asbestos management - manor mat · 2.0.11 regular audits will be carried out by the asbestos...

Riverside Environmental Services Ltd Unit 12 Whiffens Farm Clement Street Hextable Kent BR8 7PQ

T. 0870 950 0161 F. 0870 950 0162 E. [email protected] riverside-es.com

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ASBESTOS MANAGEMENT Policy & Procedures

FOR: Manor Primary AT: Ettingshall Road, Coseley, West Midlands

J115628

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Doc 1000 Issue 4 Issued by C.Hansen on 15th June 2016

Contents

1.0 Introduction

2.0 Asbestos Policy and Statement of Intent

3.0 Asbestos management - Responsibilities, the role of the asbestos co-ordinator, contractors and employees

4.0 Asbestos Register

5.0 Risk assessments and action plan

6.0 Protocol for further building surveys

7.0 Actions to prevent exposure to, or release of, asbestos fibres to air

8.0 Protocol for labelling of identified and presumed asbestos materials/areas

9.0 Procedure to prevent cross contamination or re-contamination of abated areas.

10.0 Regular inspections of retained asbestos materials/areas to confirm condition (in repair) and retention of control measures e.g. warning notices

11.0 Procedures for dealing with asbestos

12.0 Periodic review and update of Asbestos Management Policy Asbestos Register and Asbestos Risk Assessments

13.0 Surveying - Type and purpose

Sampling - Strategy and interpretation

14.0 Specification for abatement work to meet with the requirements of future redevelopment

15.0 Detailed Working Procedures to be developed

16.0 Legislation

17.0 Asbestos management plan

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1.0 INTRODUCTION

1.1.0 This document identifies how Manor Multi Academy Trust shall manage the health risks to persons from asbestos containing materials (ACMs) in its buildings and assist them to comply with the Health & Safety at Work Act 1974 and the Control of Asbestos at Regulations 2012 (CAR). The Policy will set out procedures to be adopted by the Group and outside Contractors, with regards to asbestos, in properties owned or managed by Manor Multi Academy Trust. All properties, where the duty holder is identified, must have an asbestos policy. This is achievable with the compilation of an asbestos register to be held on the Integrator database with web access. Prior to a register for each site certain policies must be adhered to as set out in this document.

1.1.1 Employers and employees have duties under the Control of Asbestos Regulations 2012

(CAR). These are existing duties that have merely been clarified. One new definition is that of 'Duty Holder'. Put simply, if you instruct or allow work to be carried out in a building that you have a level of control over, you must inform those carrying out the works of the risk from asbestos.

WHAT IS ASBESTOS 1.1.2 Asbestos is a silicate mineral, which occurs in nature as long thin crystalline fibres. The

fibres have good tensile strength, flexibility, chemical resistance, heat resistance, thermal insulation and electrical insulation properties. Consequently, asbestos has been widely used in many building materials. The period between 1950 - 1999 covered the most extensive use of ACMs in buildings because it was cost effective and there was not the wide spread appreciation of the risks it posed to health. Further information can be found in appendix I

An Asbestos Survey has been carried out by Riverside Environmental Services Ltd on behalf of Manor Multi Academy Trust: Report No J115628. This report identifies asbestos in the form of: Asbestos Debris, Textiles and Rope, Asbestos Cement and Compressed Asbestos Fibre Gaskets. Further to this the report has presumed asbestos containing materials within items not accessed including: storage heaters, kiln, chimney, boilers, skylights, safes and electrical items. Areas not accessed should be treated as though they contain asbestos until such a time as proven otherwise, see report drawing ref: J115628/D5.

http://www.hmso.gov.uk/si/si2002/20022675.htm



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1.1.3 The risk to health from asbestos occurs when fibres are released into the air and then breathed in. Provided ACMs are intact and in a position where they will not be damaged they will not pose a risk to health. In the UK there are approximately 3000 deaths per annum from asbestos exposure, most of which occurred in the 1960's and 1970's; this figure is expected to rise to possibly 10,000 per annum in the year 2025. Therefore, building controllers, contractors and workers need to be made aware of the presence of asbestos in buildings, so that the potential for exposure to fibres can be assessed over the short, medium and long term.

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2.0 ASBESTOS POLICY AND STATEMENT OF INTENT 2.0.1 Manor Multi Academy Trust acknowledges and accepts its responsibilities under the

Health and Safety at Work Etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, the Control of Asbestos Regulations 2012 and associated legislation. Where appropriate, Approved Codes of Practice and Guidance information published by the Health and Safety Commission and Executive shall be taken as the adopted standard.

2.0.2 Manor Multi Academy Trust is aware of their legal duty to identify and record the location and

condition of asbestos and presumed asbestos containing materials (ACMs), assess the risks from such materials and formulate a management plan to reduce those risks.

2.0.3 Manor Multi Academy Trust is aware of their responsibilities to safely manage retained

asbestos containing materials within premises under their control and to liaise with others in premises which they own that are under the control of others.

2.0.4 Manor Multi Academy Trust shall ensure that their site employees receive training

appropriate to their role. 2.0.5 An “Asbestos Co-ordinator” James Rowden has been appointed to be responsible for:

- Compiling and maintaining the premises asbestos register which is maintained in electronic format.

- Providing advice to staff and contractors on the actions/procedures for minimising the risks from asbestos

- Ensure that future asbestos sampling, surveys and abatement works instructed via the Asbestos Co-ordinator meet with this Asbestos Policy and the requirements of HSG264.

- Provide liaison between Manor Multi Academy Trust and others wishing to access and/or work within premises under the control of Manor Multi Academy Trust (where appropriate to do so).

2.0.6 No new or replacement materials containing asbestos will be used in Manor Multi

Academy Trust premises. 2.0.7 An accurate up to date Asbestos Register will be maintained by the Asbestos Co-ordinator

identifying areas within premises containing asbestos. The asbestos register will be updated

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to record periodic inspections and any abatement works. The register will retain archived details of all asbestos abatement records.

2.0.8 Manor Multi Academy Trust asbestos records are held in an electronic PDF format. Paper

certification and the like is scanned and attached to the relevant property record. 2.0.9 Prior to carrying out any works within Manor Multi Academy Trust premises, an adequate

asbestos survey will be undertaken to identify all asbestos containing materials. Any asbestos containing materials must be properly assessed and the appropriate control measures implemented. All findings will be clearly communicated to persons carrying out works. If any suspect materials are uncovered during an operation, work must cease immediately, the area sealed and a sample of the material taken for analysis.

2.0.10 Where contracts are placed to do work on asbestos containing materials, only contractors

holding a current licence from the Health & Safety Executive will be employed. Manor Multi Academy Trust will employ an independent Asbestos Consultant holding the appropriate UKAS Accreditation to carry out any air monitoring that may be required.

2.0.11 Regular audits will be carried out by the Asbestos Co-ordinator to ensure that the

requirements of this Asbestos Management Policy Procedure and abatement works are established, updated as necessary and maintained. These shall be reported back to the Programme Manager initially and may form part of compliance reports to the Senior Management Team.

2.1.1 The Policy will be in effect from the date of Authorisation. 2.1.2 The terms of reference for the policy are: - The Health and Safety at Work etc Act 1974 - The Management of Health and Safety at Work Regulations 1999 - The Control of Asbestos Regulations 2012 - Methods for determining Hazardous Substances 100 (MDHS 100) - HSG264 Asbestos Surveyors Guide - HSG 248 The Analysts Guide

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3.0 ASBESTOS MANAGEMENT - RESPONSIBILITIES OF MANAGEMENT, THE ASBESTOS CO-ORDINATOR, EMPLOYEES & CONTRACTORS

3.1 Board of Directors of Manor Multi Academy Trust

- Overall responsibility for Health and Safety for the site. Board of Directors of Manor Multi Academy Trust

3.2 Anita Cliff of Manor Multi Academy Trust

- Responsible for the safe management of asbestos containing materials in premises. Together with the asbestos co-ordinator responsible for the implementation of the Asbestos Management Policy.

3.3 James Rowden - Asbestos Co-ordinator Ken Graham Site Manager

- Responsible for the updating and implementation of the Asbestos Management Policy. Responsible for the continued management, identification and abatement of asbestos materials to meet with the requirements of the Asbestos Management Policy. The Terms of reference are:

To initiate production of the asbestos register.

To maintain the asbestos register.

To identify training needs of employees who may require asbestos awareness or other relevant training.

To carry out risk assessments associated with exposure to asbestos in those areas which are the direct responsibility of Manor Multi Academy Trust

To co-ordinate asbestos activities under the Construction (Design and Management) Regulations 2015.

To assess the competence of all contractors working on premises where asbestos is likely to be disturbed.

To check the Risk Assessments and method

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statements of contractors involved with work that may present asbestos risks.

To monitor the work of contractors on-site when there is a risk of exposure to asbestos.

To manage the emergency arrangements in the case of uncontrolled release of asbestos fibres.

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The asbestos removal / remediation works will specified by the asbestos co-ordinator in conjunction with the asbestos consultant

3.3 Asbestos Co-ordinator(s) Cont’d

To ensure compliance with the Control of Asbestos Regulations 2012, the Asbestos Licensing Regulations 1983 (as amended) and the Asbestos (Prohibition) Regulations 1992 (as amended).

3.4 Employees and Contractors

- All relevant staff that are liable to disturb asbestos while carrying out their normal everyday work, or who may influence how work is carried out must have Asbestos Awareness Training. Ensuring that any work that may disturb or damage asbestos insulation or asbestos products is avoided. The Asbestos Co-ordinator is contacted and ensuring Manor Multi Academy Trust Asbestos Management Procedures are abided by when work cannot be completed without disturbing asbestos. Reporting to their Senior, Building Manager, Departmental Safety Officer, Supervisor or Manager any material suspected to contain asbestos where the material has been disturbed or damaged, or where staff are likely to undertake work which may affect such material.

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4.0 ASBESTOS REGISTER

4.1.1 An Asbestos register should at least comply with the current CAR regulations and are detailed in HSG264 ‘The Asbestos Surveyors Guide’. The register shall detail ACMs which have been identified as part of an Asbestos Management Survey. Included on the register must be a risk assessments and priority assessments for each ACM. 4.2 The asbestos register will be maintained in PDF or paper format. The survey will contain information stipulated within HSG 264, for asbestos containing materials in premises. 4.3 Where an Asbestos register is in place, for a particular building, it remains that a further refurbishment or demolition survey in HSG264 will be required prior to any demolition and/or major refurbishment. 4.4 The register may be provided to the contractors in the following methods:

Hard copy made available upon request Email report to the contractor Shared database

Ensuring confirmation of receipt and understanding prior to further authorisations or permissions to work.

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5.0 RISK ASSESSMENTS AND ACTION PLAN 5.1 Where asbestos materials have been identified or where abatement works are to be

undertaken on-site, a Risk Assessment will be undertaken. 5.2 Where the risk assessment identifies probable or confirmed asbestos, the Asbestos Co-

ordinator shall undertake a further specific Risk Assessment. 5.3 The procedure for the asbestos Risk Assessment shall include: i) the location ii) the form of asbestos iii) the type of asbestos iv) the condition of the asbestos 5.4 From the asbestos Risk Assessments an action plan will be identified which: a) Identifies the requirements for any site restrictions; b) identifies the requirements for any further site investigations/sampling; c) identifies the requirements for any abatement works.

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6.0 PROTOCOL FOR FURTHER BUILDING SURVEYS 6.1 The protocol for all further site investigations is to ensure collected data meets with the

requirements of HSG264 Management Survey as a minimum for normal occupation or HSG264 Refurbishment or Demolition Survey for disruptive maintenance operations or prior to any major refurbishment/demolition works.

6.2 The Health & Safety Executive has published HSG264 Surveyors Guide of asbestos-

containing materials in the series Methods for the Determination of Hazardous Substances. The document gives guidance on how to survey workplace premises for ACMs and what parameters to record in order to present the results in a usable format. The document defines the now commonly used terms: Management or Refurbishment or Demolition Surveys and sets a standard against which other survey standards can be judged.

HSG 264 states (but is not limited to) that the requirements for those undertaking surveys or sampling for asbestos include:

a. Appropriate training and experience, b. The ability to demonstrate independence, impartiality and integrity, c. An adequate level of quality control to achieve satisfactory quality assurance.

Appropriate training can be obtained on courses organised the British Occupational Hygiene Society (BOHS), specifically the P 402 proficiency module: Buildings Surveys and Bulk Sampling for Asbestos or the RSPH ATAC Asbestos Surveying Qualification.

HSG264 strongly recommends the use of UKAS Accredited inspection bodies for carrying out asbestos surveys. A list of these can be obtained at:

http://www.ukas.com/About-Accreditation/Accredited-Bodies/inspection-body-schedules.asp

The organisation will carry the mark:

Ensure the accreditation relates to asbestos

http://www.ukas.com/About-Accreditation/Accredited-Bodies/inspection-body-schedules.asp

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Organisations offering asbestos surveys should ensure that only adequately qualified, trained, and experienced personnel are allowed to carry out these activities.

Asbestos materials may not be identified during a survey for a variety of reasons, perhaps most commonly because the surveyor does not sample the material due to a wrong decision or judgement at the time or simply because the surveyor fails to observe the material. This may be due to a variety of reasons such as lack of competence, inadequate experience and/or training, over-reliance on personal judgement, a lack of diligence caused by undue pressure from inadequate planning or resources such as insufficient time and a non-systematic approach leading to random errors with surveying and paperwork. These issues can be largely overcome within a well planned and executed systematic survey, employing only fully qualified and experienced surveyors.

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7.0 ACTIONS TO PREVENT EXPOSURE TO, OR RELEASE OF, ASBESTOS FIBRES TO AIR

7.1 The actions to be taken to prevent exposure to or release of asbestos fibres to air may

include a combination of the following:

Identification

Risk Assessment

Labelling

Enclosure, encapsulation

Management

Training

Controlled and monitored abatement

Periodic re-inspection 7.2 Information on the presence or presumed location of asbestos materials will be held on

shared database, access to which will be given to employees and contractors by the asbestos co-ordinator.

7.3 Instructions on restrictions in areas containing asbestos or presumed to contain asbestos

materials will be given to those likely to come into contact with the said materials. 7.4 Appropriate Training will be given to Manor Multi Academy Trust employees who in the

course of their work activity manage areas containing asbestos materials or may come into contact with asbestos.

7.5 The Work in areas containing asbestos or presumed asbestos will be controlled via permit

systems. This is a good practice procedure and can be varied according to Manor Multi Academy Trust preferences.

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8.0 PROTOCOL FOR LABELLING OF IDENTIFIED AND PRESUMED ASBESTOS MATERIALS/AREAS

8.1 The protocol to be adopted for the labelling of identified and/or presumed asbestos materials/areas is:

a) An appropriate asbestos warning label attached to asbestos containing products.

b) The enclosure and appropriate asbestos notice to asbestos containing areas.

c) The isolation of asbestos and/or presumed asbestos areas with appropriate notices.

The wording of the labels and Manor Multi Academy Trust policy needs to be determined. This can be as simple as a standard warning label:

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9.0 PROCEDURE TO PREVENT CROSS CONTAMINATION OR RE-CONTAMINATION OF ABATED OR CLEAN AREAS

9.1 Access to, and disturbance within, those areas known or presumed to be contaminated by

asbestos shall be controlled by a permit to work. 9.2 The permit shall only be issued on the basis of a Manor Multi Academy Trust written scope

of works and receipt of an accepted contractors detailed method statement, plan of work and Risk Assessment. This can be added to the document when completed

9.3 All access and egress onto known or presumed areas containing asbestos shall include for

personal hygiene and decontamination procedures.

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10.0 REGULAR INSPECTIONS OF RETAINED ASBESTOS MATERIALS/AREAS TO CONFIRM CONDITION (IN REPAIR) AND RETENTION OF CONTROL MEASURES e.g. WARNING NOTICES

10.1 All retained asbestos materials in the premises demise will be inspected periodically as

stated in the asbestos survey (at least every 12 months) to ensure the integrity and state of repair of the material.

10.2 These inspections shall be undertaken by specialist staff or nominated external consultant

under the instruction of the asbestos Co-ordinator. Inspections shall be recorded in writing and logged in the asbestos register.

10.3 Manor Multi Academy Trust will be responsible for informing appropriate individuals of

any work they propose to carry out to the premises associated with any asbestos abatement and to provide their tenants with copies of all appropriate records on completion of the works.

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11.0 Procedure for Dealing with Asbestos

OR OR

Emergency Maintenance Work

General Enquiry

Manor Multi Academy Trust

/Contractor

Check Register

Not Specified

Non- Asbestos

Asbestos

Advise no asbestos precautions necessary

Update Register

Undertake works

Forward for review and comment

Request Method

Statement

What type of material?

Request Competent Laboratory to

Sample & Analyse

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11.1 PROCEDURES IN THE EVENT OF AN EMERGENCY AFFECTING ASBESTOS OR PRESUMED ASBESTOS MATERIAL

11.1 Action if any Person Suspects Presence of Asbestos 11.1.1 If the person is an outside contractor or a member of the public, the discovery of a

suspect asbestos containing material shall be notified to the site management and passed to the asbestos co-ordinator: James Rowden Manor Multi Academy Trust

11.1.2 If the person is an employee of Manor Multi Academy Trust or an external contractor,

he/she shall:

(i) Stop work immediately

(ii) Note the location, vacate the area and restrict access

(iii) Check for signs of personal contamination and/or the spread of asbestos dust and debris

(iv) Decontaminate if necessary

(v) Inform their immediate supervisor

(vi) The supervisor shall inform the asbestos co-ordinator as soon as practicable.

11.1.3 On receiving notification of suspected asbestos, the asbestos co-ordinator will:

(i) As soon as possible inspect the area

(ii) If he/she considers it necessary, arrange for a sample of the materials to be taken for analysis

(iii) Provide a written report of the results of the investigation

(iv) Give advice on any measures considered necessary to minimise the risk to health

in the interim period

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11.1.4 No person other than the asbestos co-ordinator, Site Manager or nominated consultant shall interfere with any suspect material and shall not do so without prior consultation with the same.

11.1.5 If the suspect material is, in the view of the Asbestos co-ordinator or his/her

representative, in very poor condition (i.e. extremely damaged) and is giving rise to airborne dust, then the area containing the material should be closed off by:

(i) Closing all doors and windows in the immediate vicinity;

(ii) Advising people not to enter the area or if they have to enter the area to spend the

minimum time possible in that area. Protective clothing and respiratory protective equipment will be provided if necessary by specialist contractor;

(iii) A notice is to be fixed to each entrance to the area bearing the legend "NO ENTRY

CONTACT JAMES ROWDEN” in red on a white background and of prominent size and location.– enter a name and number on the sign if required – the text can be as Manor Multi Academy Trust feel appropriate.

(iv) If external cordon off the area with barrier tape.

11.2 Action if Presence of Asbestos is confirmed

The action taken will be based on the risk to health posed by the location and condition and costs involved in removing or encapsulating.

The possible courses of action are:

(i) Leave alone and monitor condition on a regular basis - monthly intervals, or other

such period agreed with asbestos co-ordinator.

(ii) Leave the asbestos product in situ but seal it in an approved manner and inspect/monitor on a regular basis – (3 monthly intervals);

(iii) Remove asbestos product by a method approved by the asbestos co-ordinator for

that particular product and replace with a non-asbestos-containing substitute. 11.2.2 The consideration on which a choice of options is to be based on the Material Assessment

Score added to the Priority Assessment. The score provides a risk assessment on which to base the action.

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These include:

(i) Vulnerability - Is it in an area where it is likely to be physically damaged from impact or constant abrasion?

(ii) Friability - Is the material liable to crumble and release fibres?

(iii) Condition - Is the material in good condition? If so, is it likely to degrade in the

future?

(iv) Accessibility - Is the asbestos readily accessible? If it is not accessible, would removal cause more hazard from fibre release than encapsulation, sealing or leaving alone.

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12.0 PERIODIC REVIEW AND UPDATE OF ASBESTOS MANAGEMENT POLICY ASBESTOS REGISTER AND ASBESTOS RISK ASSESSMENTS

12.1 The Asbestos Management Policy and Procedures will be reviewed annually and when changes in legislation come into force or earlier if required by changes in the site conditions. The review process will involve full consultation within Manor Multi Academy Trust.

12.2 The Asbestos Register will be updated regularly to reflect further studies or abatement

actions. 12.3 Asbestos Risk Assessments will be reviewed regularly.

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13.0 SURVEYING - TYPE AND PURPOSE SAMPLING - STRATEGY AND INTERPRETATION

13.1 There are two types of asbestos survey available:

(i) Management Survey

Visual with Sampling (non-intrusive, non-destructive) (previously known as a Type 2.)

Provides data suitable for normal occupation and can be presumptive.

(ii) Pre-refurbishment / Demolition Survey

Intrusive with Sampling. (previously known as a Type 3 survey)

Provides comprehensive authoritative data and is required prior to structural alterations or demolition.

13.2 All planned further surveys of buildings structures and services will, as minimum, be a

Management Survey.

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14.0 SPECIFICATION FOR ABATEMENT WORK TO MEET WITH THE REQUIREMENTS OF FUTURE REDEVELOPMENT

SPECIFICATION AND MANAGEMENT 14.1 All works involving the disturbance of asbestos shall be carried out by a specialist

Consultant or Contractor who shall take into account all Statutory and Manor Multi Academy Trust’s requirements.

14.2 A Plan of Work, Method Statement, Monitoring and Clearance Testing Strategy must be

agreed with the asbestos co-ordinator prior to implementation. 14.3 The management and monitoring of all works involving the disturbance of asbestos based

materials shall be undertaken by the appointed Asbestos Consultant who will issue a detailed "Description of Works", which shall form part of the specification.

14.4 During "Asbestos Works" an approved monitoring strategy shall be implemented to

monitor and ensure effectiveness of all control measures being employed on site. It is the policy of Manor Multi Academy Trust to have the Asbestos Analyst employed directly by Manor Multi Academy Trust and not through the asbestos licensed contractor. (This is best practice and goes part of the way to ensuring independence). The analytical organisation must be accredited by UKAS to HSG 248. A list of testing laboratories is available at:

http://www.ukas.com/about-accreditation/accredited-bodies/Testing-laboratories-schedules.asp

The organisation will carry the mark:

Ensure the accreditation is for Asbestos Air Testing. 14.5 All areas subjected to disturbance of asbestos shall have clearance certification issued prior to

returning to normal occupation. The clearance certification shall be provided to the asbestos co-ordinator. The original copy must be kept on file for reference for 40 years.

http://www.ukas.com/about-accreditation/accredited-bodies/Testing-laboratories-schedules.asp

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15.0 DETAILED WORKING PROCEDURES TO BE DEVELOPED

15.1 Asbestos Removal Contractors 15.1.1 Only specialist outside contractors must undertake all work on asbestos. The appointed

contractor must hold a CURRENT LICENCE from the Health and Safety Executive Asbestos Licensing Unit.

15.1.2 The majority of licences are issued for three years but all new applicants are issued with

12-month licences and are required to submit a suitable written plan of work to the Enforcing Authority for each contract. Companies which change their name, are also required to take a twelve-month licence and any existing licence they may hold will be cancelled. A few licences are still on issue for 30 months or three years but no further such licences will be issued.

15.1.3 All licences are required to give minimum 14 days notice of intention to work on or

remove asbestos unless it is classed as Notifiable No-Licensable Work (NNLW). Work may commence within the 14-day notice period at the discretion of the Enforcing Authority.

15.1.4 The HSE Licensing Scheme does not attempt to grade contractors by competence and

there is no significance, in this respect, in the duration of licence held. HSE has found that competency depends more on local management of a contractor rather than the company itself. It is this reason that the Asbestos co-ordinator must be satisfied that the written plan of works and risk assessment are adequate and also that essential precautions are being observed at all stages of the contract.

15.1.5 Contractors method statements or written plan of work must detail how and where the

work will be carried out. The written plan of work must be retained after the work has been completed. In brief, the plan must include:

(i) The nature and probable duration of the work.

(ii) The location of where the work is to be carried out.

(iii) The methods of handling asbestos or asbestos materials.

(iv) Details of the protection and decontamination equipment utilised by the

contractor’s employees.

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(v) The methods and controls for the protection of staff and others near to the work site.

(vi) What segregation and signage will be utilised for the work area.

(vii) Asbestos waste disposal.

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16.0 LEGISLATION AND CONTROLS FOR ASBESTOS IN RELATION TO OCCUPATIONAL HEALTH AND SAFETY AND THE ENVIRONMENT

16.1 HEALTH & SAFETY AT WORK ETC ACT 1974

Section 2 (1)

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Section 2 (2) d (the same duty extends)

To any place of work under the employers control to be maintained in a condition that is safe and without risk to health.

Section 3 (1) requires that every employer is to conduct his undertaking in such a way as to ensure that persons not in his employment who may be affected are not exposed to risk of health and safety.

16.2 THE MANAGEMENT OF HEALTH & SAFETY AT WORK REGULATIONS 1992 (as amended

1999)

Regulation 3

Every employer shall make a suitable and sufficient assessment of:

a) Risks to his employees

b) Risks to persons not employees but affected by his undertaking. 16.3 WORKPLACE, HEALTH & SAFETY WELFARE REGULATIONS 1992

Regulation 5 (1)

The workplace shall be maintained in an efficient state, in efficient working order and in good repair.

16.4 OCCUPIERS’ LIABILITY ACT 1957

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The occupier of a premises owes a duty of care to all his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them.

16.5 ENVIRONMENTAL PROTECTION ACT

Defines contaminated land as: “any land which appears to the local authority in whose area it is situated to be in such a condition, by reason of substances, on or under the land, that:

(a) Significant harm is being caused or there is a significant possibility of such harm

being caused, or;

(b) Pollution of controlled water is being or is likely to be caused.” 16.6 Guidance on dealing with asbestos is given in:

a) Department of the Environment, Transport and the Regions Asbestos and man-made mineral fibres in buildings practical guidance. Published February 2000.

b) HSG264 The Survey Guide, HSG248 The Analysts Guide, L227 A Comprehensive

Guide to Managing Asbestos.

c) Interdepartmental committee on the Redevelopment of Contaminated Land. ICRCL Guidance Note 64/85 Second Edition. October 1990 Asbestos on Contaminated Sites.

16.7 The Control of Asbestos Regulations 2012

For regulatory purposes in Great Britain, work with asbestos materials is strictly controlled by the Control of Asbestos Regulations 2012 (CAR). These CAR apply to all work with asbestos.

Before starting any work with asbestos, or where asbestos is present, CAR requires an assessment to be made by a competent person with respect to the likely exposure to employees.

There is no known ‘safe level’ of exposure to asbestos and the CAR require:

a) Regulation 8 – Prevention or reduction of exposure to asbestos.

b) Regulation 12 – Duty to prevent or reduce the spread of asbestos.

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The CAR specifies a Control Limit for work with asbestos where an assessment identifies that the Control Level will be exceeded. This triggers implementation of further regulations of the CAR.

A Control Limit is a respirable concentration of asbestos in air averaged over any continuous four hour period to which employees must not be exposed unless they are wearing suitable respiratory protective equipment. There is one control limit for both Amphibole (e.g. Amosite and Crocidolite) and Serpentine (Chrysotile) asbestos of 0.1 fibres per millilitre.

It should be noted that the concentrations of asbestos detailed above relate to concentrations in the atmosphere when measured or calculated by a method approved by the Health and Safety Commission i.e.: HSG 248 – The Analysts Guide Sampling and Evaluation by Phase Contrast Optical Microscopy (PCM).

Such air sampling and analysis should be carried out by laboratories which can demonstrate they conform to EN45001 by accreditation with a recognised accreditation body (as now required by Regulation 15A of the current Control of Asbestos at Work Regulations).

The first priority is to prevent the liberation of asbestos fibres to air. This is achieved by:

a) identification as to the type, condition and extent of the asbestos.

b) containment by encapsulation, enclosure or abatement.

c) unless abatement is undertaken the asbestos, whether encapsulated or enclosed should be labelled and the area barriered to prevent uncontrolled access.

d) airborne fibre levels in concentrations greater than 0.01 f/ml should be investigated to

identify their source.

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17.0 ASBESTOS MANAGEMENT PLAN

Issue/Action point How By Whom When

Implement policy

Convey contents to employees and contractors. Instigate training programme where required.

Asbestos Co-ordinator 26th September 2017

Action recommendations from survey reports

As stated in asbestos report.

Asbestos Co-ordinator 26th March 2017

Regular inspections and on-going updating of register

Review all re-inspection dates stated within report.

Asbestos Co-ordinator or Site Manager

Every Three Months

Ensure asbestos management policy and procedures are updated

Review

Asbestos Co-ordinator Minimum 12 months or change in legislation

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APPENDIX I

Register

and

Uses of Asbestos

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Sample number

Location Item Approx. quantity

Material assessment

score

Priority Assessment

Score Action

Non-accessed item 3

Building One G.03 - 201 - Office ACMs within safes

2no. 12 2.7 Manage until safe are removed

- Inspect every 12 months

Non-accessed item 4

Building One G.04 - 305 - Reading Area and Circulation

ACMs within storage heater

1no. 12 3.3 Manage until intrusive action is required


Non-accessed item 6

Building One G.06 - 110 - Classroom ACMs within storage heater

1no. 12 3.3 Manage until intrusive action is required


Non-accessed item 56

Building One G.56 - 811 - Cleaners Cupboard

ACMs within fuse switch

1no. 12 2.3 Manage until removal is required



Building One G.85 - 304 - Meeting Room ACMs within fuse switch



AY005000 Building One Z1.28 - Boiler Room Floor debris 75m² 10 5.3

Carry out an environmental clean as soon as practicable. The floor is not to be disturbed i.e. swept, drilled, etc.



Building One Z1.28 - Boiler Room ACMs within boilers



AY005006 Building One Z1.28 - Boiler Room Gaskets 20no. 5 3 Manage until removal is required



Building One Z1.28 - Boiler Room ACMs within chimney

2no. 12 1.3 Manage until removal or access is required



Building One Z1.28 - Boiler Room ACMs within kiln



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Sample number

Location Item Approx. quantity

Material assessment

score

Priority Assessment

Score Action

AY005011 Building One E.01 - Externals Cement under cloak

50lm 4 0.7 Manage until removal or repair to the roof is required


Presumptive Sample 133

Building One E.01 - Externals ACMs within skylights

20lm 6 0 Manage until removal is required

- Inspect every 12 month


Building One R.04 - Roof Void Inaccessible 12 2 Further investigation upon access within the roof void







AY005014 Building One E.01 - Externals Cement pipe 1lm 4 4 Remove as soon as practicable

- Inspect every 12 month

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USES OF ASBESTOS

Asbestos is the generic term for the following minerals: Crocidolite, Amosite, Chrysotile, fibrous Actinolite, fibrous Anthophyllite, fibrous Tremolite and any mixture containing any of these materials. These materials may be dangerous to health if they are damaged or disturbed in such a way that asbestos dust is created, which can be inhaled. Persons exposed to the inhalation of asbestos fibres have an increased risk of developing lung cancer, asbestosis and Mesothelioma. Although the use of materials containing friable asbestos has virtually been eliminated in new constructions, many existing premises contain these materials. Asbestos was used for many applications, including sprayed fire proofing on columns, ducts and beams, sprayed thermal and acoustic installation, roof sheets and pipe and boiler insulation. This material is now of an age that it requires maintenance or replacement. The presence of asbestos materials does not necessarily constitute a hazard. In some cases, risk from the removal process may be greater than if the insulation was left in place, effectively sealed. Therefore, asbestos materials which are sound and undamaged should not be removed unless absolutely necessary.

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Asbestos Cement

A widely used material consisting of 10%-12% white asbestos bonded into Portland cement. The material is hard and non-friable and fibre release will only occur if the material is mechanically damaged or deteriorates with age. The low fibre content and well bound matrix make asbestos cement products much less likely to generate fibres than other asbestos products. Moulded Asbestos Cement Products - White Asbestos 10%-15% Cable trough and conduit Guttering and rainwater pipes Cisterns and tanks Ventilators and ducts Drains and pressure pipes Fencing Vent and flue pipes Plant tubs and boxes Flat and corrugated sheeting Sheeting has been widely used in agricultural and sectional buildings whilst corrugated sheeting is used for roofing and wall cladding. Uncoated asbestos cement sheeting is light grey in colour and has a matt finish.

Asbestos Insulating Board Manufactured under brand names such as Asbestolux, Turnabestos, LDR and Marinite. It has the appearance of a grey or off-white tile or board, normally 6-12mm thick containing 15%-25% asbestos mixed in a calcium silicate or cement base. Amosite was the main form of asbestos used but some boards contain a mixture of Chrysotile and Amosite. In good condition, insulating board gives little or no fibre release and is of no cause for concern. However, it has potential for fibre release if it has to be disturbed or is mechanically damaged. Typical uses included linings for walls and roofs for fire protection, internal partition construction (again for fire protection), duct and pipe covers, suspended ceilings, fire doors, soffits, porch and canopy linings and for other semi-exposed areas.

Sprayed Asbestos Coating A soft material vulnerable to damage containing 55%-85% asbestos used to provide fire protection, acoustic control and condensation control to structural steelwork. Up to 1970 any of the three types of asbestos may have been used. In the period 1970-1974 only white or brown asbestos were used. No sprayed asbestos coatings were used after 1974.

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Asbestos Lagging Lagging is a term which covers a wide range of materials including pipe sections, slab, rope, tape, corrugated asbestos paper, quilts, felts, blankets and plastered cement. The asbestos content can be anything up to 100% depending on the material and its usage. Any of the three main types of asbestos may have been used but blue asbestos was rarely used on its own. Surveys have shown that installations in good condition do not emit hazardous fibres unless subjected to mechanical disturbance. Asbestos based lagging has been used in public buildings, factories and hospitals, mainly for boilers and pipework. It has been found in houses (rarely) and in some flats with early central heating systems.

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APPENDIX II

STATUTORY/GENERAL OBLIGATIONS AND RECOMMENDATIONS

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Statutory/General Obligations and Recommendations

In considering undertaking Asbestos works all welfare and safety measures required under or by virtue of the provisions of any enactment or regulations and amendments or the working rules of any industry are to be strictly complied with. The Asbestos Removal Contractor shall ensure that all welfare and safety measures required under or by virtue of the provisions of any enactment or regulations and amendments or the working rules of any industry are strictly complied with Attention is drawn in particular to the following which is not to be considered as exhaustive or the most current available. Where any of the details listed have been superseded the most recent applies.

1. The Control of Asbestos Regulation 2012 2. HSG 264 The Survey Guide 3. Consumer Protection, The Asbestos Products (Safety) Regulation 1987. 4. HSG 248 The Analysts Guide 5. L227 A Comprehensive Guide to Managing Asbestos 6. Approved Code of Practice "Work with Asbestos, Asbestos Coating and Asbestos

Insulating Board" (3rd Edition) (L28). 7. Approved Code of Practice "The Control of Asbestos at Work" (3rd Edition) (L27). 8. IND (G) 187: - Asbestos Dust. 9. IND (G) 107 - Asbestos and You. 10. IND (G) 188 - Asbestos for Building Maintenance, Repair & Refurbishment. 11. C D 97 Asbestos - Worker Protection and Further Prohibitions. 12. IND (G) 223 - Managing Asbestos in Workplace Buildings. 13. Health and Safety Executive Guidance Note EH10 "Asbestos - Exposure Limits and

Measurement of Airborne Dust Concentrations” 2001.

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14. Health and Safety Executive Guidance Note EH35 "Probable Asbestos Dust Concentrations at Construction Processes" December 1989. 15. Health and Safety Executive Guidance Note HSG189/2 "Working with Asbestos

Cement" second edition 1999. 16. Health and Safety Executive Guidance Note EH37 "Work with Asbestos Insulating

Board" December 1989. 17. Health and Safety Executive Guidance EH41 "Respiratory Protective Equipment for

use Against Asbestos" November 1985. 18. Health and Safety Executive Certificate of Approval F246 (Respiratory Protective

Equipment). 19. Health and Safety Executive Guidance Note HSG 173 "Monitoring Strategies for

Toxic Substances 1997. 20. Health and Safety Executive Guidance Note EH44 "Dust: General Principles of

Protection" January 1991. 21. Health and Safety Executive Guidance Note EH46 "Exposure to Mineral Wools" June

1986. 22. Health and Safety Executive Guidance Note EH47 "The Provision, Use and Maintenance of

Hygiene Facilities for Works with Asbestos Insulation and Coatings" September 1986. 23. Health and Safety Executive Guidance Note EH50 "Training Operatives and Supervisors for

Work with Insulation and Coatings" March 1988. 24. Health and Safety Executive Guidance Note EH51 "Enclosures Provided for Work with

Asbestos Insulation, Coatings and Insulation Board" January 1989. 25. Health and Safety Executive Guidance Note EH52 "Removal Techniques and Associated

Waste Handling for Asbestos Insulation, Coatings and Insulation Board" December 1989. 26. Health and Safety Executive Guidance Note EH57 "The Problems of Asbestos Removal at

High Temperatures" December 1992. 27. Health and Safety Executive Methods for the Determination of Hazardous Substances

MDHS 39/4 "Asbestos Fibres in Air. Light Microscope Methods for use with the Control of Asbestos at Work Regulations" November 1995.

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28. Health and Safety Guidance Note MS13 "Asbestos" April 1988. 29. Health and Safety Guidance Note GS5 "Entry into Confined Spaces" July 1997. 30. The Construction (Working Places) Regulations 1966. 31. The Construction (Lifting Operations) Regulations 1961. 32. The Construction (General Provisions) Regulations 1961. 33. The Construction (Health, Safety and Welfare) Regulations 1996. 34. The Construction (Working Places) Regulations 1966. 35. The Construction (Head Protection) Regulations 1989. 36. Health and Safety Executive Guidance Note PM32 The Safe Use of Portable Electrical

Apparatus (electrical safety) (Revised Nov 1990) Department of the Environment Secretary of State Guidance Asbestos Processes (July 1991).

37. The Electricity at Work Regulations 1989. 38. EEC Council Directive 90/394/EEC of 28 June 1990. "The Carcinogens Directive". 39. EEC Council Directive 91/382/EEC of 25 June 1991 on "The Protection of Workers from

Risks Related to Asbestos at Work". 40. EC Council Directive 98/24/EC, 7 April 1998 “The Chemical Agents Directive”. 41. The Factories Act 1961. 42. Health and Safety at Work etc Act, 1974. 43. The Control of Pollution Act 1984. 44. The Environment Protection Act 1990. 45. The Management of Health and Safety at Work Regulations 1999. 46. The Workplace Health, Safety and Welfare Regulations 1992.

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47. Provision of Use of Work Equipment Regulations 1992. 48. Personal Protective Equipment at Work Regulations 1992. 49. Manual Handling Operations Regulations 1992. 50. Local Water Authority Regulations (The Asbestos Removal Contractor shall provide

full precautions to comply with any back siphonage requirements imposed by the Water Authority).

51. The Control of Substances Hazardous to Health Regulations 2002. 52. The Environmental Protection Act 1990. 53. Special Waste Regulations 1996. 54. Health and Safety - The Chemicals (Hazard Information and Packaging) Regulations 1996. 55. Health and Safety - The Road Traffic (Carriage of Dangerous Substances in Road Tankers

and Tank Containers) Regulations 1992. 56. Institute of Waste Management. Code of Practice for the Disposal of Asbestos Waste

October 1988. 57. Environmental Protection Act 1990. Waste Management. The Duty of Care. A Code of

Practice. 58. Waste Management Licensing Regulations 1994. 59. The Construction Design & Management Regulations 2015. 60. The Health & Safety (Safety Signs & Signals) Regulations 1996. 61. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. 62. Health and Safety Executive Guidance Note HSG 189/1 “Controlled Asbestos Stripping

Techniques for work requiring a licence” second edition 1999.

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We hope that you have found this document helpful.

If you would like any further assistance or support please do not hesitate to contact us: If you have been impressed with the service you have received so far, we can also be of assistance in other areas including:

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Standard Terms & Conditions

Interpretation In these conditions: ‘MANOR MULTI ACADEMY TRUST’ means the person who accepts a quotation of the Company for the provision of the Services or whose order for the Services is accepted by the Company. ‘COMPANY’ means Riverside Environmental Services Ltd (registered in England under number 04620034). ‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Manor Multi Academy Trust and the Company. ‘CONTRACT’ means the contract between the Manor Multi Academy Trust and the Company for the provision of the services which will incorporate these Conditions. "OUTPUT MATERIAL" means data, drawings, plans, documents, test results and other information prepared by the Company in relation to the Services. ‘SERVICES’ means the provision of consultancy, testing, survey, training, inspection or other services for which the Company undertakes to perform for the Manor Multi Academy Trust under the Contract. ‘WRITING’ includes electronic mail, facsimile transmission and comparable means of communication. Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. The headings in these Conditions are for convenience only and shall not affect their interpretation. Basis of the sale The Company shall provide the Services and the Manor Multi Academy Trust shall pay for the same in accordance with any written quotation or tender of the Company which is accepted by the Manor Multi Academy Trust, or any written order of the Manor Multi Academy Trust which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions. No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Manor Multi Academy Trust and the Company. The Company’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by the Company in Writing. In entering into the Contract the Manor Multi Academy Trust acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company. Orders and specifications No order submitted by the Manor Multi Academy Trust shall be deemed to be accepted by the Company unless and until confirmed in Writing by the Company’s authorised representative. The Manor Multi Academy Trust shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Manor Multi Academy Trust, and for giving the Company any necessary information relating to the Services within a sufficient time to enable the Company to perform the Contract in accordance with its terms. The Company reserves the right to make any changes in the specification of the Services which are required to conform with any safety or other statutory requirements. No order which has been accepted by the Company may be cancelled by the Manor Multi Academy Trust except with the agreement in Writing of the

The Company shall use all reasonable endeavours to meet any performance dates specified in the Contract, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. Assignments and Sub-Contracting The Company will perform the Services using its own staff. However, the Company reserves its right to sub-contract the whole or part of the work and will notify the Manor Multi Academy Trust accordingly. Price of Services The price of the Services shall be the Company’s quoted price. All prices quoted are valid for 30 days only or until earlier acceptance by the Manor Multi Academy Trust, after which time they may be altered by the Company without giving notice to the Manor Multi Academy Trust. The Company reserves the right by giving notice to the Manor Multi Academy Trust at any time before commencement of the Services, to increase the price of the Services to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), or any delay caused by any instructions of the Manor Multi Academy Trust or failure of the Manor Multi Academy Trust to give the Company adequate information or instructions. Value Added Tax (“VAT”) will be added to all charges at the rate applicable at the tax point at the time of invoice. Where the Manor Multi Academy Trust is registered for VAT within the European Union but outside the United Kingdom the work will be zero-rated provided the Company has been notified of the Manor Multi Academy Trust’s VAT registration number. If the Manor Multi Academy Trust is not registered or the Company has not been so notified prior to the time of invoicing, VAT at the rate applicable at the tax point shall become payable. Terms of payment Subject to any special terms agreed in Writing between the Manor Multi Academy Trust and the Company, the Company shall be entitled to invoice the Manor Multi Academy Trust for the price of the Services on or at any time after commencement of the same. The Manor Multi Academy Trust shall pay the price of the Services and all VAT thereon where applicable (but without any other deduction) within 30 days of the date of the Company’s invoice in pounds sterling. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request. If the Manor Multi Academy Trust fails to make any payment on or before the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to: (a) cancel the Contract or suspend any further provisions of the Services to the Manor Multi Academy Trust. Any such period of suspension shall be disregarded for the purpose of contractual time limits previously agreed for the completion of the Services; (b) under the Late Payment of Commercial Debts (Interest) Act 1998, charge the Manor Multi Academy Trust interest. Such interest shall accrue from the due date until actual payment (both before and after any judgement) on the amount unpaid, at the rate the higher of 4% per annum above base rate from time to time or the rate applicable under the Late Payment of Commercial Debts (Interest) Act 1998, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest); and (c) charge the Manor Multi Academy Trust the costs of recovery of any outstanding amount including legal costs and disbursements and charge any bank charges incurred on representing cheques or requesting special clearance thereof.

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Company and on condition that the Manor Multi Academy Trust shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as the result of cancellation.

Force Majeure The Company shall not be liable to the Manor Multi Academy Trust or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any events, circumstances or causes beyond the Company’s reasonable control.

Accuracy Any results provided by the Company comprising advice data and conclusions are based on information supplied by the Manor Multi Academy Trust and evidence known at the time to the Company. The Manor Multi Academy Trust shall supply all necessary information, data, drawings and items necessary within the timescale required by the Company and shall arrange, at the Manor Multi Academy Trust's expense and risk, for the conveyance of all test items to and from the Company’s laboratories unless the conveyance of samples and other items is specified as being within the Company’s responsibilities in the Contract. All data provided, conclusions reached, or recommendations made by the Company rely on scientific and engineering concepts disciplines and procedures used or adopted by the Company and the Company does not warrant that the same will necessarily be achieved by other parties, or that such conclusions or recommendations will necessarily be valid in circumstances other than those of which the Company has direct experience. All results are believed to be accurate and reliable subject to the limitations of normal experimental uncertainties. Any report produced by the Company for the benefit of the Manor Multi Academy Trust relates solely to the goods or samples reported on and not bulk from which the goods or samples were drawn. Confidentiality and Intellectual Property The property, and any copyright, design rights or other intellectual property rights in any Output Material shall, unless otherwise agreed in Writing between the Manor Multi Academy Trust and the Company, belong to the Company, but the Manor Multi Academy Trust shall be entitled to use the Output Material for the purposes of utilising the Services by way of an exclusive licence, subject to payment in full of all sums payable under this contract. Any information provided by the Manor Multi Academy Trust which is so designated by the Manor Multi Academy Trust and any Output Material shall be kept confidential by the Company, and all Output Material or other information provided by the Company which is so designated by the Company shall be kept confidential by the Manor Multi Academy Trust; but the foregoing shall not apply to any documents or other materials, data or other information which either party is required to disclose by law or by statutory requirements or which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party. The Output Material is prepared exclusively for the Manor Multi Academy Trust for the purposes of the Contract and may not under any circumstances be used by any third party. The Company is not liable for any Output Material so used and the Manor Multi Academy Trust shall indemnify the Company against all liability and loss, damages and expenses awarded against or incurred by the Company in connection with any claims by third parties in connection with such use of the Output Material. While the Company is not aware, to the best of its knowledge, that any Output Material is in infringement of any design rights, copyright or other intellectual property rights of any third party, it does not give any particular warranty in this respect.

Warranty and Limitation of Liability The Company warrants to the Manor Multi Academy Trust that it is accredited by appropriate bodies including UKAS for asbestos testing and inspection, and that asbestos services (with the exception of advice and consultancy) will be provided in accordance with the accredited procedures of UKAS. Except as expressly provided in this Contract and so far as is permitted by statute all warranties, conditions, guarantees or representations, express or implied, statutory or otherwise are hereby excluded, and the Company shall not be liable for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or due to or caused by any defects or deficiencies of any sort in the Services, (including any delay in providing or failure to provide the

or deficiencies of any sort in the Services whether such defects or deficiencies are caused by the negligence of the Company or its employees or agents or otherwise. The Company shall have no liability to the Manor Multi Academy Trust for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Manor Multi Academy Trust which are incomplete, incorrect, inaccurate, or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Manor Multi Academy Trust. No liability is accepted by the Company for loss or damage howsoever caused to any goods or samples submitted for examination by the Manor Multi Academy Trust. Following examination of the goods or samples the remainder will only be returned to the Manor Multi Academy Trust upon written request. Unless the Company receives notice in Writing to the contrary the Company shall be entitled to dispose of all goods or samples within 6 months of the completion of the Contract. Nothing in this Contract shall limit or exclude the Company's liability for death or personal injury resulting from the negligence of the Company or that of its employees or agents. The entire liability of the Consultancy under or in connection with the Agreement, including interest claims, shall not exceed a multiple of 10 (ten) times the amount received by the Company for the provision of the Services under the Contract. The Manor Multi Academy Trust shall indemnify and keep the Company indemnified against all costs, expenses, damage or other losses incurred or suffered by the Company as a result of any claims made against the Company due to the infringement of any regulation, enactment or legislation by the Manor Multi Academy Trust. The Manor Multi Academy Trust is under a duty to mitigate any losses howsoever caused. The Manor Multi Academy Trust acknowledges and agrees that the limitation of liability contained in this clause is: (a) fair and reasonable; (b) reflected in the level of charges and of insurance cover carried by the Company; and (c) just and equitable having regard to the extent of the responsibility of the Company for any loss or damage suffered, on the basis that all other consultants, the contractor and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the Manor Multi Academy Trust on terms no less onerous than those contained in this Contract. If the Manor Multi Academy Trust becomes aware of any circumstances which might lead to a claim against the Company under this Contract (whether as a result of a defect in the Services or Output Material, a potential claim against the Manor Multi Academy Trust by a third party (TP Claim) or otherwise) or if the Company is otherwise required to indemnify the Manor Multi Academy Trust under this Contract, the Manor Multi Academy Trust shall notify the Company in writing of any such claim or TP Claim immediately and prior to beginning any corrective or investigatory works, or allowing any such works to take place. The Manor Multi Academy Trust shall: (a) not, without prior consultation with the Company, incur any costs or expense relating to such claim or TP Claim; (b) allow the Company, at its own cost, to conduct all necessary investigations and necessary corrective works to resolve such claim or TP Claim; (c) allow the Company, at its own cost, to conduct all negotiations and proceedings and to settle the TP Claim, always provided that the Company shall obtain the Manor Multi Academy Trust’s prior approval of any settlement terms, such approval not to be unreasonably withheld or delayed; (d) provide the Company with such reasonable assistance regarding such claim or TP Claim as is required by the Company, subject to reimbursement by the

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Services) whether such defects or deficiencies are caused by the negligence of the Company or its employees or agents or otherwise.

The Services are provided to and for the benefit of the Manor Multi Academy Trust exclusively and all collateral warranties are hereby excluded. The Company shall not be liable to any third party who seeks to use the Services without the Company's express written permission for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of or due to or caused by any defects

Company of the Manor Multi Academy Trust’s reasonable costs so incurred; and (e) not, without prior consultation with the Company, make any admission relating to the TP Claim or attempt to settle it, provided that the Company considers and defends the TP Claim diligently, using competent counsel and in such a way as not to bring the reputation of the Manor Multi Academy Trust into disrepute. Publicity The Company’s name shall not be used in connection with the Contract for purposes of publicity, promotion or advertising without the prior Written approval of the Company. The Company may publish or join in publishing any description or illustration of the works with the prior consent of the Manor Multi Academy Trust.

asbestos management - manor mat · 2.0.11 regular audits will be carried out by the asbestos...

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