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Posted By Mart
We're due to carry out major refurbishment works and our client/cdm co-ordinator will not respond to our requests for asbestos info (register etc) They have been made aware of their duties etc. What else can i do?
Cheers,
Mart
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Posted By Andrew Palmer
Hi Mart,
I guess you need to consider whether you want to carry out the job. I assume that if you proceed without the register your own company will surely be exposed should asbestos be found.
Perhaps you could offer to have a survey undertaken at their expense?
Andrew
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Posted By Rob Hughes
If, as you say you have made them aware of their duties and they are not being communicative on the presence of asbestos then it is indeed a difficult position. You cannot put the safety of your own workforce in danger from exposure to asbestos. There are a few options though, you could continue to talk with the client and persuade them on the importance of this information, have a survey completed yourselves and charge the client, look at the contract between you and the client and see where you stand as far as walking away is concerned or finally speak with the HSE and takes some advice.
Finally just for info. with refurbishment work the level of asbestos survey should be a type 3.
Good luck.
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Posted By MAK
Hi Mart,
given the scenario you describe, its not only the CDM-C who appears to be failing their responsbiities here. All parites have a duty to manage the risks inherent to a project, and essentially the client is required to pass over the relevant residual risk information for this site, the designers should have considered the risk of exposure in their design i.e if works includes breaking out works, accessing ceiling voids etc. However, given only the information you provide we dont know what has went on between the other parties.
You will have retained all records of your previous requests to the CDM-C for this information. In reality in the construction industry, H&S usually takes second place to financial concerns so I recommend that you now issue another letter, with copies of your earlier correspondence. This time addressed to the CDM-C, but copied to the client, the QS and the lead designer on the project.
You should have your management team's support in this, but it must be clearly stated that your company will accept no financial penalty for being unable to commence work on this site (on the appointed date) until the risk of asbestos exposure has been addressed. (do this only if you suspect there is just cause to suspect there is asbestos on site i.e age of the building etc)
(For example you do not know if there are friable materials currently on site and your presence or activities may ascerabate the risk of exposure to airborne fibres). It might be worth including specific facts i.e you have plant on order that will incur costs if delays are likely, costs to remediate known asbestos containing materials or the need for surveys have not been included in your original tender bid.
For you to complete a risk assessment for this site you need a variety of information, which should have been forthcoming. As a competent contractor you have attempted to ensure other dutyholders responsbilities have been met, however you need to make an interim assessment yourself, as you have apparently have done. Ensure you have reviewed the Preconstruction and design information you should have by now, very closely to establish whether this risk has been overlooked.
Also, you have larger problems if your client/CDM-C are one and the same party?
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Posted By Robert K Lewis
Just to emphaise some of the points coming out here
a) major refurbishment will require an appropriate type 3 survey, see MDHS 100, or other suitable evidence to show the building is asbestos free.
b) Without the evidence or survey do not even contemplate a start other than to mobilise to site. At that point inform client that the clock is now running and all costs rest with them as per contract - whichever standard form is used. Do not however commence any work in the building. I am sure that any inspector will be interested in an early hit at co-ordinators and clients under CDM07 as well as CAR 2006.
c) Ensure the survey tells you exactly what has been, detailing areas and locations, surveyed NOT simply the location of any suspect materials.
d) If you get no joy you will need to look carefully at whether you need HSE input or not. Remember that you must not have actually commenced work in the building if you do this as you may land yourself a Prohibition Notice to prevent you working while the problem is resolved. This could frustrate any financial claim under the contract and look mvery bad on your record.
Bob
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Posted By Dave Wilson
Nice one.
That why this type 3 asnbestos survey is made quite explicit as a "Client Duty" under the New CDM Regs as part of the pre tender info pack so as to prevent this actual scenario happening.
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