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Posted By Damien Bufton
I am currently employed as a H&S Officer in a Local Education Authority (LEA).
I have been largely involved in developing the Asbestos Management Policy, Procedures etc and delivering awareness training.
As the Landlord, the LEA have recognised its responsibility for asbestos management and as such, have undertaken an asebstos surveying programme (Type 2) on all of our schools, irrespective of whether the Heads retain full budgetary control or not. Also, once the survey report is issued, the Headteachers receive an official handover of the survey with a Building Professional which basically goes through the survey page by page (even word for word). Moreover, the Bldg Professional assists the Head in developing a Management Action Plan (MAP) for all asbestos identified in the survey.
From there the Head then must implement the MAP - financial assistance is available to schools in most circumstances.
I, acting for the LEA, monitor what schools do with asbestos and offer advice,guidance and support on any asbestos issue.
Therefore, we identify the "Duty Holder" as the Head teacher and governiing body for the school, as Control of Asbestos at Work Regs state the person responsible for managing asbestos as the "person in control of the premises". Obviously, the LEA form part of that process, but discharge that duty to the Heads through the Asbestos Survey, Official Handover, Training and Monitoring programme .We have worked very closely with the HSE on this project and who are extremely satisfied with our management systems and procedures.
I would be extremely interested to here how other LEA's around the country manage asbestos in schools.
Thanks
Damien Bufton
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Posted By Phil McCormack I also have been trying to find out who is taking responsibility for this. The LEAs and the schools are treating this one like a football. I think that the approach that you have taken is sensible and perhaps generous on your part. The Department for Education and Science offers the following division of responsibilities. "For the majority of educational premises, the duty holder will be the employer. Who this is varies with the type of school, but for community schools, community special schools, voluntary controlled schools, maintained nursery schools and pupils referral units the employer is the Local Education Authority (LEA). For VA and Foundation schools it will be the school governors. In independent schools it may be the proprietor, governors or trustees. See DfES guidance 'Health and Safety: Responsibilities and Powers' www.teachernet.gov.uk/responsibilities for further information." I think that the DfES approach does not adequately consider the role that the various service providers in education have. i.e. only a few of the larger schools have competent facility managers and LEAs are not in a position to regularly monitor, etc. Hope this helps.
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Posted By Jack
Where the LEA is the employer it retains responsibility for ensuring asbestos is managed. It will (usually) end up in court when it hits the fan (possibly with other duty holders where they have failed to play their part).
As employer, it must establish policy & procedures; ensure competent advice is provided; ensure staff with delegated tasks (including headteachers) are competent (eg where training identified, ensuring headteachers attend!); and monitor implementation.
In the case of foundation & voluntary aided schools, responsibility rests with the governing body as employer.
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Posted By Stuart C
I think it's the reasonably practicable argument. It is my understanding that the LEA will always retain responsibility but can be seen to have discharged that duty by taking all reasonably practicable measures. The system you described I would argue goes the majority of the way to doing this. Additional measures would include care taker training, not only do they carry on some maintenance work but they are frequently the interface between school & visiting contractors. There is benefit in ensuring that more than one person at a school is familiar with the asbestos management procedures in case of sickness or holidays. Also it is possible for a copy of the register to be held centrally so that when jobs are raised for you LA's building maintenance that a note re likely presence of asbestos can be made on the job sheet
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Posted By Ron Hunter
I'm responding from a Scottish Authority, so my thoughts may not be entirely relevant.
Most importantly, within the management plan, how is it ensured that information gets to those who need to know, i.e. contractors - the people most likely to inadvertantly disturb it and the group most at risk (indeed the whole reason for the new Regulation 4?).
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