Dr Patrick Morton

Lucion Environmental

Asbestos - The Survey Guide

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?

Asbestos Deaths

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 ………..

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

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

The Knowledge Scale

A “sliding scale” of knowledge that needs to be updated

No

knowledge

Management

SurveyLocalised pre-

refurb

Pre-

demolition

0%100%

Project Cost and H&S Risk from Asbestos

100%

0%

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)

Previous Experience

Has the Surveyor got experience in the type of building to be surveyed?

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

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

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

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”

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

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

Pre-survey Information

What the dutyholder should expect from the surveyor:

What the surveyor should expect from the dutyholder:

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

• 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?

Asbestos Survey Report

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

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

consistency – 20-30%

with inspections of

visual similarity

Low degree of

consistency – 100% to

be considered

Refurbishment needed

– Pre-refrub survey

essential

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

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.

The Cost of Getting it Wrong

Increasing Pressure and Awareness in the Public Eye………whether you agree or not!

HSE Enforcement

OC250/50

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

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

Competent Specialists in Advanced Asbestos Management

Thank You For Your Time