Dr Patrick Morton Lucion EnvironmentalAsbestos - The Survey Guide
The Problem With Asbestos“At present in UK 4000+ people die from asbestos related disease peryear”Why so many?-Extended latency period – exposure in 1960’s & 70’s is claming livestoday-Exposure to asbestos fibre causes highly virulent and often fataldisease- Poor historical management of asbestos- Uncontrolled release of asbestos “Safe” asbestos exposure limit?
Asbestos: The Survey GuideHealth and Safety Guidance DocumentWill Supersede MDHS 100 – more of a guidancethan methodNeed has come through experience since 2001and HSE report into compliance with CAR 2006Regulation 4 – The Duty to Manage Asbestos innon-domestic property – misleading in itself?Current compliance ………..
Current Duty to Manage ComplianceHSE Independent survey of LA’s / Housing Associations / Property Managers:663 questioned – 488 believed no asbestos present48% had not undertaken any form of assessmentOf the 48%:9% Local Authorities – Public Property (inc Schools)12% Managing Agents – Commercial Property46% Social Landlords – Housing (inc Defence Housing)Considerable confusion on:• when to survey• to what “Type” – type 23/4 !• what to do after the survey
New Survey TypesType 1 / Type 2 / Type 3 AbolishedType 2 replaced by “Management Survey”Type 3 replaced by “Pre-demolition or refurbishment survey” (noteremoval of major!)“Type” regime found to be restrictive for both client and surveyorNew surveys are based on both parties gathering more information
The Knowledge ScaleA “sliding scale” of knowledge that needs to be updated 100% 0%No Management Localised pre- Pre-knowledge Survey refurb demolition100% 0% Project Cost and H&S Risk from Asbestos
Surveyor CompetencyPoor surveys with items being missed can have dire consequences!Clients onus to ensure appointment of a competent surveyor(organisation and/or individual):UKAS Accredited OrganisationP402 & Minimum 6 months experience - must be relevantExperience in similar property typesSome construction knowledge“Reasonable enquiries” are to be made by the clientMethods statement - explicit requirement comes in under CAR (2006)
Previous ExperienceHas the Surveyor got experience in the type of building to be surveyed?
Information NeedsCLIENT: • Details of buildings or parts of buildings to be surveyed • Details of building use • Plans / documents / reports / proposed plans • Safety information (fire alarm testing / sensitive occupants etc) • Access arrangements and permits • Contacts for operational and health and safety issuesSURVEYOR: • Surveyor identity and qualifications and company accreditation • Previous work references • Insurance (PL / EL / PI) • Costs / program / plan of work / details of caveats • Number of samples to be taken
Refurbishment SurveysHSE will clearly state – Pre-refurb surveys are to be done for ALLrefurbishment works (including decent homes / minor refurbs etc)Cloning and type 2 / management survey is not adequate for this workSurveys can be focussed and localised – beware how this information isstored“Intrusive surveys appropriate to works must be carried out” • Property or survey area should be vacant • Survey must be fully intrusive - no caveats • Areas where asbestos removal has taken place need to be reinspected
Refurbishment SurveysAppointed person will need to be designated to manage program andinformation on the client sideThe designated person must be able to demonstrate competenceRooms / locations need to be decanted of people and furnishings /sheeted off and protectedArea must be made safe prior to re-entry – criteria agreed prior tosurvey
When to do a refurbishment Survey… it is recognised that where “more extensive” maintenance or repairwork is involved , a localised refurbishment survey is needed” –dutyholder to decide with the help of othersCDM requires that the client provides tenderers with information “upfront”
Report CaveatsSome caveats we often see (but shouldn’t!): • Access cannot be gained above 1.8 metres • Hatches could not be opened • Ceiling voids / risers / undercrofts are not typically accessedProper planning can avoid these situationsClear statement of requirements needed
Report CaveatsCaveats can be seen as a catch-all get out / route to “lazy” surveysSurveyors Guide points to poor planning – arrangements for access need tobe planned by clientWe will: • Issue Pre-survey information, qualifications, methods statement • Discuss/ meet with client to agree restrictions • Guarantee competence of personnel • Advise on the appropriate survey
Pre-survey InformationWhat the dutyholder should expect from the surveyor: What the surveyor should expect from the dutyholder:
Check the surveys fits the scopeSurvey guide advises the client to check: • the report against the tender • for unagreed caveats • the survey is as requested (management vs. pre-refurb) • diagrams and plans are clear and accurate • all rooms and areas have been accessed • sufficient samples have been taken • for obvious discrepancies and inconsistencies
Asbestos Survey Report• Assess the survey report • What asbestos has been identified? • Will your works be affected by it - directly or indirectly? • What type of materials are present? • What is the condition of the materials?•Do you need to engage a licensed contractor • Should a competent person draft a removals specification? • Could the removal works significantly affect the project plan?
Survey Strategy & Timing• Information must be accessible and comprehensible• Surveys need to be carried out before ALL works– including emergency• Talk to your surveyor before embarking a surveyprogram• Guidance discusses programming of works• Summer works may be surveyed at Easter – but 3 monthsgap must have material scores for asbestos• Criteria for reoccupation are critical
Survey Strategy“Expectation is that all non-domestic property will be surveyed”“Many in the domestic sector have adopted the measures of the non-domestic sector”
Survey Strategy High degree of Low degree of Refurbishment needed consistency – 20-30% consistency – 100% to – Pre-refrub survey with inspections of be considered essential visual similarityInformation must be accessible and comprehensibleSurveys need to be carried out before ALL works – including emergencyTalk to your surveyor before embarking a survey program
The Cost of Getting it WrongHuman Exposure: • 40 year latency period • Litigation for potential damage to health • Liability risk carried forwardAdverse Publicity:Council judged negligent in school asbestos case - 28th October 2009A Merseyside council has been deemed responsible for exposing a former pupil to hazardous levels ofasbestos following a judgment this week from the Court of Appeal, a result that could have massiveramifications for similar cases around the country.Dianne Willmore - pupil at Huyton Bowring School in Merseyside in the 1970s, during which time she wasexposed to asbestos fibres when building works were carried out.Council’s appeal turned down by the Court of Appeal on the basis that the organisation was judged to haveknown – or ought to have known – about the dangers posed by asbestos exposure at the school.Mrs Willmore sadly lost her fight against the disease the day after the decision was revealed.
The Cost of Getting it WrongIncreasing Pressure and Awareness in the Public Eye………whether you agree or not!
The Cost of Getting it WrongDemolition with improper removal of asbestos – contaminated land situationAsbestos present as “free-fibre” – can’t be remediated. Current disposal rates can be as muchas £300-£400 per ton! (excluding land fill tax! – which has just increased by £8 per ton)Ongoing environmental legacy – very difficult to quantifySevere devaluation of property and land
Property Considerations• Consider pre-acquisition surveys – the small cost can save heavyburdens later• Limit your liability with a disposal survey – ensure you pass on theknowledge you have acquired• Knowledge of asbestos is key to effective management• Get a consultant onboard – don’t be led by the contractor – it is inhis interests to want to remove it
Competent Specialists in Advanced Asbestos Management Thank You For Your Time