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#1 Posted : 21 October 2009 11:28:00(UTC)
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Posted By Luke. If you work in an industry such as ground works where there is a possibility of discovering asbestos which has been buried.. Do all staff involved need AA training, or can a few on site be trained i.e. site supervisor and a couple of others (just in case of holiday, sick etc..)? The reason i ask is that reg 10 (1) states that "Every employer shall ensure that adequate information, instruction and training is given to those of his employees—" And then 10 (a) states "who are or who are liable to be exposed to asbestos, **or who supervise such employees**" Clarification required please. Thanks
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#2 Posted : 21 October 2009 12:27:00(UTC)
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Posted By gerry d My interpretaion is that anyone who, in the course of their work, where asbestos is likely (or possible) should have basic asbestos awareness training. What you can consider is using the same crews or personnel for this task thereby reducing the number of people you need to have trained. If you have asbestos as a hazard on your risk assessment then you must control it properly and not just rely on the `surprise` element trying to control it after the event.
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#3 Posted : 21 October 2009 12:28:00(UTC)
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Posted By Kieran J Duignan While the potential harm is significant, Luke, the principle of balance and proportionality applies rather than perfectionism (just as it would in relation to a comparable risk, such as radiation). In practice, designing and implementaing a safe system of work including Recognised Local expert, tiered training, supervision and regular, systematic record keeping provides a workable framework of hazard control.
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#4 Posted : 21 October 2009 12:36:00(UTC)
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Posted By Luke. Thanks all, that is what i was hoping to hear.
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#5 Posted : 21 October 2009 14:57:00(UTC)
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Posted By Robert K Lewis Luke The real question is just how foreseeable the eventuality you outlined really is in practice. If you are constantly working in brown field developments then the answer is likely to be "yes" it is forseeable. In this case all operatives need a basic awareness unless you are going to have a trained person in every gang at all times! The training time is not that excessive though and is generally only 0.5 day per person. If there are substantial amounts of asbestos found then you are going to need to open discussions with a range of enforcement authorities before you can do much in any case and they will set out parameters for removal, sealing, work methods, operative training requirements in such cases. Only recently I have had a situation where a licensed contractor was on site during ALL excavation into the contaminated ground because the materials included insulation, cloth, paper, AIB and cementitious sheet. Always ensure some form of asbestos survey/investigation has been done for a brownfield site. You are then in a position to Plan which is a primary duty under CAR 2006 Bob
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#6 Posted : 21 October 2009 15:52:00(UTC)
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Posted By Raymond Rapp Luke It is a very grey area and there has been some sensible advice given so far. My interpretation of regs is that if it is reasonably foreseeable that employees will come into contact with ACMs then some form of training should be provided. The real question, of course, it to what extent should that training be? The reality is that very few people working in the construction and building industry will not come into contact with ACMs at some point. There is also the issue of sub-contractors and whether they have had suitable AA training. In my experience most have not. As the PC I designed a PP presentation for AA which included the bullet point list in Reg 10. This was for the purpose of ACM removal adjacent to one of our worksites. The area was completely segregated and licenced contractors engaged. Most of the ACMs contained less than 0.1 asbestos and therefore I considered my intervention proportionate, others may disagree. Ray
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#7 Posted : 21 October 2009 16:02:00(UTC)
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Posted By Kieran J Duignan I've just come across a summary checklist, 'Managing my Asbestos' on the HSE website. It may be useful for designing trainng at different levels. The URL is: http://www.hse.gov.uk/asbestos/managing/intro.htm
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#8 Posted : 21 October 2009 16:12:00(UTC)
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Posted By Robert K Lewis For me the real reason behind regulation 10 was to ensure all who could resonably forsee an encounter with ACMs should be trained to at least a basic level. The syllabus for this is set out in the acop in some detail along with other levels of training. The real answer is for ALL construction companies to train their operatives to at least the basic level, subject to foreseeability test, and then we would not be in a position whereby PCs and others are developing awareness courses that become confused with the regulatory requirements. Yes by all means provide TBTs when there are specific issues for the project but this is not the replacement for Asb. Awareness Training. Bob
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#9 Posted : 21 October 2009 16:21:00(UTC)
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Posted By Robin M Ray, Any chance you could send me that PP Presentation? Sorry to be cheeky! Robin
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#10 Posted : 21 October 2009 16:31:00(UTC)
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Posted By Dave Wilson People there is NO reasonably practicability in this REG 10 is quite specific 'every employer SHALL ensure etc etc. It IS NOT GOOD ENOUGH TO HAVE A SUPERVISOR WHO HAS DONE AA TRAINING. It is TOO LATE after the chap has broken it, bashed it, drilled it etc to ask the sup to come and have a shifty! this is MANDATORY legal requirement if your job involves what you have outlined or if it involves disturbing the fabric of ANY building. Just look at the HSE notices database around enforcement action for this!
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#11 Posted : 21 October 2009 16:48:00(UTC)
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Posted By Raymond Rapp Dave There are many forms of work that may or may not come into contact with ACMs. They will also differ in level of risk. For all our internal works we have the building surveyed for ACMs before we allow anyone to lift a brush. Therefore I disagree with you post and shouting (capitals), we all have an opinion on this one and the regulations are ambiguous in my opinion. Ray
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#12 Posted : 21 October 2009 16:49:00(UTC)
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Posted By Raymond Rapp Robin, in the post. I just knew someone would ask...
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#13 Posted : 21 October 2009 17:23:00(UTC)
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Posted By Robert K Lewis Dave Steady on old chap:-) There is a foreseeability test to identify the people who need it. Once they have been identified I 100% agree with you the basic training must be done. Like you I despair of the "A TBT is good enough" talk that floats around this issue. There is definitely no question of only doing it if it is RP to do so. Bob
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#14 Posted : 21 October 2009 21:29:00(UTC)
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Posted By Paul Clarke-Scholes CMIOSH Robert and Ray, Careful chaps, HSE interpretation can be very black and white. If the risk is in any way significant, the training should be given. That said, you didn't need to shout, Dave. I make sure all our construction operatives have it including all my subbies, from the sparks to the ground workers and I provide it on all new projects as part of the induction training to anyone who doesn't already have it for a nominal sum. There's a case for making school leavers do asbestos awareness before they get into employment. I'd make them all do first aid as well, perhaps as units on the PHSE thing they all do these days. Paul
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#15 Posted : 22 October 2009 08:18:00(UTC)
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Posted By Robert K Lewis Paul I think you may have said the very thing Dave and I are concerned about. The test is whether operatives will foreseeably encounter ACMs - if so then training must be given. The decision has nothing at all to do with the level of risk. Once it is recognised that they may foreseeably encounter ACM then the syllabus for the training set out in regulation 10 requirements must be given. I totally agree though that all people entering construction at any level should receive the basic training but unfortunately it will not happen. Even major trainers of trades people seem reluctant to include it in their syllabus. I offered to provide the training within the context of the mandatory personal development hours under train2gain etc but received a blank look. I certainly do not think there is more than the thickness of a cigarette paper between Dave's views and my own on this topic. We both feel passionately that it should and must be given and that it be done properly. There are far too many half hearted measures being used and/or sold. Bob
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#16 Posted : 22 October 2009 09:31:00(UTC)
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Posted By Luke. Interesting posts. It's like most things on this forum and I agree... i want to enforce, i can quote legislation, consequences (moral and legal) etc until i am blue in the face. But if the wallet doesn't open, then I'll keep on looking like a smurf.
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#17 Posted : 22 October 2009 10:31:00(UTC)
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Posted By Kieran J Duignan Luke You write: i want to enforce, i can quote legislation, consequences (moral and legal) etc until i am blue in the face. But if the wallet doesn't open, then I'll keep on looking like a smurf. A smart smurf gathers survey data and use them as a tool for motivating and educating, at middle and senior levels. What's so daunting about being a smart smurf?
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#18 Posted : 22 October 2009 11:35:00(UTC)
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Posted By Dave Wilson We deal with this issue practically on a weekly basis, from a commercial aspect its great as we get work out of it to clean up the mess. It costs the client in down time, late project, extra cost and robust HSE intervention. There are already pre written notices in OC 265/50 free from HSE www on this very subject. The ispectors just have to fill in the name address and date time. From a safety point it is totally avoidable and is so easy to enforce. Look at the Notices database! Remember the money issue does not come into the equation "Every employer SHALL etc etc" whithin the building and allied trades could safely say that it IS NOT foreseeable to come into contact with asi - maybe greenfield site and new build!
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#19 Posted : 22 October 2009 11:56:00(UTC)
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Posted By Robert K Lewis DW And just to add - Can anyone be confident that they will only ever undertake greenfield and new build, or even only ever maintain post 2000 building? Particularly as a contractor, the situation will be rare. We know encounters will almost certainly happen and for most construction operatives the training is a must. The only exceptions are likely to be in-house maintenance staff working only in new premises. Bob
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#20 Posted : 22 October 2009 12:00:00(UTC)
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Posted By Raymond Rapp CAR states: 'who are liable to be exposed to asbestos...' with regards to training, instruction and information. Therefore it is the interpretation of the term 'liable' that is in doubt. Certain trades are more at risk from accidental contact with ACMs than others. Furthermore, the risk to those working on our project is minimal due to the high degree of controls. I am confident that no one will be exposed to any extent that it will cause any harm and do not consider operatives as being in the 'liable' category, but rather 'highly unlikely'. Ironic that it is, those most likely to be exposed to ACMs are sub-contractors working for the PC. CAR only refers to 'employees' and 'employers', although there is a good argument under other regulations and a duty of care. Ray
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#21 Posted : 22 October 2009 12:01:00(UTC)
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Posted By Robert K Lewis Ray Going back to your earlier post I would have to say that having a survey of any pre 2000 premise does not guarantee that asbestos will not be encountered. The balance is that asbestos must be presumed to be present unless you have clear evidence that it is not. Only a detailed type 3 can approach this and even then the answer is not necessarily 100% certain until the work is fully underway. How many people will do a type 3 prior to some plumbing repairs? The HSE stance is one of fail to safe, the presumption is that ACMs are present. Bob
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#22 Posted : 22 October 2009 12:29:00(UTC)
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Posted By Raymond Rapp Bob Don't disagree with you in principle. However, sometimes there is a need to be pragmatic about these things. In my working environment (railway/construction) it is very difficult to get approvals for work due to the high risk management that is employed. Ray
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#23 Posted : 22 October 2009 13:25:00(UTC)
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Posted By Dave Wilson Ray Its nothing to do with 'accidental contact' there are plumbers / chippies / IT people and the janitor in the local primary school out there today who will be cutting, drilling, bashing and removing this stuff and will not have a scooby they are doing it.
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#24 Posted : 22 October 2009 18:02:00(UTC)
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Posted By Raymond Rapp Agreed Dave. However, I was highlighting other scenarios and including the environment I work in. We don't send in tradesmen blindly where ACMs could present a hazard. Horses for courses. Ray
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#25 Posted : 23 October 2009 11:08:00(UTC)
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Posted By Adrian Watson Dear All, My starting position is, like Dave, as persons working in the building trades are liable to come into contact with asbestos they must be given asbestos training; the only ones who do not need mandatory training are maintenance workers solely working in only one premise that does not contain asbestos. Managers, supervisors and workers all need a core knowledge of what asbestos is, what are its health effects, how to identify and work safely around or with it, and also what to do if it is found, disturbed or damaged. Supervisors also need to know how to supervise properly and what to in the event of an incident. Managers need to know the above and how to plan and control works, plus the legal aspects of what is and it not allowable. Regards Adrian
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#26 Posted : 23 October 2009 11:11:00(UTC)
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Posted By Adrian Watson Bob, A quick one the HSE position is not that asbestos is present but that unidentified materials, unless there is evidence to the contrary, are presumed to contain asbestos. Regards Adrian
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#27 Posted : 23 October 2009 12:07:00(UTC)
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Posted By Robert K Lewis Adrian I am reeferring back to the HSE decision regarding pre-2000 buildings. You must prove asbestos is not present in the structure or make the presumption that it is. You are correctly referring to the position withn regard to the finding of unidentified materials which is not where I was at. Bob
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