequences

Aims To help us to:

• assess how asbestos enters the body • assess the likely consequences of asbestos exposure

Task In your small group, using your own knowledge, information

that you gathered from the pre-course activity, and Fact Sheet 1 below:

1. Assess how asbestos enters the body 2. Assess the likely consequences of exposure to asbestos

Report back Elect a spokesperson to report back Resources Pre-course Activity

Fact Sheet 1 HSE resources at www.hse.gov.uk/asbestos/


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Fact Sheet 1 Basic facts about asbestos What is asbestos? Asbestos is the term used for a number of naturally occurring minerals that have crystallised to form long thin fibres and fibre bundles. The wide use of asbestos has been due to its high-tensile strength, chemical, electrical and heat-resistance properties. These same properties have made asbestos extremely useful as a building and insulation material. Asbestos is currently found in thousands of products used for many different applications. The most common form of asbestos is the serpentine group, which includes chrysotile (white asbestos) and has been the most frequently mined. A second asbestos group known as the amphiboles includes crocidolite (blue asbestos) and amosite (brown asbestos). However, they cannot be identified just by their colour. Laboratory analysis is required. The syndromes caused by asbestos are directly related to the unique fibrous structure of this material. In fact, asbestos can fragment into increasingly smaller fibres, down to about 0.02 microns in size. This means that some 50,000 fibres would have to be placed end to end to obtain a 1 millimetre particle. If these fibres penetrate the human system (where they tend to lodge in the lungs), they have a devastating effect, especially since they are practically indestructible. What diseases can asbestos cause? Among the many disorders caused by asbestos, the most common are: • Asbestosis – a scarring of the lung tissue. Asbestosis is defined as lung fibrosis caused by

the inhalation of asbestos fibres • Lung cancer – a malignant tumour of the bronchi covering • Mesothelioma – a cancer of the pleura (the membrane surrounding the lungs) and the

peritoneum (which lines the abdominal cavity). Mesothelioma is a formerly rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body's internal organs

• Diffuse pleural thickening – a non-malignant disease in which the lining of the lung (pleura) becomes scarred. Small areas of scarring are called pleural plaques. The pleura is a two-layered membrane which surrounds the lungs and lines the inside of the rib cage. Some asbestos fibres inhaled into lungs work their way out to the pleura and may cause fibrosis or scarring to develop there

Current evidence suggests that asbestos can also cause laryngeal cancer and may be implicated in causing phayngeal, stomach and colorectal cancers.

The importation, supply and use of all asbestos throughout Britain is prohibited, but there is still a huge legacy of the fatal fibre in workplaces across the country. The TUC estimates that around 5,000 people die every year from asbestos-related diseases. Annual numbers of deaths are predicted to go on rising into the next decade. By 2015, it is estimated that asbestos will be responsible for at least 10,000 deaths a year. In this country alone, it is estimated that more people die from asbestos-related disease each year than are killed on the roads.

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Furthermore, the problem is a global one. According to the International Labour Organisation at its conference in June 2006, asbestos kills 100,000 people every year. Is one type of asbestos more dangerous than another? The asbestos industry often asserts that one kind of asbestos is less harmful than another, but no type of asbestos exposure is free of risk. Even brief exposure or limited contact with the mineral can be hazardous. It is possible that low-level exposures may lead to asbestos-related diseases, although increased exposure increases the risk. Asbestos cannot be used ‘safely’ – exposure to even minute amounts of blue, brown or white asbestos can be deadly. There is no safe level of asbestos. Useful web pages The HSE has an asbestos web page www.hse.gov.uk/statistics/causdis/asbfaq.htm which covers many of the questions and answers below in more detail. How does asbestos get into the body? Asbestos is a risk if asbestos fibres are released into the air and breathed in. Although the body will get rid of most of the larger fibres that can enter the nose and mouth, tiny fibres can pass into the lower parts of the lung. They can stay there for years and in some cases work their way through the lung lining. Therefore, most asbestos materials will pose a risk if they are disturbed in a way that allows the fibres to be released into the atmosphere. Inhalation of asbestos fibres can lead to serious diseases. What has asbestos been used for? A lot of asbestos went into buildings or ships as pipe and boiler lagging (blue, brown and white), fire insulation panels (usually brown) and asbestos cement sheets (white). But there have been hundreds of other asbestos products and processes including: • Insulation – sprayed onto structures; fire blankets, gloves, pads; string, tape, paper;

insulation board • Friction materials – clutches; disc brake pads; brake linings • Reinforced products – asbestos cement slabs, sheeting, pipes; floor tiles; composite

board; roofing felt; underseals, paints and mastics; gaskets, washers, valve-packing Where is asbestos found in buildings? Many thousands of tonnes of asbestos were used in buildings in the past. Much of this asbestos is still there and you cannot easily identify it from its appearance. Its most common uses were: • sprayed (‘limpet’) asbestos on structural beams and girders • loose asbestos packing between floors and partition walls • lagging on pipework and boilers, calorifiers, heat exchangers, etc. • asbestos-insulating board ceiling tiles, partition walls, service duct covers, fire breaks,

heater cupboards, door panels, lift shaft linings, fire surrounds, soffits, etc.

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• asbestos cement products, such as roof and wall cladding, bath panels, boiler and incinerator flues, fire surrounds, gutters, rainwater pipes, water tanks, etc.

• other products such as floor tiles, mastics, sealants, decorative coatings, rope seals and gaskets (for example, in pipework), millboard, paper products, cloth (such as fire blankets) and bitumous products (roofing, felt, etc.)

Useful web pages The HSE has produced an interactive asbestos building at www.hse.gov.uk/asbestos/essentials/building.htm This shows many of the common locations for asbestos in buildings. Who is at risk? Asbestos poses a risk when fibres are released into the air. Many of those people dying now were exposed to asbestos in the 1950s, 1960s and 1970s when asbestos-containing materials (ACMs) were widely manufactured and installed. Analyses of mesothelioma deaths indicate that many deaths are due to asbestos exposures in industries like shipbuilding and railway engineering in the past. Research has shown that the largest group of workers with asbestos-related diseases were those in construction and the building maintenance trades, such as carpenters, joiners, shopfitters, plumbers, electricians, gas service engineers, cable layers, etc. They were exposed to asbestos fibres in their day-to-day work with asbestos materials or because work with asbestos was carried out near them. These workers will continue to be at risk if they continue to disturb asbestos unknowingly or without adequate controls. In addition, if current control measures are not adhered to, asbestos removal workers are at high risk. Many buildings, including buildings in the public sector, still contain large quantities of asbestos. So: • electricians, plumbers, building maintenance workers, fitters and carpenters may still be

at risk when they carry out refurbishment, repairs or maintenance work on buildings which may contain asbestos

• other workers, not normally associated with the building trade, may also routinely disturb asbestos. For example, computer installers, particularly cabling installers, fire alarm installers, window blind fitters, and telecommunication engineers

• workers and members of the public may be at risk if they are in a building where asbestos is present and is damaged or disturbed

ACMs can be disturbed: • during any direct action on them, for example, drilling, boring, cutting, breaking, smashing,

etc. • during their removal • during the demolition of buildings containing them • through minimal but repeated damage, for example, an unprotected asbestos insulating-

board panel on the back of a door which is accidentally knocked or scraped • when damaged asbestos, for example, pipe insulation or sprayed asbestos on

beams/columns, is subject to vibration and/or air currents • if they are accessible and are likely to be damaged/disturbed in normal use

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• by vandalism • during any other action that causes ACMs to be disturbed, for example by maintenance of

heating systems or air conditioning Union warning on classroom killer Unions in the north of England have warned that teachers are contracting fatal asbestos cancers by putting children's work up on walls using drawing pins. Eight school staff in Northumberland, Gateshead, North Tyneside, Sunderland and County Durham are seeking compensation from education authorities after getting asbestos-related cancers. A number of claims have been settled already. Teaching unions fear the long latency period before the development of asbestos cancers means many more teachers will be affected in coming years. Regional secretary of the National Union of Teachers (NUT) Elaine Kay said: 'Every school should have an asbestos plan which says where it is and what's been done to seal it and render it safe. Everybody in the school should have information so teachers don't go sticking pins in it. It's when that information falls short that it becomes a serious risk, which is unacceptable because teachers stick pins in the wall all the time, as do children.' North East national executive member for the teaching union NASUWT, Mick Lyons, said: 'Most of our schools are held together by asbestos because they were built in the 1960s when there wasn't the knowledge of what it can do.' He added: 'I know of people drilling through walls to put in a telephone cable and disturbing asbestos. A school in Durham put in a whiteboard but forgot to mention that the ceiling panels were made of asbestos. Nowadays, most local authorities know where it is and schools have asbestos plans, but we're looking at a timebomb from the sixties, seventies and eighties when it wasn't so well known.' Official figures obtained by local paper The Journal revealed over 90 per cent of schools in the region contain some form of asbestos.

TUC Risks 274: 16 September 2006

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Handwashing led to asbestos cancer A retired nurse died from the asbestos cancer mesothelioma after being exposed to fibres while handwashing her partner's work overalls. An inquest held at Northampton General Hospital heard that Myrtle Octavia Gordon, who died on 21 February, inhaled the deadly fibres while cleaning the clothes of her partner, who worked in a Northamptonshire factory for 25 years, or from a short spell working in a car parts factory in Birmingham. Her family said they were convinced the 74-year-old contracted the disease at home. Her son Trevor said: 'It seems to be the most likely cause. We've investigated all the other avenues, but washing the clothes by hand was something my mother remembers vividly.' Her daughter Denise said: 'If you think about when she must have contracted the disease, people didn't know about the dangers of it. To be honest, I'm not sure if there's enough awareness now.' Anne Pember, coroner for Northamptonshire, ruled Ms Gordon died from an industrial disease. She said: 'This is a horrendous disease, sadly from which there is no cure.' The annual report of the government's Chief Medical Officer this year said that the availability of workplace laundry facilities at Plymouth's Devonport dockyards was the likely explanation of the relatively low levels of mesothelioma in women in the area, compared to other shipbuilding areas where work clothing was washed at home. TUC Risks 272: 2nd September 2006 National and international action Whilst the importation, supply, and use of all asbestos throughout Britain is prohibited, asbestos products are still being produced and sold in other parts of the world. Trade unions continue to campaign against its continued use. Asbestos trade renews its scare tactics The growing pressure for a global asbestos ban is spurring a renewed public relations push by the industry in a desperate attempt to rehabilitate the deadly fibre. In Indonesia, asbestos cement producers are claiming a ban will be bad for the economy. 'The European Union has banned the use of chrysotile (white asbestos), and we're afraid that there will be pressure from Europe to ban the use of this material here too,' said PT Siam-Indo Concrete Products vice president Chandra Alifen. He was speaking to reporters at a workshop on chrysotile in Jakarta. Indonesia imports 70,000 tons of chrysotile annually, mainly from Brazil, Canada and Russia. Chandra said that according to a recent industry-sponsored study, chrysotile posed no risks to health. 'The latest scientific study shows that chrysotile asbestos is safe,' he said, adding that the process of manufacturing it was also free of risk. Sjahrul M Nasri, a health and safety specialist at the University of Indonesia's Public Health Department, agreed. His evidence, however, came from a study by the Chrysotile Institute (CI), the Canada-based global asbestos industry's main marketing arm. At the same time in Zimbabwe, John Jere, managing director of asbestos firm Turnall Holdings, told a parliamentary committee that a proposed ban in South Africa would see Zimbabwe losing billions of Zimbabwean dollars in exports. An article in the December 2005 edition of the African Newsletter on Occupational Health and Safety has been criticised by occupational health experts who say the content and references suggest the 'article appears to have been written by the Quebec Asbestos Mining Association (AMA), the Asbestos Industry Association (AIA), or some other representative of the chrysotile industry.' Exposure figures cited in the article were provided by the companies and almost all of the references cited are from asbestos industry organisations. TUC Risks 247: 11th March 2006

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Global dirty tricks campaign

Asbestos producer nations have blocked the addition of chrysotile (white) asbestos to the UN list of highly dangerous substances that cannot be exported to developing countries without their knowledge and agreement. The blocking manoeuvre on "prior informed consent" (PIC) listing of chrysotile at the Rotterdam convention meeting in Geneva on 18 September 2004 was spearheaded by the Canadian and Russian governments.

Hazards Magazine website at www.hazards.org/asbestos/sellingdeath.htm In June 2006, the International Labour Conference adopted a Resolution concerning exposure to asbestos which causes some 100,000 deaths worldwide per year. The Resolution declares that the elimination of the future use of asbestos and the identification and proper management of asbestos currently in place are the most effective means to protect workers from asbestos exposure and to prevent future asbestos-related diseases and deaths. The Director of ILO’s Safework Programme said ILO will intensify its support to the existing campaigns related to asbestos and, in particular, on the elimination of the future use of asbestos, and asbestos - containing materials.

Action: Mesothelioma Day 27 February

Unions and asbestos disease organisations are backing a national Action Mesothelioma Day

on 27 February. The day aims to highlight the issue of mesothelioma - or meso - an asbestos

cancer which already kills almost 2,000 people each year in the UK, or about one every five

hours. The British Lung Foundation, which is coordinating the action day, wants organisations

and individuals to sign up to an 'Action Mesothelioma Charter'.

TUC Risks 245: 25th February 2006

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Activity Duty to manage asbestos Aims To help us to:

• identify the legal requirements relating to asbestos • analyse the main legal duties concerning to the duty to

manage asbestos Task In your small group:

1. Look at the duty to manage asbestos requirements in Regulation 4 of the Control of Asbestos Regulations 2006. Analyse the key legal requirements using some of the resources that are listed below

2. Use the worksheet overleaf to Identify references to the law and what it says about the duty to manage asbestos

Report back Use the worksheet below to record your findings. Elect a

spokesperson who will be asked to explain some of the key points

Resources Pre-course activity

Fact Sheet 2 and Fact Sheet 3 below HSE: at www.hse.gov.uk/asbestos/ OPSI: The Control of Asbestos Regulations 2006 at www.opsi.gov.uk/si/si2006/20062739.htm Other resources from your Trades Union Studies Centre/Tutor


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Worksheet: Regulation 4 – duty to manage asbestos Regulation 4 Main requirements

Regulation 4(1)

Who are “Dutyholders”?

Regulation

4(2) Co-operation

Regulation

4(3) Assessment

Regulations

4(4) and 4(5) Factors in

making the assessment

Regulation

4(6) Review of the assessment

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Worksheet: Regulation 4 – duty to manage asbestos Regulation 4 Main requirements

Regulation

4(7) Recording the assessment

Regulation

4(8) Duties where

asbestos is, or is liable to be

present

Regulation

4(9) Measures to

be specified in the asbestos

plan

Regulation

4(10) Action to be taken by the dutyholder in relation to the asbestos plan

Regulation

4(11) Definitions

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Fact Sheet 2 The Control of Asbestos Regulations 2006 Introduction to the main changes The Control of Asbestos Regulations 2006 came into force on 13th November 2006. The new regulations strengthen overall worker protection by reducing exposure limits and introducing mandatory training for work with asbestos. They also simplify the regulatory regime and implement revisions to the EU Asbestos Worker Protection Directive. The new regulations introduce the following changes: • single control limit of 0.1 fibres per cubic centimetre of air for work with all types of

asbestos • specific mandatory training requirements for anyone liable to be exposed to asbestos • requirement to analyse the concentration of asbestos in the air with measurements in

accordance with the 1997 World Health Organisation recommended method • practical guidelines for the determination of “sporadic and low intensity exposure” as

required by the EU Directive and • replace three existing sets of Asbestos Regulations with a single set of regulations The

Control of Asbestos at Work Regulations 2002, The Asbestos (Licensing) Regulations 1983, as amended and The Asbestos (Prohibitions) Regulations 1992 (Prohibitions Regulations), as amended

Under the new Regulations, most work with textured decorative coatings containing asbestos (TCs) will be removed from the licensing regime (despite TUC objections to this). According to HSE, research shows the levels of asbestos fibres released during work with TCs are much lower than previously thought and lower than the proposed new control limit when carried out using good practice. However, all work with asbestos containing materials, including TCs, must be undertaken by trained workers following a risk assessment and in accordance with appropriate controls to prevent exposure to asbestos fibres. Main requirements Generally, the Control of Asbestos at Work Regulations 2006 cover work with asbestos where a licence is required; where a licence is not required; an explicit duty to manage asbestos in non-domestic premises (Regulation 4 – see below); and prohibitions. The Control of Asbestos at Work Regulations 2006 require employers to: • identify the type of asbestos (Regulation 5) • undertake risk assessments before commencing work which exposes, or is liable to

expose, employees to asbestos (Regulation 6) • produce a plan of work detailing how the work is to be carried out (Regulation 7) • prevent exposure to asbestos, or reduce it to the lowest level reasonably practicable and

ensure that the number of employees exposed is low (Regulation 11) A range of other legislative requirements is also included, for example: • licensing of work with asbestos (Regulation 8) • notification of work with asbestos (Regulation 9)

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• information, instruction and training (Regulation 10) • use and maintenance of control measures (Regulations 12 & 13) • provision and cleaning of protective clothing (Regulation 14) • arrangements to deal with accidents; incidents and emergencies (Regulation 15) • preventing or reducing the spread of asbestos (Regulation 16) • cleanliness of premises and plant (Regulation 17) • designated areas (Regulation 18) • air monitoring (Regulation 19) • standards for air testing (Regulation 20) • standards for analysis (Regulation 21) • health records and medical surveillance (Regulation 22) • washing and changing facilities; storage, distribution and labelling of raw asbestos and

asbestos waste (Regulations 23 & 24) • prohibitions on the importation, supply and use (Regulations 25 -30) The TUC is concerned that dutyholders are not complying with their duties to manage asbestos, which originally came into force in 2004. So, for the purposes of this short course, we are concentrating upon the duty to manage asbestos in non-domestic premises. If your employer is involved in a more specific way in working with asbestos (for example, a maintenance contractor), you can view the new requirements in the Regulations and get HSE advice by looking at the web pages below.

Useful web pages • HSE: at www.hse.gov.uk/asbestos/ • OPSI: The Control of Asbestos Regulations 2006 at

www.opsi.gov.uk/si/si2006/20062739.htm The important and very detailed requirements for licensed and non-licensed work are beyond the scope of this Fact Sheet. More details of what work is licensable, what training is necessary and how to undertake work with asbestos containing materials can be found in the Approved Code of Practice Work with Materials containing Asbestos, L143, ISBN 0 7176 6206 3, (published on 13 November 2006).

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Regulation 4: Duty to manage asbestos in non-domestic premises The main aim of Regulation 4 is to help protect the largest group who are today at risk of exposure to asbestos – building and maintenance workers – thereby helping to prevent thousands of asbestos-related deaths. Regulation 4 (1) The duties rest with the “dutyholder” which means: • every person who has by virtue of a contract or tenancy, an obligation in relation to the

maintenance or repair of non-domestic premises or means of access or egress • where there is no contract or tenancy, the person who has control Regulation 4 (2) Other people have a duty to co-operate with the dutyholder to enable the dutyholder to comply with her/his duties under this regulation. Regulation 4(3) to Regulation 4(11) There are numerous requirements for the dutyholder regarding finding asbestos and assessing its condition. In order to enable the dutyholder to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises. In making the assessment: • reasonable steps need to be taken • the condition of any asbestos needs to be considered • account should be taken of building plans or other relevant information and of the age of

the premises, and • an inspection is made of those parts of the premises which are reasonably accessible The dutyholder must review the assessment if: • there is reason to suspect that the assessment is no longer valid, or • there has been a significant change in the premises to which the assessment relates The dutyholder must ensure that the conclusions of the assessment and every review are recorded. Where the assessment shows that asbestos is or is liable to be present in any part of the premises s/he must ensure that: • the risk from that asbestos is determined • a written plan identifying those parts of the premises concerned is prepared, and • the measures which are to be taken for managing the risk are specified in the written plan The measures to be specified in the plan for managing the risk must include adequate measures for:

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• monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos

• ensuring any asbestos or any such substance is properly maintained or where necessary safely removed, and

• ensuring that information about the location and condition of any asbestos or any such substance is provided to every person liable to disturb it, and made available to the emergency services

The dutyholder also has to ensure that: • the plan is reviewed and revised at regular intervals, and straight away if there is reason

to suspect that the plan is no longer valid, or there has been a significant change in the premises to which the plan relates

• the measures specified in the plan are implemented, and • the measures taken to implement the plan are recorded

TUC standards for asbestos The TUC campaigned for a legal obligation to be placed upon employers to manage asbestos, but is still concerned that many employers have not implemented the new duty to manage asbestos that came into force in May 2004. Furthermore, the HSE does not have sufficient resources to ensure that employers comply. The TUC will continue to campaign for full implementation of the law by employers and for adequate resources for enforcing bodies. The TUC considers that employers should be implementing the new law on the basis of the following principles:

being completely open about asbestos, labelling it as appropriate safety representatives should be fully involved at every stage before any substance is worked on, ensuring that it does not contain asbestos – if there is

any doubt, it should be assumed to contain asbestos no asbestos should be worked on or removed without stringent controls, including the

use of licensed contractors where necessary if the survey has revealed the presence of ACMs, safety representatives should be

discussing with their employer whether a planned removal programme needs to be established. The programme would set out where, how and when ACM removal could take place

planned removal may be needed where the ACM is likely to be damaged because of regular activity in that area or it is known that access will be needed for maintenance or similar purposes and/or extensive ACM has been found, and its continuation in a good condition across the whole cannot be guaranteed

the development of a planned removal programme cannot be used as an excuse for not dealing immediately with damaged ACM

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Fact Sheet 3 HSE: eight steps to asbestos risk management As part of the asbestos campaign in October 2006, the HSE produced a very useful leaflet Managing risk from asbestos: a basic guide to dutyholders’ legal responsibilities, which is available online at www.hse.gov.uk/asbestos/campaign/checklist.pdf An extract from the leaflet itemising the Eight Steps is reproduced below. This provides a good summary for safety representatives to check whether their employer is complying with the law. Step 1: Are you responsible for maintenance and repair activities for non-domestic buildings, either through a contract or tenancy agreement, or because you own the building? Yes No You are a duty holder and have a responsibility to manage asbestos. Go to Step 2

The person who is in charge should know where asbestos is. Ask them to show you a record.

Step 2: Was the building built before 2000? Yes No Assume asbestos is present. Go to Step 3

Asbestos unlikely to be present. No action.

Step 3: Do you have any information on asbestos in your building already? This may be previous asbestos surveys, building or insurance reports. Use this as a starting point. Go to Step 4 Step 4: Walk around your building Identify all materials that may contain asbestos, for example, insulating board, ceiling tiles and insulation on pipe work. You can presume that asbestos is present, but before any work starts samples should be checked for asbestos. If you don’t check, full asbestos safety precautions will still have to be used to do the work. • If the materials are showing signs of damage Go to Step 5 • If the materials are in good condition Go to Step 6

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Step 5: Act on damage • Draw up a priority action list considering extent of damage and proximity of

workers likely to disturb material • Repair or remove material with damage – a licensed contractor may be required –

check the HSE website or call HSE Infoline before starting • Record what you find and the action you take Go to Step 6

Step 6: Keep a written record This needs to be easy to read and easily available. Record where the asbestos containing material is and its condition. Also record roles and responsibilities with regard to managing asbestos. This record could be a plan or diagram of the building, a written list or computer based record. Go to Step 7

Step 7: Tell people where asbestos is Consider who works on or near asbestos (maintenance workers/contractors) and tell them where the asbestos is before they start work. Anyone working on asbestos should be trained and use safe working methods. Remember, some work requires a licence. Go to Step 8

Step 8: Keep your records up to date Even after your action list is completed you need to continue to manage risks, this includes regularly checking materials to make sure they haven’t deteriorated. Action must be taken if deterioration has occurred. Walk around your building at least once a year and update your plan as needed.

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Workplace Activity Assessing prevention and control Aims To help us to:

• obtain information from management • develop a managing asbestos checklist • assess prevention and control measures

Task The course will be divided into small groups to prepare for your

workplace activity before the next session of your course.

1. Use the ‘Eight steps to asbestos risk management checklist’ in Fact Sheet 3 above and the TUC checklist in Fact Sheet 4 below

2. Prepare a list of questions for your workplace that will enable you to assess the prevention and control measures for reducing health risks from asbestos in your workplace

3. Identify:

• when you will find out the answers to your questions • any steps you need to take to ensure that your

questions are answered in time for the next session of the course

• any problems you envisage and how you will overcome them

Report back Elect a member of your group to report back to the rest of the

course

Resources Fact Sheets 3 and 4 Assessment criteria – Asbestos Level 2: 3.1 Level 3: 3.1

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Workplace Activity Assessing prevention and control Preparation Your tutor will give you time to think about your workplace activity How will you do it? When will you do it? What do you need to do to prepare? Are there any potential problems that you envisage? What can you do to overcome the problems?

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Fact Sheet 4 TUC checklists – assessing management action Checklist: Safety rep involvement A safety representative should:

request to be involved in the asbestos survey If it has been done already:

get a copy of the survey check the competency of the person doing the survey check the survey is accurate discuss the survey and the precaution arrangements with the employer and members be satisfied with the employer’s plans for dealing with asbestos hazards and keeping the

plans under review if you work for a contractor, make sure your employer knows about the regulations and

takes all precautions before work commences Checklist: Duty to manage The TUC checklist below urges union safety representatives to ask their employer five key questions, and suggests the sort of answers that show employers are doing the right thing. If an employer (or other dutyholder) fails to answer any of the questions satisfactorily, the employer might not be doing enough to manage asbestos safely. 1. Have you checked whether asbestos is present in your buildings?

a survey/inspection has been planned for ……....... (date) a survey/inspection has been done to find materials that might have asbestos in them an expert has checked and confirmed whether or not the materials have asbestos in

them, or it has been assumed that unknown materials contain asbestos

2. Have you got a record or drawing which clearly shows where in your buildings the asbestos is and what condition it is in?

a record or drawing showing where it is and what it looks like has been done a register has been drawn up listing all the asbestos materials and their condition, or this will be done when the survey/inspection is finished

3. How are you managing the asbestos in your buildings?

the badly damaged asbestos has been removed, or sealed to stop fibres being released the undamaged asbestos has been labelled/colour coded a nominated person controls maintenance work building and maintenance workers are told where the asbestos is before they start any

work, or the asbestos is regularly checked every year to make sure it has not deteriorated or been

damaged 4. How are you warning people who might work on or damage the asbestos in your buildings?

workers are told where the asbestos is and whether the asbestos is damaged or undamaged

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workers are given a plan with this information on workers are told the building may contain asbestos and they should treat the material as

if it does, or workers have been/will be given awareness training so that they do not disturb/damage

the asbestos and know what to do if they find damaged material 5. How are you checking that your management systems that are meant to prevent exposure to asbestos actually work and continue to do so?

the arrangements to control the risk are periodically reviewed as a matter of course spot checks are done to make sure the building/maintenance worker is getting the right

information and working safely, or

any changes in the use of the building or the condition of the asbestos are dealt with

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Activity Sharing prevention and control experiences Aims To help us to:

• share experiences from our workplaces • assess prevention and control measures

Task In your small group, give a short report on the results of your

workplace activity. Then, use the results to assess your employers’ prevention and control measures to reduce asbestos health risks. You may find the worksheet on the next page useful to structure your report.

Report back Elect a member of your group to report back to the rest of the

course Resources Assessing prevention and control Workplace Activity

Information from your union and workplace Worksheet on the next page


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Worksheet Assessing prevention and control measures

Current situation

Strengths and weaknesses

Proposals to improve the situation

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Activity Asbestos Regulations 2006 – other requirements Aims To help us to:

• analyse other requirements relating to asbestos Task

1. Look at the list below of the other main Regulations • identify the type of asbestos (Regulation 5) • undertake risk assessments before commencing work which exposes, or is liable to

expose, employees to asbestos (Regulation 6) • produce a plan of work detailing how the work is to be carried out (Regulation 7) • licensing of work with asbestos (Regulation 8) • notification of work with asbestos (Regulation 9) • information, instruction and training (Regulation 10) • use and maintenance of control measures (Regulations 12 & 13) • provision and cleaning of protective clothing (Regulation 14) • arrangements to deal with accidents; incidents and emergencies (Regulation 15) • preventing or reducing the spread of asbestos (Regulation 16) • cleanliness of premises and plant (Regulation 17) • designated areas (Regulation 18) • air monitoring (Regulation 19) • standards for air testing (Regulation 20) • standards for analysis (Regulation 21) • health records and medical surveillance (Regulation 22) • washing and changing facilities; storage, distribution and labelling of raw asbestos and

asbestos waste (Regulations 23 & 24)

2. We will divide up the Regulations between small groups. Analyse the key legal requirements under the Regulations that your group has been allocated, using a copy of the Regulations from The Control of Asbestos Regulations 2006 at www.opsi.gov.uk/si/si2006/20062739.htm

Report back Use the worksheet below to record your findings. Photocopy it

for all the other participants. Elect a spokesperson who will be asked to explain some of the key points

Resources OPSI: The Control of Asbestos Regulations 2006 at

www.opsi.gov.uk/si/si2006/20062739.htm Other resources from your Trades Union Studies Centre/Tutor


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Worksheet Asbestos Regulations 2006 Title of the Regulation

Main requirements

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Activity Attitudes to asbestos Aims To help us to:

• discuss different attitudes to asbestos • develop a trade union approach to asbestos

Task In your small group, discuss the statements below, say whether

you agree or disagree and list the arguments for and against.

1 “Asbestos used to be a problem, but now the importation of it is banned, safety reps have got more important hazards to worry about.”

2 “Employers should take extra care when blue asbestos is identified in a workplace as this is much more dangerous than white or brown asbestos.”

3 “It’s up to safety reps to make sure that employers safeguard workers from asbestos in buildings. We can’t rely on employers to do it themselves and the HSE does not have enough inspectors to enforce the new laws.”

4 “White asbestos (chrysotile) is now banned in much of the industrialised world, but it is still widely used in the construction industry in poor countries. Those governments and employers producing asbestos are determined to protect their export markets at all costs. They are now expanding their markets in developing countries by misinformation and deception about the dreadful health consequences of asbestos."

5 “Trade unions and safety reps in Britain should be campaigning for a complete international ban on asbestos. We need to make sure that workers in other countries do not suffer from asbestos related diseases in the way that we have here.”

Report back Elect a spokesperson to report back Resources Fact Sheet 1

TUC asbestos web pages at www.tuc.org.uk/asbestos Hazards asbestos web pages at www.hazards.org/asbestos/index.htm

Assessment criteria – Asbestos Level 2: 1.1; 1.2 Level 3: 1.1; 1.2

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Activity Asbestos risk assessments Aims To help us to:

• practise contributing to an asbestos risk assessment • think about remedial steps that can be taken

Task Your employer has established that there are undamaged

asbestos insulating boards in the workplace that could possibly be damaged in the future by trolleys that have recently been introduced in the workplace. Your employer intends to enclose (rather than remove) the asbestos insulating boards to prevent potential impact damage. She/he now approaches the trade union safety representatives to ask for their views on the risk assessment for the operation.

Working in pairs: 1. Look at HSE advice on this operation at

www.hse.gov.uk/pubns/guidance/a8.pdf 2. Prepare a list of key points that you would make to your

employer 3. Pass on your points to another pair who will read through

them and compare it with their own approach. At the same time, you should do the same with their key points and compare them with your own approach. Make notes on your activity summary sheet.

Report back Prepare a brief report covering your key points and any

problems you envisage with an operation of this nature. Resources Resources in the trade union studies centre

HSE advice Enclosing undamaged asbestos materials at www.hse.gov.uk/pubns/guidance/a8.pdf


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Activity Asbestos quiz Aims To help us to:

• use some of the terms associated with asbestos • decide which statements about asbestos are correct • recap on some of the main points so far from the TUC

asbestos course Task You will be divided into pairs. In your pair, look at the multiple-

choice quiz and the words/statements relating to asbestos. Use the notes that you have made during the course and other resources. Tick one box per question that you think is the most appropriate.

Report back When you have finished, the whole group will discuss their

answers together. You can count up your scores for a bit of fun! Resources Your course notes and other course resources Assessment criteria – Asbestos All assessment criteria

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Multiple choice quiz Tick one box per question 1. Carcinogen is another word for

a cancer causing substance a mixture of a number of toxic substances a doctor who conducts health surveillance at work

2. The duty to manage asbestos in non-domestic premises has been a legal duty since 2006 2004 1983

3. The dutyholder under the Control of Asbestos Regulations 2006 is always the employer the person with a contract, tenancy or control of non-domestic premises the HSE inspector who enforces the law

4. The International Labour Organisation estimates that across the world 5,000 a year die from asbestos exposure 1 million a year die from asbestos exposure 100,000 a year die from asbestos exposure

5. The new control limit for asbestos in the atmosphere is 0.1 fibres per cubic centimetre depends on the type of asbestos is decided upon by the employer’s risk assessment

6. Asbestos can cause byssinosis bad rashes when spraying it asbestosis, lung cancer, mesothelioma and diffuse pleural thickening

7. Under the Control of Asbestos Regulations 2006 textured decorative coatings have been removed from the licensing regime licences are required to import asbestos into Britain licences are required to export asbestos to any other country

8. Asbestos is no longer a problem because it cannot be imported the greatest single cause of work related deaths in the UK not being mined any more

9. Mesothelioma Action Day is on 1st May 28th April 27th February

10. The International Labour Organisation is pursuing a global ban on asbestos because it is causing a global epidemic of disease and death the asbestos industry agrees that it is dangerous there is unfair competition by the largest suppliers - Canada and Russia

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Workplace Activity Asbestos policies Aims To help us to:

• find information for the next session of the course Task In case you did not have an opportunity to do the Pre-Course

Activity, speak to an appropriate manager. Ask for:

• a copy of the employers safety policy • management policies, plans, procedures or agreements on

asbestos Assessment criteria – Asbestos Level 2: 3.1; 3.2 Level 3: 3.1; 3.2

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Activity Policies for asbestos Aims To help us to:

• review policies on asbestos • agree what should be covered in a policy

Task In your small group:

1. Look at any health and safety policies that have been brought in from your workplaces and the policies contained in the case studies on the HSE website at www.hse.gov.uk/asbestos/enforcement.htm#casestudies

2. Analyse the content of the policies 3. Create a checklist that identifies the key points that should

appear in a policy about asbestos. Report back Elect a spokesperson to report back to the rest of the group Resources Policies from your workplaces

Pre-course and workplace activities HSE case studies at www.hse.gov.uk/asbestos/enforcement.htm#casestudies


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Activity Negotiating a policy to deal with asbestos Aims To help us to:

• negotiate policies that deal with asbestos • practise presentation and negotiation skills

Task The course will be divided into a number of management and

union sides. Each negotiating team should appoint an observer to report back on the outcome of the negotiations.

The trade union side has requested a meeting to discuss the development of a policy for asbestos in light of the new Control of Asbestos Regulations 2006. They are seeking to ensure that management adopt a more effective policy for their workplace with the involvement of safety reps clearly built in.

1. Each side should prepare a negotiating plan 2. Conduct a role play safety committee meeting to try and

reach an agreement 3. The observer will report back summarising the outcome of

the meeting and the arguments and techniques used Report back Observers from each small group will report back with the main

points from the negotiation that they watched. Resources Negotiating plan below

Policy checklist developed in the previous activity Assessment criteria – Asbestos Level 2: 3.2 Level 3: 3.2

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Worksheet Outline negotiating plan Main Facts Your Aims Fallback

Main Arguments Management/Opposing Arguments Your Response

Opening Position Other Factors

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Activity Trade union strategy Aims To help us to:

• decide what to do next • implement plans for improvement

Task In your small group:

1. Decide upon your action plan in relation to asbestos in your workplace based upon what we have done on this short course

2. Use the Worksheet below to:

• Identify what needs to be done in relation to asbestos in the workplace

• Devise a trade union action plan to make sure that the changes are made

Report back Elect a spokesperson to report back to the rest of the course Resources Previous activities

Workplace activity Fact Sheets 5 & 6 below


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Worksheet Action planning on asbestos Action you need to take in relation to:

Aims Action needed and your main arguments Timescales

Employer

Members

Other union representatives

Other

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Fact Sheet 5 Action planning for asbestos Now that you have established what should be happening in relation to asbestos, you must work out what you want to achieve. This will depend on: • the problem • what you have found out • short and long term aims • members’ support and union negotiating strength • management’s attitude to asbestos

So, you need to think in advance about what the minimum is that you will accept. Safety representatives Safety representatives should check that their employer is implementing the Control of Asbestos Regulations 2006, and involving safety representatives fully in implementing the requirements to manage asbestos (see above). As well as extensive rights under the SRSC Regulations 1977, the role of safety representatives is mentioned in many key HSE guidance documents on asbestos. The TUC has produced a detailed factsheet for safety reps at www.tuc.org.uk/h_and_s/tuc-8120-f0.cfm Keep the workforce informed and involved Workers are often very concerned if asbestos is found where they work, or if they think they are working with or near asbestos. Safety representatives can: • give them the facts about asbestos • discuss whether management plans for dealing with the issue are adequate, and whether

the asbestos survey is accurate • provide an opportunity for workers to express/register their concerns – by holding

meetings, conducting surveys and using body mapping and risk mapping techniques • inspect the workplace regularly, and • encourage workers to report to management and safety representatives if asbestos is

found to have been disturbed Safety representatives should report their concerns and those of their members to management in writing. Health and safety policy and asbestos Safety representatives can ensure that the employer’s procedures for asbestos form an integral part of the overall health and safety policy. An effective policy should:

be jointly developed and agreed with unions have commitment from highest management ensure that adequate resources are committed to solving problems ensure that risk assessors are trained and competent to carry out the task ensure that safety representatives and workers are consulted in carrying out risk

assessments and review provide for regular review contain agreed arrangements for joint monitoring and review

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Risk management Safety representatives should urge their employer to implement fully the Control of Asbestos Regulations 2006, including the management of asbestos in non-domestic premises. Ensure that the employer: • checks if materials containing asbestos are present • checks what condition the material is in • presumes that the material contains asbestos unless there is strong evidence that it does

not • arranges for material to be sampled and identified by a specialist, where maintenance or

refurbishment is planned, or the material is in poor condition • records the location and condition of the material on a plan, drawing or photograph • assesses if the condition or location means that the material is likely to be disturbed • prepares and implements a plan to manage the risks

Action plans Safety representatives will want employer’s action plans to cover such things as: • identification and recording of where asbestos is present (labelling where possible) • monitoring asbestos for deterioration (including air sampling where damage might not be

visible) • what will be done where asbestos is found (containment if possible, safe removal if

necessary) • how to remove asbestos safely (including evacuation, use of licensed contractors, etc.) • what documentation will be required of contractors • completion of asbestos exposure record forms for all workers exposed at work Monitoring risk management Where asbestos has been discovered or disturbed, safety representatives should: • be involved by management in the process of dealing with it • monitor how management are following their plan • ensure that contractors comply with the law and with the management plan • keep the workforce informed of progress Safety representatives should also: • contact the workers involved in removal or maintenance, or their safety representatives • take up with management any concerns raised by the workforce or contractors • inform management/enforcing inspectors if there are breaches of the law or the

management action plan

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Returning to work When asbestos has been dealt with, safety representatives should: • be consulted before a site is declared fit for re-occupation (including joint oversight of air

monitoring) • inform the workforce • ensure that health monitoring and counselling is provided for people who want it Compensation Victims and their families have fought many compensation battles with often cynical and reluctant manufacturers, employers and the insurance industry. Consequently, safety representatives should immediately contact their own union if they have any queries regarding compensation or industrial injuries benefits for asbestos-related diseases. It is very important to seek this advice without delay as there are strict time limits for compensation claims. Asbestos support groups (see Further Information below) can also provide invaluable advice. Taking up the issue with management Sometimes, minor issues can be sorted out informally by direct contact with relevant managers. But if asbestos procedures are inadequate or are not tackling the risks effectively, it is likely that you will need to raise the matter formally. Obviously you know the best way of getting things done in your workplace, but you may need to consider such things as: • raising the matter in writing • encouraging other safety representatives to support you and back you up • using special safety procedures or an agreed procedure for resolving problems, in which

case you should always involve other relevant union representatives • raising the problem directly with senior management if it is urgent • using safety committees which can sometimes help to make plans for implementation

Union pressure and arguments You will need a well-argued case and you should refer to your research on asbestos. But the main source of negotiating strength is a well organised union with the support of your own members, and their determination to secure improvements. Evaluating the outcomes When you have carried out the appropriate action in the workplace, you should evaluate the outcomes. This is important because it allows you to reflect upon what has happened and determine what, if anything needs to be done next.

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Fact Sheet 6 Further information on asbestos (in alphabetical order) Asbestos support groups For the latest information on asbestos support groups: www.hazards.org/organisations.htm#Asbestossupport British Lung Foundation Resources on asbestos at www.lunguk.org/asbestos.asp?lung=3 Hazards magazine Website Excellent news and resources on the Hazards web resource page at www.hazards.org/asbestos/index.htm Hazards magazine factsheets • No. 73: What’s your body worth? Compensation • No. 71: DIY workers’ health studies • No. 61: Body mapping: body of evidence • No. 54: Cancer and occupation • No. 53: Toxics use reduction • No. 50: Asbestos campaign guide • No. 31: Substitution of hazardous substances • No. 6: Asbestos factsheet • No. 4: Construction health hazards • No. 3: Chest x-rays £1.50 each for union subscribers. £6 for non-subscribers. HSE Asbestos website The HSE have a specific web page which draws together HSE information on asbestos into one place at www.hse.gov.uk/asbestos/index.htm Priced and free publications on asbestos • For all the latest documents containing general standards and guidance on asbestos, go

to the HSE web page: www.hse.gov.uk/asbestos/information.htm

• Alternatively, obtain a free copy of the latest HSE Books catalogue, CAT 34, by telephone, 01787 881165

International Labour Organisation Interview with ILO Director on global asbestos ban on Hazards website at www.hazards.org/asbestos/ilo.htm

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London Hazards Centre • The Asbestos Hazards Handbook

www.lhc.org.uk/members/pubs/books/asbestos/asb_toc.htm • Asbestos in the home Part 1

www.lhc.org.uk/members/pubs/factsht/56fact.htm • Asbestos in the home Part 2

www.lhc.org.uk/members/pubs/factsht/57fact.htm • Management of asbestos in non-domestic premises

www.lhc.org.uk/members/pubs/factsht/77fact.htm

Occupational and Environmental Diseases Association (OEDA) • Asbestos – the facts, by Nancy Tait. Single copies free. 10 copies in priced packs

www.oeda.demon.co.uk/ TUC • The TUC asbestos web page www.tuc.org.uk/h_and_s/index.cfm?mins=262 • TUC Fact Sheet: New duty to identify asbestos in your workplace

www.tuc.org.uk/h_and_s/tuc-8120-f0.cfm • Essential information for safety representatives. Keep up to date on health and safety by

reading Risks, the TUC's weekly e-bulletin for safety representatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information • Many unions provide guidance on asbestos. The website addresses of all trade unions are

on the TUC website at www.tuc.org.uk/tuc/unions_main.cfm . Hazards magazine has listed the health and safety pages of most trade unions at www.hazards.org/links/ukunionlinks.htm

• Contact your union, or visit your union’s website to find out if they produce any guidance. For example: GMB produces an asbestos handbook, Asbestos – let’s take control. Details at: www.gmb.org.uk/Templates/PublicationItems.asp?NodeID=90421

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Activity Learning opportunities Aims To help us to:

• identify future learning needs • consider ways you will meet those learning needs

Task In your pair:

1. Identify your other learning needs for health and safety 2. What learning opportunities are provided by the TUC or your

union to meet your learning needs? 3. Identify the steps that you need to take to make use of the

learning opportunities Resources Details of TUC core and short courses from your tutor

Details of your union courses from your union website Report back Prepare a short report for the rest of the group.

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Course review and evaluation We hope that you have enjoyed the course. To help us make future courses more effective we would like your feedback. Please:

• contribute to a collective feedback session that your tutor will organise • fill in the evaluation form on the next two pages and return it to her/him

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End of Course Evaluation Please take time to complete the following. Considered and constructive feedback will help us to ensure that the course is relevant to your needs as union representatives. 1. What were your aims/expectations for the course? _________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 2. To what extent have these been met? _________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 3. What, if anything, do you feel you have gained/achieved that you did not expect at the outset? _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 4. How would you rate the support you have had? Tutor support Very good 1 2 3 4 5 Weak Group support Very good 1 2 3 4 5 Weak Course materials Very good 1 2 3 4 5 Weak Other resources Very good 1 2 3 4 5 Weak Comment _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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5. How did you find the teaching and learning methods used on the course? Group Work too much 1 2 3 4 5 too little Individual too much 1 2 3 4 5 too little Exercises Written work too much 1 2 3 4 5 too little Workplace too much 1 2 3 4 5 too little Activities Comment ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 6. How do you think what you have got out of this course will help you in your work/union? _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 7. Having successfully completed your course, what are your learning priorities now? ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 8. Any other comments?