Lucion Environmental - Asbestos presentation to NESHEP members (01/02/11)

2. Dr Patrick Morton
Lucion Environmental
Asbestos - The Survey Guide

3. The Problem With Asbestos
“At present in UK 4000+ people die from asbestos related disease per
year”
Why so many?
-Extended latency period – exposure in 1960’s & 70’s is claming lives
today
-Exposure to asbestos fibre causes highly virulent and often fatal
disease
- Poor historical management of asbestos
- Uncontrolled release of asbestos
“Safe” asbestos exposure limit?

4. Asbestos Deaths

5. Asbestos: The Survey Guide
Health and Safety Guidance Document
Will Supersede MDHS 100 – more of a guidance
than method
Need has come through experience since 2001
and HSE report into compliance with CAR 2006
Regulation 4 – The Duty to Manage Asbestos in
non-domestic property – misleading in itself?
Current compliance ………..

6. Current Duty to Manage Compliance
HSE Independent survey of LA’s / Housing Associations / Property Managers:
663 questioned – 488 believed no asbestos present
48% had not undertaken any form of assessment
Of the 48%:
9% Local Authorities – Public Property (inc Schools)
12% Managing Agents – Commercial Property
46% Social Landlords – Housing (inc Defence Housing)
Considerable confusion on:
• when to survey
• to what “Type” – type 23/4 !
• what to do after the survey

7. New Survey Types
Type 1 / Type 2 / Type 3 Abolished
Type 2 replaced by “Management Survey”
Type 3 replaced by “Pre-demolition or refurbishment survey” (note
removal of major!)
“Type” regime found to be restrictive for both client and surveyor
New surveys are based on both parties gathering more information

8. The Knowledge Scale
A “sliding scale” of knowledge that needs to be updated
100%
0%
No Management Localised pre- Pre-
knowledge Survey refurb demolition
100%
0%
Project Cost and H&S Risk from Asbestos

9. Surveyor Competency
Poor surveys with items being missed can have dire consequences!
Clients onus to ensure appointment of a competent surveyor
(organisation and/or individual):
UKAS Accredited Organisation
P402 & Minimum 6 months experience - must be relevant
Experience in similar property types
Some construction knowledge
“Reasonable enquiries” are to be made by the client
Methods statement - explicit requirement comes in under CAR (2006)

10. Previous Experience
Has the Surveyor got experience in the type of building to be surveyed?

11. Information Needs
CLIENT:
• 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 issues
SURVEYOR:
• 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

12. Refurbishment Surveys
HSE will clearly state – Pre-refurb surveys are to be done for ALL
refurbishment works (including decent homes / minor refurbs etc)
Cloning and type 2 / management survey is not adequate for this work
Surveys can be focussed and localised – beware how this information is
stored
“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

13. Refurbishment Surveys
Appointed person will need to be designated to manage program and
information on the client side
The designated person must be able to demonstrate competence
Rooms / locations need to be decanted of people and furnishings /
sheeted off and protected
Area must be made safe prior to re-entry – criteria agreed prior to
survey

14. When to do a refurbishment Survey
… it is recognised that where “more extensive” maintenance or repair
work is involved , a localised refurbishment survey is needed” –
dutyholder to decide with the help of others
CDM requires that the client provides tenderers with information “up
front”

15. Report Caveats
Some 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 accessed
Proper planning can avoid these situations
Clear statement of requirements needed

16. Report Caveats
Caveats can be seen as a catch-all get out / route to “lazy” surveys
Surveyors Guide points to poor planning – arrangements for access need to
be planned by client
We will:
• Issue Pre-survey information, qualifications, methods statement
• Discuss/ meet with client to agree restrictions
• Guarantee competence of personnel
• Advise on the appropriate survey

17. Pre-survey Information
What the dutyholder should expect from the surveyor:
What the surveyor should expect from the dutyholder:

18. Check the surveys fits the scope
Survey 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

19. 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?

20. 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 survey
program
• Guidance discusses programming of works
• Summer works may be surveyed at Easter – but 3 months
gap must have material scores for asbestos
• Criteria for reoccupation are critical

21. 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”

22. 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 similarity
Information must be accessible and comprehensible
Surveys need to be carried out before ALL works – including emergency
Talk to your surveyor before embarking a survey program

23. The Cost of Getting it Wrong
Human Exposure:
• 40 year latency period
• Litigation for potential damage to health
• Liability risk carried forward
Adverse Publicity:
Council judged negligent in school asbestos case - 28th October 2009
A Merseyside council has been deemed responsible for exposing a former pupil to hazardous levels of
asbestos following a judgment this week from the Court of Appeal, a result that could have massive
ramifications for similar cases around the country.
Dianne Willmore - pupil at Huyton Bowring School in Merseyside in the 1970's, during which time she was
exposed 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 have
known – 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.

24. The Cost of Getting it Wrong
Increasing Pressure and Awareness in the Public Eye………whether you agree or not!

25. HSE Enforcement
OC250/50

26. The Cost of Getting it Wrong
Demolition with improper removal of asbestos – contaminated land situation
Asbestos present as “free-fibre” – can’t be remediated. Current disposal rates can be as much
as £300-£400 per ton! (excluding land fill tax! – which has just increased by £8 per ton)
Ongoing environmental legacy – very difficult to quantify
Severe devaluation of property and land

27. Property Considerations
• Consider pre-acquisition surveys – the small cost can save heavy
burdens later
• Limit your liability with a disposal survey – ensure you pass on the
knowledge you have acquired
• Knowledge of asbestos is key to effective management
• Get a consultant onboard – don’t be led by the contractor – it is in
his interests to want to remove it

28. Competent Specialists in Advanced Asbestos Management
Thank You For Your Time