Asbestos Policy

1. Introduction

1.4. Use of asbestos was banned in the U.K between 1985 and 1999. Premises built after 2000 should be free of asbestos containing materials.

1.5. Although the use of asbestos is banned the legacy of past usage remains within buildings leaving a potential problem requiring careful management.

1.6. The Control of Substances Hazardous to Health Regulations 2002 (COSHH) requires employers to manage and control risks from exposure to substances that may affect their health.

1.7. The Control of Asbestos Regulations 2012 (CAR 2012) sets out the responsibilities and the duty to control and manage asbestos in non-domestic premises (communal areas within domestic buildings, garages, offices).

1.8. The Health and Safety at Work Act 1974 (HASAWA 1974) places specific duties on employers to ensure the health, safety, and welfare of employees, as well as the health and safety of other persons who may be affected by their work activities.

1.9. Under the Management of Health and Safety at Work Regulation 1999 (MHSAW 1999) employers must assess significant risks to the health and safety of both employees and other persons who may be affected by their work activities.

1.10. This means that B3 Living have a duty to identify and manage asbestos in any situation where workers may be asked to undertake repairs/maintenance bring into scope internal domestic dwellings.

1.11. Failure to comply with the requirement of this policy is a disciplinary offence.

2. Scope

2.1 The scope of this policy is:

► This policy applies to all buildings and properties where we have a duty to manage asbestos.

2.2 B3Living recognises that compliance with this policy will assist it in achieving workplace safety and compliance with relevant legislation.

2.3 B3Living is the ‘duty holder’ in relation to the Control of Asbestos Regulations 2012 and accepts its responsibilities under this regulation.

2.4 In meeting its responsibilities B3Living will work toward reducing the risks from asbestos and asbestos containing materials in its business premises and its residential properties.

2.5 Sufficient resources will be made available to ensure that B3Living meets its responsibilities in relation to managing and controlling asbestos.

2.6 For those buildings where B3Living is not a duty holder for asbestos this policy and associated management plan are out of scope. However, as part of our continuing due diligence B3Living will request asbestos documentation from the duty holder or its managing agent.

3. Responsibilities

3.1 The Board has responsibility for ensuring this policy and its associated management plan are implemented.

3.2 The Chief Executive, through the Executive Director (Operations), is responsible for the effective implementation of the Asbestos Safety Policy.

3.3 The day-to-day responsibility for implementing the policy lies with the Executive Director (Operations) in conjunction with the Head of Asset Management and Compliance, the Head of Repairs and the Property Manager (Capital Works and Voids).

3.4 All employees are responsible for protecting their own health and safety and must comply with the points set out in this policy.

4. Aims and Objectives

4.1 Duty to Manage

4.2 The aim of the policy is for B3Living to ensure the safety of its employees, tenants, customers, and anyone else who may be impacted by our work.

4.3 To achieve the above we will comply with: -

► Control of Asbestos Regulations 2012

► Health and Safety at Work etc. Act 1974

► Health and Safety at Work Regulation 1999

► Control of Substances Hazardous to Health Regulations 2002 (COSHH)

► Occupiers Liability Acts 1957 and 1984

4.3 Our primary objective is to ensure that customers, contractors, staff, and visitors remain safe in our premises (both domestic and non-domestic). Failure to properly discharge our legal responsibilities may also result in:

► Prosecution under the Health and Safety at Work Act 1974, or Corporate Manslaughter and Corporate Homicide Act 2007.

► Regulatory intervention by the RSH.

► Reputational damage and loss of stakeholder confidence

4.4 Set out how B3Living will meets its legal obligations.

4.5 Comply with the law so as to avoid prosecution, avoid regulatory judgements and to avoid civil claims.

4.5.1 In complying with regulations on asbestos B3Living will take reasonable steps to find out if asbestos is present in its properties and in what quantity, its location, and its condition.

4.5.2 B3Living will presume asbestos is present unless there is evidence that it is not asbestos.

4.5.3 B3Living will record the location, quantity and condition of asbestos or presumed asbestos and keep this record up to date.

4.5.4 B3Living will assess the risks of anyone being exposed to asbestos.

4.5.5 B3Living has prepared a plan that sets out the detail of how it will manage the risks from asbestos. It will implement the plan and periodically review it.

4.5.6 B3Living will provide information on the location and condition of asbestos containing materials to anyone who is likely to work on or disturb it.

4.5.7 All staff, Board members and contractors will co-operate as far as necessary to allow B3Living to carry out its responsibilities as the duty holder.

4.6 Asbestos Management Plan

4.6.1 B3Living has prepared an Asbestos Management Plan (AMP) that sets out the detail on how it will carry out its responsibilities as the duty holder.

4.6.2 For the avoidance of doubt this AMP is not the management plan referred to in CAR 2012. Those management plans are building specific and need to be recorded for each building where asbestos is present.

4.6.3 The plan defines the roles and responsibilities of those staff within the organisation in relation to asbestos and the level of instruction, training and information required to allow staff to undertake their duties.

4.6.4 The plan also sets out the requirements of its staff and contractors including those who are specifically tasked to carry out asbestos related work and those who carry out maintenance that could disturb asbestos.

4.6.5 The plan defines how B3Living will manage asbestos in its properties including surveying, monitoring, removal, and encapsulation.

4.6.6 As with any plan, however robust, there may be on occasion accidental disturbance of asbestos. Taking this into account the plan defines the procedures and methods in dealing with an accidental release of asbestos.

4.7 Asset Data

4.7.1 B3Living acknowledge that to meet our obligations we must maintain a robust approach to identifying the assets and components for which we have responsibility.

4.7.2 We will:

► Maintain an up-to-date Master Database of all properties that have the potential for asbestos to be present.
► For each relevant property, record and maintain up to date data confirming where asbestos may be present within the scope of this Policy, exist and does not exist and the organisation’s associated responsibility.
► Where a requirement exists, hold data and survey data relating to at a minimum the two inspections and the next due date.
► Where a requirement does not exist hold appropriate evidence.
► Maintain current and up to date records of remedial works for the entire portfolio, which will detail all recommendations from the inspections. These records will include (i) address and risk profile of the property, (ii) detail of the work item required, (iii) priority and target completion date/s, (iv) person responsible, (v) date of when the work was completed and (vi) who it was signed-off by and (vii) evidence of completion.

Further details will be contained within the AMP.

4.8 Tenants Responsibilities

4.8.1 As part of their tenancy conditions tenants must allow B3Living access to carry out essential works, including any asbestos survey or re-inspection. Failure to allow access can result in action being taken against the tenant to grant access, including as a last resort obtaining a court injunction.

4.8.2 B3Living will take every step deemed reasonable to work with the tenant to gain access before taking any court action.

4.8.3 Details of the steps to gain access can be found in the AMP.

4.9 Communication

4.9.1 At commencement of a tenancy B3Living issues the new tenant with a copy of any information it holds regarding the presence of asbestos within the property.

4.10 Summary

4.10.1 B3Living will:

► Manage the risks from asbestos throughout its premises that it leases, manages, or owns.

► Protect staff, residents, contractors, and visitors in those premises from exposure to asbestos.

► Keep an up-to-date record of asbestos in its properties and maintain the record.

► Plan on how to manage asbestos in its properties and act on the plan.

5. Equality, diversity, and inclusion

5.1.1 This important safety policy is applied as consistently as possible, across all homes with the potential for the presence of asbestos, to ensure the safety of customers and the responsibilities of B3Living are delivered.

5.1.2 Where customers have particular needs, or are coping with particular circumstances, B3Living will try to assist and support customers, or their representatives or support agencies, in meeting responsibilities and to ensure the smooth application of this policy and related processes. However, where legal timescales are exceeded, or at risk of being exceeded, it will be explained that B3Living cannot avoid taking action to ensure safety is maintained and legal action will be taken where needed.

5.1.3 An initial equality impact assessment has been completed and no adverse negative impacts have been found that cannot be mitigated.

6. Data protection and information security

6.1.1 Basic personal data will be supplied to relevant contractors for inclusion in their database. This will be achieved in compliance B3Livings data protection policies, register of processing activities and its data sharing agreement with the contractor.

7. Customer voice

7.1.1 Feedback from customer complaints or compliments will be reviewed, and changes considered where possible or relevant. However, this policy delivers a legal requirement with which B3Living is bound to comply and as such we have not asked our customers to feedback on this policy.

8. Compliance

8.1.1 The Regulator of Social Housing (RoSH) and the RoSH Consumer Standards places specific duties on Landlord’s to ensure the health, safety and welfare of tenants, visitors, and employees, as well as the health and safety of other persons who may be affected by asbestos.

8.1.2 B3Living will also comply with the legislation stated in section 1.

8.1.3 Failure to comply with the requirement of this policy is a disciplinary offence.

9. Risk Management

9.1 The potential risks relating to this policy have been identified and are being managed in line with our Risk Management Policy.

9.2 The Board reviews its risk appetite in key areas of the business annually.

10. Health and safety considerations

10.1 This policy is key to fulfilling our health and safety obligations.

11. Linked policies, procedures, and guidance

• Asbestos Management Plan
• TBT 6 - Asbestos
• TBT 10 - COSHH
• Health and Safety Policy 
• Electrical Safety Management Plan (ESMP)
• Risk Management Policy
• Fire Safety Management Policy (FSMP)