Appoint - Plan - Remove

It is crucial for property owners and managers, including those overseeing commercial properties, NHS facilities, schools, and housing groups, to take asbestos risks seriously and manage asbestos in a controlled and safe manner. Even today, asbestos remains the leading cause of workrelated deaths in the UK, resulting in approximately 5,000 asbestos-related cancer deaths annually.

Owners and managers of properties built before the year 2000 have a responsibility to manage the risks associated with asbestos. They must ensure that both employees and non-employees are not exposed to health and safety hazards due to the presence of asbestos.

If asbestos-containing materials (ACMs) are found in a building and their condition necessitates removal, or if the building is undergoing renovation or demolition requiring ACM removal before work commences, clients have legal obligations to oversee the project and appoint a competent contractor.

Client duty to manage a project:

Clients have explicit responsibilities for managing construction projects in accordance with the Construction (Design and Management) Regulations 2015 (CDM 2015). As clients are at the top of the procurement chain, the law mandates that they establish appropriate measures to manage a project and continuously review these measures throughout its duration to ensure effective management of health and safety risks. It is not required for clients to possess expertise in construction or asbestos work, nor are they expected to directly supervise or manage the work themselves. However, they hold the responsibility of ensuring that suitable arrangements are in place for managing and organising projects during both the “preconstruction” and “construction” phases. This includes appointing competent individuals and providing them with adequate information, time, and resources to carry out their tasks safely and effectively.

If asbestos removal is necessary, the client must appoint a competent asbestos removal contractor. To ensure this, the client should conduct reasonable inquiries to confirm that contractors have the necessary resources and competence for the proposed work.

How can clients reassure themselves of competency?

Firstly, it is important to determine whether the type of asbestos-containing material requires a contractor to hold a licence from the Health & Safety Executive (HSE) for its removal under controlled conditions. A list of licensed contractors can be found on the HSE website.

Secondly, clients should inquire whether the contractor undergoes independent audits, specifically on-site verification inspections, to ensure compliance with the necessary requirements. Clients can verify this by checking whether the contractor is a member of a trade association. Some clients rely on trade associations to uphold industry standards and provide an additional level of assurance.

However, clients should not rely solely on a trade association logo. Asbestos removal entails significant health and safety risks, so it is essential to delve deeper into what membership of a trade association actually means.

To ensure compliance with relevant legislation and provide reassurance to all parties involved, the Asbestos Removal Contractors Association (ARCA) introduced the Site Audit Accreditation Scheme (SAAS) in 2000. The SAAS supports members’ performance and upholds standards. ARCA member contractors must undergo a satisfactory site audit to join the association (as well as an office audit), and then maintain membership by undergoing a number of site audits each year.

In January 2017, ARCA further enhanced its audit scheme by conducting unannounced site audits. The HSE provided ARCA with certain details (such as the licensee’s name, site location, dates of work, and nature of work) from the licensed contractors’ “notification of asbestos work” form. With this information, ARCA can arrange unannounced site audits, adding an even stronger level of reassurance for all parties, including clients.

In January 2020, ARCA and its members committed to increasing the SAAS requirement from 2 to 3 unannounced site audits per membership year, which was increased to 4 site audits per membership year in January 2023.

Asbestos removal work:

Once a contractor is appointed, it is essential for the client to provide them with sufficient information, time, and resources to ensure the job is carried out properly. The client must supply appropriate preconstruction information to enable the contractor to develop a suitable Plan of Work. Additionally, contractors require adequate time and access to thoroughly assess the premises and discuss important site details with the client. The decisions, actions, or lack thereof on the part of the client can have a significant impact on the successful execution of the work.

Furthermore, the contractor is responsible for submitting a notification of work to the HSE at least two weeks before the work is scheduled to commence. This means that the work must be carefully planned prior to its initiation.

A Plan of Work:

The licensed asbestos removal contractor has the responsibility to develop a suitable Plan of Work (PoW) and adhere to Regulation 7 of the Control of Asbestos Regulations 2012 (CAR 2012). The PoW should be a practical and informative document that outlines the site details, asbestos locations, access points, waste routes, and more, providing a safe working method for the site staff to follow. It is important for the PoW to be comprehensive yet manageable in length. Utilising diagrams, photographs, and flowcharts can help make the PoW concise and easy to comprehend. The HSE supports the notion that generic information about commonly used company procedures, such as waste bagging methods or enclosure construction materials, does not need to be included in the site-specific plan. Instead, this generic information should be readily available on-site in a readable format, either electronically or in hard copy.

The asbestos removal contractor’s manager should collaborate with the client to develop the PoW, ensuring both parties are aware of any site constraints and the presence of other trades on-site. The PoW primarily serves as support for the site staff but should also be accessible to the analyst, manager, auditor, HSE inspector, and client. Successful project execution requires good coordination and cooperation among all parties involved. ARCA has produced guidance for clients, which can be found in the ‘clients’ section at www.arca.org.uk.