Housing Asbestos Safety Policy

Our vision

Our Housing Service vision is that all homes in East Suffolk are safe, suitable, and sustainable, in communities where residents are proud to live.

This vision supports the Sustainable Housing theme in the Council’s Corporate Strategy: Our Direction 2028.

Equality and diversity statement

East Suffolk Council is intent on ensuring people or communities do not face discrimination or social exclusion due to any of the following protected characteristics: age; disability; sex; marriage and civil partnership; race; religion or belief; sexual orientation; gender reassignment; pregnancy and maternity, and socio-economic deprivation.

This document complies with the Council’s equality and diversity policy.

Introduction and objectives

1.1. East Suffolk Council (ESC) is responsible for maintenance and repairs to our homes, communal blocks, many of which will have been constructed using asbestos containing materials. As such, we have a legal ‘Duty to Manage’ asbestos in these buildings.

1.2. Domestic properties or buildings built or refurbished prior to the year 2000 may contain asbestos. If a material containing asbestos is disturbed or damaged, it can release asbestos fibres into the air which are a danger to health if inhaled. Workers who carry out repairs and maintenance work are at particular risk, however, building occupants could also be put at risk.

1.3. Asbestos inspections are generally not required for buildings constructed after 2000 because asbestos was banned in the UK in 1999, and modern building materials are expected to be asbestos-free. However, exceptions may exist such as when imported materials are used from countries with different regulations, or if the building has had refurbishments involving older materials. Although this isn’t expected within ESC’s property portfolio, if there is strong evidence that a post 2000 building may have suspected imported materials or refurbishments using older materials, this building maybe subject to asbestos inspection as laid out in the policy.

1.4. The risks associated with exposure to asbestos fibres are well documented, especially in relation to the construction and maintenance industries. To fulfil its duties under the Health and Safety at Work etc. Act, 1974, the Management of Health and Safety at Work Regulations 1999 and the Control of Asbestos Regulations 2012 (CAR 2012), East Suffolk Council, hereby known as ESC, is committed to reducing these risks.

1.5. The objective of this policy is to ensure our Cabinet, Corporate Leadership Team, employees, external contractors and tenants are clear on our legal and regulatory asbestos safety obligations. This policy provides the framework our staff and external contractors will operate within to meet these obligations.

1.6. This policy forms part of our wider organisational commitment to driving a positive health and safety culture amongst staff and contractors. It will be saved on our shared drive and distributed to all relevant members of staff.

Policy details

2.1. ESC has an overarching ‘Asbestos Policy’ that applies to all ESC properties (e.g. housing, offices, public buildings, leisure centres etc.). The key aim and objective of this policy is to set out ESC’s Housing Departments approach to ensure asbestos containing materials are suitably managed at all levels throughout, and everyone understands their duty in contributing to the effective management of asbestos containing materials (ACMs). This policy applies to:

  • The housing assets which are owned by the Housing Revenue Account (HRA) and any which are leased by or managed as social housing stock. This includes domestic Properties (houses and flats), communal areas of any blocks containing such properties, sheltered/supported housing schemes and associated offices/communal spaces, and garage blocks.

2.2. The policy is relevant to all our employees, tenants, contractors, and other persons who may work on, occupy, visit, or use our premises, or who may be affected by our activities.

2.3. The policy should be used by all to ensure they understand the obligations placed upon ESC to maintain a safe environment for tenants and employees within the home of each resident, and within all communal/common areas of buildings and other properties we own and/or manage. Adherence to this policy is mandatory and requires the full co-operation of management, and staff at all levels.

Legislation, guidance and Approved Codes of Practice

3.1. Legislation:

3.2. Approved Codes of Practice (ACoP):

3.3. Guidance notes:

3.4. Additional legislation:

Obligations

4.1. There are various health and safety regulations that directly, or indirectly, place duties on employers in relation to asbestos. This policy takes into account the following legislation and regulations.

4.2. The Health and Safety at Work etc Act 1974 (HSWA) requires an employer to conduct their work in such a way that their employees will not be exposed to health and safety risks, and to provide information to other persons about their workplace which might affect their health and safety.

4.3. The Control of Asbestos Regulations (CAR) 2012 requires an employer to prevent the exposure of his employees to asbestos, or where this is not practicable, to reduce the exposure to As Low As Reasonably Practical (ALARP). This Regulation also places a duty on employers in occupation of premises to manage the risk from asbestos in those premises.

4.4. The Management of Health and Safety at Work Regulations 1999 require employers to assess the risks to the health and safety of themselves, employees and persons not in their employment arising out of or in connection with the conduct of their business, and to make appropriate arrangements for protecting those people's health and safety.

4.5. The Construction (Design and Management) Regulations 2015 require the client to pass on information about the state or condition of any premises (including the presence of hazardous materials, such as asbestos) to the Principal Designer/Contractor before any work commences and to ensure that the health and safety file is available for inspection by any person who needs the information.

4.6. Under The Control of Asbestos Regulations 2012 (CAR 2012) ESC has a legal obligation under Regulation 4 ‘Duty to manage asbestos in non-domestic properties’ and as the Duty Holder we are required to:

  • Take reasonable steps to find materials likely to contain asbestos.
  • Assume asbestos is present if the property was built prior to the year 2000. If built after the year 2000 asbestos is unlikely to be present and no further action will be necessary.
  • Keep an up-to-date record (an asbestos register) of the location and the condition of the asbestos containing materials and presumed asbestos containing materials and keep it up to date.
  • Provide information on location and condition of asbestos containing materials to people who may disturb them and those who occupy the premises.
  • Monitor the condition of asbestos containing materials and presumed asbestos containing material.
  • Assess the risk of the likelihood of anyone being exposed to asbestos fibres from these materials.
  • Prepare an ‘Asbestos Management Plan’ that sets out how ESC will manage the risk from ACMs, and review and monitor its implementation.

Statement of intent

5.1. ESC acknowledges our responsibilities under CAR 2012: Regulation 4 as outlined in ‘Section 4’ of this policy, and we recognise that the main hazard in relation to asbestos is the non-identification of ACMs. As such, we will protect those persons potentially exposed to asbestos as far as is reasonably practical, using appropriate control measures and working methods.

5.2. Place a duty on all staff and contractors who may disturb asbestos to:

  • Carry out on-site risk assessments, to establish the likelihood of asbestos being disturbed.
  • Check the asbestos register, and if there’s a risk asbestos may be disturbed request an appropriate survey.
  • Act on the findings of any survey before any work is carried out.

5.3. To fully comply with CAR 2012, ESC will have an approved ‘Housing Asbestos Policy’, an ‘Asbestos Management Plan’ and we will maintain an up-to-date asbestos register.

5.4. We will ensure a fair and consistent approach to asbestos management in our properties.

5.5. We aim to ensure that our ‘Housing Asbestos Policy’ is clear and transparent for our tenants, employees, contractors, and other persons who may work on, visit, or be affected by our activities.

5.6. We will use all available means, as-per our ‘Access Policy’, within the terms of the tenancy and lease agreement should any resident or shared owner refuse access to carry out essential asbestos related remediation works or inspections where no asbestos data/ management survey is held on our asbestos register.

5.7. Prepare an ‘Asbestos Management Plan’ that sets out how we will manage the risk from ACMs, and review and monitor its implementation.

5.8. In conjunction with East Suffolk Council’s Corporate Health and Safety team, we will ensure that any RIDDOR notification or near misses in relation to asbestos safety are investigated and take action to address any issues identified or learnt to prevent similar actions from happening again.

Programme

6.1. Non-domestic properties - (communal blocks/supported schemes, and garage blocks) All non-domestic properties  that we own or manage (within the scope set out in ‘Policy Scope’ 2.1), built prior to the year 2000, will have an asbestos management survey that is compliant with CAR 2012 (i.e. all surveys will be dated after 2012, when this legislation came into effect). Thereafter, we will maintain a programme of asbestos re-inspections for all properties that contain ACMs (known or presumed) or where we cannot confirm there are no ACMs present.

6.2. Re-inspections will either be annual or in accordance with the risk level as identified by the previous survey. We will not re-inspect any properties where the initial asbestos management survey confirms that there are no ACMs.

6.3. Domestic properties - For our domestic properties, (which fall outside Regulation 4) as far as reasonably practicable, we will attempt to undertake re-inspections on an annual basis where the property is identified as high risk, and within a 5-year cycle for other homes (medium and low risk). Details of risk levels can be found in the ‘Asbestos Management Plan: Asbestos Material and Priority Scoring’. We will review the asbestos register and any existing asbestos survey information prior to carrying out any responsive, void, or planned maintenance works which may involve working on or adjacent to any ACMs within a domestic property. This is to ensure that any ACMs likely to pose a risk are identified prior to works commencing and are managed and dealt with appropriately. Where intrusive works is to be undertaken a refurbishment survey will be undertaken. Where there is no record of asbestos related information for a domestic property, a survey will be undertaken ahead of any works taking place should the contractor work within proximity of potential ACM.

6.4. For re-inspection surveys, due to non-statutory requirements to re inspect we will not use enforcement action to gain access. We will actively encourage tenants to allow access and where access is not given.

6.5. Any newly acquired dwelling/property constructed pre 2000 will have a management survey carried out and the results added to our asbestos register.

6.6. Repairs/planned maintenance - We will review existing asbestos survey information prior to carrying out any intrusive void work, day-to-day repairs, planned maintenance or refurbishment work. Where there is no asbestos information, prior to the work taking place, we will commission a refurbishment/demolition survey to the areas of the property that are likely to be disturbed as part of the proposed works. We will also undertake a management survey to the remainder of the property as part of the same refurbishment/demolition survey. Once completed, survey details will be provided to the relevant operatives or contractors.

6.7. Refurbishment and demolition work - We will carry out a refurbishment survey prior to any refurbishment or a demolition survey prior to any demolition work. If the refurbishment works are restricted to small areas e.g. new kitchen, roofing or bathroom replacement, then we will commission a targeted refurbishment survey prior to any intrusive building work starting where an inspector or manager has determined there is a risk asbestos may be disturbed, or the building was built or refurbished prior to the year 2000.

Follow-up work

7.1. Where asbestos is positively identified, and removal, sealing or encapsulation is recommended as part of a management recommendation, this will be carried out as follows:

  • Non-licensed works (as defined in Regulation 2 of CAR 2012) – A Licenced Asbestos Removal Contractor (LARC) must be appointed if ACMs are present and liable to be worked upon or disturbed. ESC UKATA CAT B trained housing maintenance operatives (DLO) will only carry out non-licenced works as defined in the ‘Asbestos Management Plan'.
  • Notifiable non-licensed works (as defined in Regulation 2 of the CAR 2012) – will be undertaken by a Licensed Asbestos Removal Contractor (LARC) licensed by the Health and Safety Executive in compliance with CAR 2012.
  • Licensed works (as defined in Regulation 2 of CAR 2012) – will be undertaken by a LARC licensed by the Health and Safety Executive in compliance with CAR 2012.

Data and records

8.1. We will maintain a core asset register of all properties we own or manage, setting out which properties are and are not required to be included on the asbestos re-inspection programme (for assets identified within ‘Policy Scope’ 2.1).

8.2. We will operate a process to manage all changes to stock, including property acquisitions and disposals, to ensure that properties are added or removed as required from asbestos programmes, and the programme remains up to date.

8.3. We will maintain and keep an asbestos register in our Asset Register System, keeping it secure and with editing access only available to those who need to update the register. The asbestos register will include:

  • Details of ACMs in the properties we own or manage, with information on the property address.
  • The type of asbestos, its location and condition.
  • We will hold inspection dates, asbestos surveys .
  • Details of remediation works and evidence of completion of these works.

Resident engagement

9.1. ESC considers good communication essential in the safe delivery of asbestos management and will therefore ensure information about asbestos containing materials (known or suspected) is provided to every person liable to disturb it. We will ensure all employees and contractors have adequate asbestos survey information to enable them to manage and/or work safely.

9.2. We will support residents in their understanding of asbestos containing materials, advise them of how they can manage the risks within their properties, and to encourage them to report any concerns about Asbestos.

9.3. We will issue ‘tenant friendly’ reports via email to all tenants after a management or reinspection survey has taken place.

9.4. An Asbestos ‘Guidance Leaflet’ will be provided to all new residents as part of their welcome pack.

Roles and responsibilities

10.1. Responsibility for the control of asbestos cascades from the Chief Executive to the Head of Service who will implement procedures to ensure the contents of this policy are met.

10.2. The Corporate Leadership Team (CLT) is responsible for ensuring adequate resources are made available to meet the policy objectives.

10.3. The Corporate Leadership Team (CLT) will receive monthly performance reports in respect of asbestos safety and ensure compliance is being achieved. They will also be notified of any non-compliance issue identified.

10.4. The Strategic Lead: Regulatory Compliance has strategic responsibility for the management of asbestos safety, and ensuring compliance is achieved and maintained. They will oversee the implementation of this policy.

10.5. The Contract Manager: Water and Asbestos has operational responsibility for the management of asbestos safety, will be responsible for overseeing the delivery of these programmes.

10.6. The Housing Services team will provide support where gaining access to properties is difficult and the legal team will assist and facilitate any legal access processes as necessary as-per our Access Policy.

10.7. Residents are responsible for allowing access to their homes that ESC are responsible for maintaining asbestos materials as-per the terms and conditions of their tenancy agreement.

Competent Persons

11.1. The Water and Asbestos Contracts Manager will hold a P405 ‘The Management of Asbestos in Buildings’, P402 ‘Survey and Sampling Strategies’, M504 ‘Asbestos and Other Fibres’ (or equivalent). If they do not have one of these, they will obtain this within 12 months of the approval of this policy.

11.2. Only competent contractors (as per HSG264) will carry out asbestos management surveys and asbestos reinspection’s. We will require surveyors to hold the P402 qualification and to be able to demonstrate they have sufficient experience to be competent in carrying out surveys and reinspection’s.

11.3. Only competent Licensed Asbestos Removal Contractors will carry out all work on notifiable non-licensed asbestos work or licensed asbestos works.

11.4. We will check that our contractors hold the relevant qualifications and accreditations when we procure them, and thereafter on an annual basis.

11.5. UKATA CAT B asbestos training, tailored to specific roles, will be given to our maintenance teams (DLO) who carry out low risk, non-licensable, work on ACMs and to those who specify and manage these works. Refresher training will be undertaken annually, using a UKATA approved training provider, for this role as-per UKATA recommendations.

11.6. Our in-house maintenance teams (DLO) as well as other staff who may encounter asbestos containing materials through their work or who supervise, manage or influence the work, and external contractors are ‘asbestos awareness’ trained.

11.7. Asbestos awareness training will be undertaken as part of the induction process for DLO maintenance operatives. While not legally mandated, asbestos awareness refresher training will be carried out annually in the form of a toolbox talk or ESC e-learning module. Refresher training will be undertaken via an external UKATA approved training provider every 3 years.

11.8. For other staff, specific training is provided according to their level of interaction with asbestos.

Training

12.1. We will deliver training on this policy and the procedures that support it, including team briefings; basic asbestos awareness training; and on the job training for those delivering the asbestos programme, planned maintenance and repair works as part of their daily job. All training undertaken by staff will be formally recorded.

Performance reporting

13.1. Detailed below are the key performance indicators for asbestos that are reported on the compliance dashboard. This will be reported to the Housing Health and Safety Board (HHSB) monthly.

  • Total number of blocks and garage blocks requiring an asbestos survey
  • Number of blocks and garage blocks with an asbestos survey completed
  • Number of blocks and garage blocks with an overdue asbestos survey
  • Overdue re-inspections (< 3 months)
  • Overdue re-inspections (3-6 months)
  • Overdue re-inspections (6-12 months)
  • Overdue re-inspections (12+ months)

13.2. Narrative - an explanation of the:

  • Overdue re-inspections
  • Timelines for returning to compliance

Quality assurance

14.1. We will require external consultants and contractors to provide the results of their own 5% quality assurance audit checks, as required by UKAS, upon request.

14.2. We will undertake 10% third party audits of licenced asbestos removals.

Non-compliance escalation process

15.1. Our definition of non-compliance is when any incident which has the potential to result in a potential breach of legislation or regulatory standard, or which causes a risk to health or safety. All non-compliance issues will be reported and escalated without delay, and no later than 24 hours after the incident occurred, or an ESC employee becoming aware of it.

15.2. In cases of serious non-compliance, CLT and Cabinet will consider whether it is necessary to disclose the issue to the Regulator of Social Housing as required by the regulatory framework, or any other relevant organisation.

Conclusion

16.1. This policy sets out our approach to our asbestos safety obligations and provides a framework our staff and contractors will operate within to meet these obligations. You should consult your tenancy agreement/licence/lease for further information on your rights and responsibilities, ask our advice, or seek independent help.

Appeals

17.1. Tenants can appeal decisions made under this Policy, through ESC’s Customer Feedback Policy.

Policy review

18.1. This policy will be reviewed every three (3) years, or earlier if required due to legislative, regulatory, best practice, or operational changes.

18.2. Any review or amendments to this policy will be subject to approval by the Housing Health and Safety Board (HHSB).

18.3. The Strategic Lead: Regulatory Compliance and Contract Manager: Water and Asbestos will be responsible for ensuring the implementation of this policy.