Rank: Forum user
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I have a scenario where an operative whilst fixing a tank in the loft has put his foot through the ceiling and caused an area of around 1ft square of plasterboard to fall with asbestos containing artex on it. The board and artex stayed in one piece, however the client is now insistent that this is a RIDDOR reportable incident.
I do not believe this to be the case as there has been no exposure to anyone and the air test following the event has come back clear.
Your comments/thoughts on this will be appreciated
Regards
PaulR
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Rank: Super forum user
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Here is an answer from the HSE themselves from back a few years;
"There does not appear to be a definitive answer on when incidents involving asbestos are reportable as dangerous occurrences.
There are no specific listed dangerous occurrences in RIDDOR involving
asbestos. However, a release of asbestos may be reportable as a dangerous occurrence under RIDDOR - Escape of substances.
The decision as to whether or not an incident is reportable depends upon factors such as the nature of the substance and its chemical, physical and toxicological properties, the amount which escaped and its dispersal; and whether people could have been present at the time.
RIDDOR policy have stated that, in order for an incident to be reportable
as a dangerous occurrence, it must be proven that asbestos was present
(i.e. not suspected), that the asbestos must have been disturbed in such a
way that fibres are released, and that the release of fibres exceeds the
action levels and so represents a risk to health. Under these circumstances, it is probably prudent to report this as a dangerous occurrence as a precaution. This will apply both to incidents involving
employees working with asbestos and persons not at work who may have been exposed.
The general advice is "when in doubt, report". However, in the end only the Courts can decide whether a particular incident is reportable or not and the fact that an incident is reportable does not necessarily mean that
there has been a breach of health and safety legislation. Conversely, it
is possible that there has been a breach of health and safety legislation
even if the incident was not reportable since the duty holder under health
and safety legislation always has to reduce risks so far as is reasonably
practicable."
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Rank: Super forum user
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In the RIDDOR guidance (L73) it is 153a and 156. The wording is as the first part of Damelcfc's post.
The tricky part is the amount that is released, the above talks of action levels and you say that the air test was clear (sometime after the event).
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Rank: Super forum user
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I took the UKATA asbestos awareness course last year, but I don't understand how you can monitor asbestos fibres in a real time environment. How I understand it, was that you needed to collect a sample in a bag, then get it analysed at a laboratory. I've seen websites that show monitoring, but this appears to be the same bulk sampling in a bag! http://www.survey-safe.c...-asbestos-air-monitoring (this is not a reference to services, just a link as an example).
If some bright Herbert puts his foot through a ceiling, surly there needs to be a definitive answer - if all artex is is suspected of containing asbestos containing materials.
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Rank: Super forum user
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The example given just would not be reportable Kim, the chances of it passing the 'test' elements outlined in the HSE response above are so low it would be nigh on impossible.
My interpretation is they (really) are looking for an absolute facefull of the stuff from an unplanned event that beyond doubt IS asbestos.
By the time any monitoring was arranged and set up what results you'd get would be post event anyhow and so on this one for me it really is quite a big catastrophic release they are after.
As always there is the reporting for reportings sake/ side of caution debate but realistically (and I'm not defaulting to my never report gland here) artex and the other bits known from the OP would not tick the boxes for me.
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Rank: Super forum user
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Rank: Forum user
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To update you all on the situation, the client has stated that as we cannot prove there has been no exposure then it must be reported, they claim that as 1 fibre can causing serious health issue there is no relation to the type of material, circumstances of the situation etc
The material has been confirmed as asbestos, chrysotile at less than 3 % so your thoughts on their thinking would be appreciated as I am still struggling to find the reason why it should be reportable taking into account the situation and the amount involved.
Regards
PaulR
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Rank: Super forum user
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Paul,
It seems to me that RIDDOR implies wanting to know about releases above the WEL not 1 fibre so I would still suggest that its not reportable.
Do bear in mind though that its not the end of the world if they do decide to report - shrug your shoulders and move on - the report will just get filed in Wales anyway.
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Rank: Forum user
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As usual the "A" word gets a flap going :-)
An accidental release of asbestos is only such if the WEL is exceeded
The chance of a foot through some artex on plasterboard exceeding the limit is nigh on impossible ( based on 0.6 f/cc over 10 minutes see short term exposure limit ) there may be an argument to report under riddor if the person concerned was injured or had to have time away from work as defined under reportable injuries but certainly not under exposure to a dangerous substance as the substance concerned is not deemed to become dangerous until either the WEL or the clearance indicator level is exceeded
A disturbance air test combined with PLM analysis of the sample will give a reasonable result
Bear in mind that the clearance level for asbestos fibres in the atmosphere s <0.01 fibres per cubic centimetre, this allows for 10,000 fibres per square metre of atmosphere ( yes you are reading it right ! )
So 1 fibre becoming reportable under any current regulations is a nonsense
Hope this helps
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Rank: Super forum user
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Paul
Have had similar incidents in the Past and after contacting local HSE office not deemed to be notifiable.
Just one other thing people have mention WEL for asbestos - there is no WEL for asbestos in EH40
Your Client, with due respect, is obviously not fully aware of current legislation and I would politely tell her so. No evidence that any exposure has taken place, even if fibres were released then the amount would be so insignificant that you probably wouldn't be able to find it with an air test.
Ginga john is so right when the evil "A" is mentioned, particularly if it involves social housing stock
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Rank: Super forum user
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See pages 32 -33 in EH40 for Asbestos.
There are action levels dependant on the type of asbestos but ok, strictly, it is not a WEL.
Worth a look though, if nothing but a refresher.
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Rank: Super forum user
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Its a non-licensable material for a reason, the risk of fibre release during removal works is low.
The HSE have studied actual fibre release whilst scrubbing ACM containing artex with wire brushes! (Page 7)
http://www.hse.gov.uk/ab.../010206/paper1annex2.pdf
In such horrificly bad removal methods the fibre concentrations only reach 0.02f/ml still below the 0.1f/ml exposure level.
The main reason for this I feel is the nature of the cement, you will not get a release of single asbestos fibres, more bulk clumps and blobs of plaster with fibres within.
Lest we forget that the individuals breathing zone would not be at the point of release and material would have fallen away from him in to the room below. Add in to this then the dilution of the room below in addition to the very small possibility for actual fibre release, potential for exposure IMO is very very low.
Sorry im going to go off on one now...
The notion of 1 fibre kills winds me up, I have no doubt inhaled more than that whilst typing this email. Back ground natural concentrations of asbestos fibres are between 0.0001 and 0.001 f/ml (W.H.O.) more in some cities. Thats 0.1-1fibres per litre? 100-1000fibres per m³? Normal breathing rate is 6litres per min, so in an average day you would inhale between 684 and 8640 asbestos fibres?
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Rank: Super forum user
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With you there Descarte8 - s'pose the point your making is 'even if its true that the 1 fibre will actually kill you in possibly 40 years time, there is absolutely nothing you can do about it anyway as every day we all inhale a lungfull'.
I'm pretty sure my 60 ciggies a day will catch me before the A does anyhow....
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Rank: Forum user
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Come on chaps perhaps keep up with the times..................
The current position on RIDDOR is on the HSE website http://www.hse.gov.uk/asbestos/faq.htm and is as below
I suggest that the situation described would not be reportable. Do watch out for the inclusion of asbestos cement in there..... and no I have no idea why the perfectly good system we used to have was changed!
Kind regards
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) places duties on employers, the self-employed and people in control of work premises to report serious workplace accidents, occupational diseases and specified dangerous occurrences.
Exposure to asbestos is reportable under RIDDOR when a work activity causes the accidental release or escape of asbestos fibres into the air in a quantity sufficient to cause damage to the health of any person. Such situations are likely to arise when work is carried out without suitable controls, or where those controls fail – they often involve:
Use of power tools (to drill, cut etc) on most ACMs;
Work that leads to physical disturbance (knocking, breaking, smashing) of an ACM that should only be handled by a licensed contractor e.g. sprayed coating, lagging, asbestos insulating board (AIB);
Manually cutting or drilling AIB;
Work involving aggressive physical disturbance of asbestos cement e.g. breaking or smashing.
If these activities are carried out without suitable controls, or the precautions fail to control exposure, these would be classed as a 'dangerous occurrence' under RIDDOR and should be reported.
Remember, if you need to report a dangerous occurrence relating to asbestos, you should review your asbestos management plan or your working practices.
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Rank: Super forum user
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Bruce Sutherland wrote:Come on chaps perhaps keep up with the times..................
Only the OP's safety advisor thinks differently to you Bruce, never reportable in a million years.
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