Updates
Sep 2000
New Legislation to Reduce the
Risk of Asbestos
The risk of asbestos contamination remains in the workplace. The Health &
Safety Commission is proposing to make alterations in the law to reduce these
risks and are introducing a new duty on those who are responsible for managing
asbestos.
According to research there are over 3,000 deaths a year from asbestos related
diseases, all of which could have been prevented by the correct management of
the material. Asbestos has in the past been typically installed as thermal insulation
and for fireproofing and it is estimated that many workplace buildings still
contain asbestos within their seams.
Materials containing asbestos do not pose a threat if they are in good condition
or have not been disturbed. However if these materials are not managed properly
then there may be a risk of serious damage to public health.
The Health & Safety Executive require those who are responsible for a workplace
building to take action. A survey must be undertaken to find out whether asbestos
is present. A record of the research that has gone into these findings must
be drawn up. If asbestos is found to be present, plans must be implemented to
manage the asbestos. Information must be provided to anyone who may come into
contact with the asbestos.
If you are responsible for a place of work, and are worried about the risk of
asbestos, Derek C Miles Fire & Safety Consultants provide you with detailed
advise regarding your potential liabilities and if necessary organise and co-ordinate
a survey on your behalf.
If you would like further information on this matter please contact Derek C
Miles Fire & Safety Consultants.
Information taken from the ROSPA OS&H August 2000
May 2000
For the Safe Erection of Structures
The HSE guidance note GS28 'Safe Erection of Structures' was for many years
classified as the standard procedure to follow when it came to the safe erection
of steel framed buildings. However in recent years there has been an increasing
amount of new regulations introduced including the CDM regulations of 1994.
As a result GS28 has gradually been outdated and was eventually withdrawn in
1997. The HSE is currently drafting a replacement document on this subject but
until this is fully drawn up there remains a void on this subject.
However The British Constructional Steelwork Association (BSCA) has published
guidance notes on the safer erection of steel framed buildings. If you would
like to find out further information on this subject please contact Derek C
Miles Fire & Safety Consultants
May 2000
Proposed Amendment to the CDM
Regulations
During a recent Court of Appeal case it was decided that the definition of "designer"
in Regulation2 and Regulation 13(2) of the CDM Regulations only applies to a
design which a person prepares, and does not extend to a design which a person
arranges for another person to prepare. Another person, in the context of the
Regulations, would include his employee or another person under his control.
In practice the overwhelming majority of designs are prepared, either by employees
or by individuals under the control of another. Very few designs are prepare
by the person, or persons, who run or own the design practice.
As a result of the Court of Appeal judgement, the HSC have issued the following
proposed amendments to the Regulations in order to remove this legal loophole:
1. Simplify the definition of designer.
2. Extend what is meant by "a person preparing a design".
The proposed amendments will not place additional duties on:
1. Employment Agencies
2. On persons, including designers, in respect of any design work they sub-contract
to another design practice save as already exist under Reg 8 an 9 which place
duties on all persons arranging for design work to be done.
May 2000
ASBESTOS
"The Asbestos (Prohibitions) (Amendment) Regulations 1999 came into force
in November 1999 making it illegal to import, supply or use chrysotile (white
asbestos) in Great Britain."
This new regulation, which implements a domestic ban, is five years ahead of
the European Directive deadline which has been officially agreed by members
states for January 2005.
Existing asbestos is not required to be removed from existing buildings as this
is known to cause a higher risk to health than leaving it in place.
The Health & Safety Commission will consult next further proposals concerning
the effective management of asbestos in the workplace.
Based on an extract taken from the Health & Safety Commission Newsletter
February 2000
March 2000
CAUTION: Reliable Data on
Sandwich Panels Yet to be Specified -
In the wake of recent disastrous fire reports involving foam covered sandwich
panels, the British Cladding Council recommends that building specifiers, owners
and insurers use "traditional 'built-up' systems or composites containing
mineral fibres". Evidence shows poor performance of the foam covered systems
and until further research, it is advised that this type of panel be avoided.
For further information contact: The British Cladding Council 0161 748 1527.
(Information taken from ROSPA Occupational Safety & Health March 2000)
February 2000
Sprinklers in Shops - According
to the ROSPA Bulletin February 2000 edition, come July this year, sprinkler
protection will be required in new single storey retail buildings with compartments
with a floor area of 2000m² or more. This is notable change from the 4000m²
of previous legislation introduced in December 1997. It is estimated that these
new measures will save the lives of seven firefighters and occupants and over
30 firefighters and occupants' injuries over a period of 15 years. This information
will be included in the revised Approved Document for Part B of the building
regulations.
February 2000 Asbestos Registers Compulsory in Non Domestic Premises - With
2000 seeing proposed amendments to the 'Control of Asbestos at Work Regulations
1987', any persons in control of non-domestic premises have a duty to assess
the risk of asbestos. It therefore becomes compulsory practice to report and
register the location, type and condition of asbestos. This should be followed
up by a risk assessment and written control plan.