Warning To Local Authorities And Governors Over School Asbestos Responsibilities

A number of headteachers, Local Authorities and governors are still unaware of their obligation to manage asbestos in school, despite the Department for Education issuing guidance in 2015.

It is estimated that as many as 50 per cent of schools in England and Wales still contain asbestos containing materials. Asbestos is know to cause serious and life-limiting diseases including mesothelioma and asbestosis. The effects of exposure to asbestos can take up to 30 years to become evident.

The duty to manage asbestos is directed at those who manage non-domestic premises i.e. the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill health that exposure to asbestos causes. In schools this generally means that the duty holder is the employer. Typically, for community schools, community special schools, voluntary-controlled schools, maintained nursery schools and pupil referral units, the employer is the local authority.

For academies, free schools, voluntary-aided and foundation schools, it will be the school governors or academy trust. For independent schools, it may be the proprietor, governors or trustees. Where responsibility for maintenance is shared, the duty holder responsibility may also be shared.

How Do Schools Correctly Manage Asbestos?

In order to adhere to the correct asbestos regulations, known as the Control of Asbestos Regulations (CAR), the duty holders are required to manage any asbestos containing materials on school sites. This is usually achieved by obtaining or carrying out a survey, which identifies possible asbestos containing materials and how to manage them. This is sometimes called an ‘asbestos register’.

In some cases, asbestos removal may be required, especially if the materials are in poor condition i.e. flaking or deteriorated.

The asbestos register should be made available to anyone who uses the building on request. This is particularly important for any tradespeople who may be carrying out repair and maintainance work on the building.

The employer/duty holder must also provide adequate information, advice and trainings for any members of school staff – including teachers – who are likely to come into contact with asbestos.