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Risk Assessment before a Type 3 Asbestos Survey?
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Posted By nick james
I've currently got an official complaint with my employers regarding being in a building whilst a type 3 Asbestos Survey was carried out (full details a href="http://www.iosh.co.uk/index.cfm?go=discussion.view&forum=1&thread=38356">b>here/b>/a>)
As part of this I've asked to look at the risk assessment that should've been compiled beforehand. It took a while for the management to get hold of it from the builders, but I did finally get to see it yesterday.
Now, being unschooled in anything like this, I was surprised at how sparse the document was - we are talking just under 3 sides of an A4, no date on it and no signature.
It comprised of 3 sections:
SECTION 1: Personnel Details of assessor (who also seems to have been the surveyor), a bit on Plant Equipment and a C.O.S.H.H bit (with not entries)
SECTION 2: Description of Work (type 3, date, location) and Scope of Work
SECTION 3: Definition of Type 3 (direct from MDHS100) and Methodology
Now there was no noted consideration of 'risk' that I could see, therefore am I being naive in thinking this falls short of what was required? Or is this in fact all that was needed?
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Posted By FAH
Nick - is this a wind-up?
If the facts are as you state It would be difficult to produce a less meaningful or effective risk assessment!
I suspect that as an exposed person who was owed a very definite "Duty of Care" that you may soon be inundated by trainloads of "No Win No Fee" outfits who really won't have to work very hard to prove your case.
You may also find that you're asked some rather oblique questions that could come from an enforcing authority to identify the actual principals.
Regretably, these situations are still all-too-common; and may continue to be largely unrecognised until the whole asbestos licensing regime is effectively policed across the whole spectrum of asbestos work.
Frank Hallett
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Posted By Robert K Lewis
One comment only
Duty to manage and duty to assess does not rest with surveyor.
See regulation 4 CAR 2006.
Bob
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Posted By artisdeeian
Hi Nick.
I carried out an Asbestos Survey Type 1 (Location and Assessment) and the report covered all aspects of What is Asbestos, Types, Common uses, and Health effects. Even at this level of assessment I would have thought it must include the above.Remember it is about the identification of Asbestos and/or ACM's in order to highlight where it is in the factory, shops, offices etc so that an work that needs to be carried out, either removal or repair will be backed up with this report in order to safe guard Risks from the work being carried out.. I also took photographs of the areas and cross-referenced them to a site plan. The survey was about 25 - 30 pages long and sits in the Site H&S file for any reference from inspections by the HSE, Local authorities, Insurance companies etc. so I would have thought the information you have is vary sparce and basic. However, it would also depend on the size of the building/s, factory and the number of employees etc.
Regards
Ian
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Posted By nick james
It's no wind up Frank, I'm afraid. As you can see from my other post, this has been going on since August when the survey took place, and I've only just got to see the risk assessment.
To be candid, I've got a feeling that this so-called "Risk Assessment" has been put together after the fact due to my insistence at seeing it.
By the way, who would be the 'enforcing authority' because I feel quite strongly that this company should be reported, if what is coming to light is proving them to be breaching their duty and endangering people?
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Posted By nick james
Hi Ian,
Thanks for the response.
The report from the survey I have seen, and is like the one you undertook and describe (with pictures and descriptions etc.)
It's the b>risk assessment/b> (that should've been carried out before the survey), that I describe in my initial post and has me questioning its validity. Did you have a risk assessment to consult before doing your survey?
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Posted By artisdeeian
Hi Nick.
Yes sorry mate I did and built on this with the survey. The R.A. was carried out in each factory and included all areas including offices etc.
Ian
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Posted By Phil Rose
I have slightly lost the plot on this one. I think I am right in saying that you concern is that you were in a building when a type 3 survey was being carried out? Some of the replies seem to be discussing the outcome of the survey! Yes a risk assessment should be carried out that covers all of the potential risks but I don't I don't see why a type 3 survey can't be carried out in an occupied building so long as the surveyor takes suitable precautions to manage the risks in particular the exposure of unprotected people to inhalable particles that may be ACM.
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Posted By Ron Hunter
Nick what you describe is not so much a risk assessment but more the standard "Methodolgy" blurb produced by the Asbestos Survey people.
Things seem to be coming round to you in a full circle though, because if the author (the surveyor) follows his statement and surveys and samples in accordance with MDHS 100, then guess what - you shouldn't have been there (or at least not in the same immediate area) when the survey was conducted. (para 45 of MDHS 100 refers)
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Posted By nick james
Hi Phil,
It's easy to get lost on this one I know! MDHS100 says that whenever possible Type 3 should be done in an unoccupied building, and if that is not possible there should be warnings posted to keep you out of the sampling area.
I was neither told of the survey beforehand or encountered any signs to keep me out of areas. The annoying thing is that the building would've been unoccupied if they had waited a further 5 days.
I wanted to see the risk assessment as part of my complaint to my employers because MDHS100 says it should assess the "risks to the health and safety of surveyors, sampling personnel and other occupants during bulk sampling."
The risk assessment I've seen doesn't cover this at all in my opinion, and I'm starting to feel that the asbestos company in question have very haphazard standards to put it mildly.
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Posted By nick james
Hi Ron,
Thanks for the reply - I am of the same opinion as you. When you read their survey report they keep saying it was carried on in accordance with MDHS100, and I'm thinking hold on a minute!!!??
So the question is, can they pass off this 3 page document as a risk assessment - surely not?
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Posted By Ron Hunter
The document as you describe it is actually pretty close to what MDHS 100 would call a risk assessment. What's missing is the client/employer information which should also inform this assessment, hopefully during the initial walk- round. Just as with any other contractor coming into your workplace, the employer should give the surveyor a "heads up" on the risks posed by his undertaking. This should have included some discussion around segregating existing occupants.
All too often (just like other contractors) the surveyor is just left to get on with it.
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Posted By Dave Myatt
Nick.
The information provided is certainly insufficient. Unfortunately it isn't yet a legal requirement that a company carrying out an asbestos survey holds UKAS accreditation for doing so (only for the actual analysis of a sample). If the surveying company maintains accreditation as an inspection body you can be certain that all risks would be fully assessed as is required when working to that standard. A type 3 survey would only take place in an occupied building if there were no other options available as a fully intrusive survey would otherwise not be possible. You would normally expect this to be covered in the risk assessment where, for example, it may be decided to carry out a preliminary survey whilst the building is occupied and return later, out of hours, to take samples and carry out more intrusive works in pre-determined locations. The moral of the story would be to use a UKAS accredited inspection body and check that a company doesn't just hold accreditation for bulk analysis or air monitoring.
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Posted By al wood
i came across something similar to this around march last year, when the company i was working for took on the role as P.C. on a particular project. when all came to all the guy who had carried out the asbestos survey had been struck off by the HSE for falsifying asbestos surveys. as a result of this asbestos was found by the demolition contractor in his pre-demolition survey,the job was stopped,i informed the HSE and the job was held up for some time until a further type 3 survey was carried out the report drafted and the asbestos removed.
by the sounds of it you should be asking for the credentials of the asbestos surveyor because from the way you describe the asbestos survey it comes way short of the asbestos surveys that have crossed my desk in the past.
al w
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Posted By nick james
Thanks to everyone who has posted overnight - I'll address each response one by one:
Ron: From what I saw the surveyor was left to his own devices, which is what you explained happens all too often. I'd be surprised if he was given a walk-through and regarding being given a "heads-up" about personnel in the building - I doubt it happened. Management didn't even tell the few remaining occupants of the building that an asbestos report was taking place - I only found out when I bumped into the fella at the end of his first day and asked what he was up to.
Dave: It seems strange that a company that deals with such a nasty substance doesn't have to be accredited - be it only at the survey stage. The bloke who carried out our survey did so without any protective clothing as far as I witnessed - he wore jeans and t-shirt. The one time I did see him wearing a face mask, it was of the type that I wouldn't even entertain for DIY. I think we can assume he isn't accredited.
Al: On the Risk Assessment, the surveyor is named and gives his qualification as BOHS P402 (whatever that means) and lists his number of years of experience as 5.
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Posted By Robert K Lewis
Nick
This really is not an open forum topic. You are highlighting in public some potentially serious breaches by your own employer, as another poster has identified.
In fairness to the surveyor he is concentrating on the problem/hazards of his own work. The regulation 4 duty holder is responsible for assessing the risks towards the building occupants not the surveyor. I would have expected the surveyor to comment at the time but may have been given re-assurances over the potential issues with other occupants.
Bob
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Posted By Ron Hunter
The information provided by Nick on this post doesn't suggest that the Surveyor has done anything wrong and there is no basis whatsoever on which to criticise his individual competency.
The initial Risk Assessment process, which should involve the client/employer and the surveying company (but not necessarily the Surveyor tasked to attend to conduct the Survey) seems to be the problem.
I'll chance paraphrasing the relevant part of MDHS100 to assist you Nick:
Before carrying out a site survey, it is important that an assessment of the risks to the health and safety of surveyors, sampling personnel and other occupants is carried out. Risk assessments should be documented and must be available to the site surveyors.
Often surveyors will be seeing the site for
the first time so will have little chance to evaluate the site-specific hazards that are involved and will rely on the risk assessment made based on information gathered during the preliminary site meeting and walk-through. The client should be asked to provide information relating to any hazards specific to the
site.
On that basis Nick there is at least an equal onus on the employer and the surveying company to conduct this initial assessment, but an absolute requirement is placed on your employer to ensure this assessment is undertaken. The Survey Company has to make a living. If they took the approach of no site meeting, no risk assessment, then no Survey, someone else would take the work anyway.
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Posted By nick james
Robert: I apologise if I have over-stepped the mark on this forum. I have been very careful to keep out any means to identification out of my postings, I'm just presenting the facts as I see them.
Trouble is, I'm just the chump who got overlooked in the whole process and is not very happy about it. And trying to make sense of the legalese and jargon that you guys know as a second language is hard - I'm just picking your brains really to know where to go next. For instance I didn't know that the risk assessment was NOT carried out by the asbestos firm until it had been pointed out in this thread.
Ron: Contrary to this, the risk assessment of the original post seems to have been compiled by the asbestos firm? My employers have contracted a building firm to demolish and rebuild and I think it was they who engaged the surveyor - therefore should the builders have compiled the risk assessment?
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Posted By nick james
Ron: Ignore my last post - I have had another look at the risk assessment and think my novice eyes are leading me to think that the asbestos firm is the author. I believe I need to enquire with my employers as to who actually produced it.
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Posted By Ron Hunter
The key issue here Nick is about effective co-operation and co-ordination by all parties - the Management Regs refer.
In a more general context, your employer cannot transfer his responsibilities to protect his employees and others by means of any contract.
In short there should have been input to the risk assessment by all concerned. Who finally produced or issued it should be a secondary concern, but woe betide the author if it is not suitable and sufficient!
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Posted By nick james
Thanks Ron - I appreciate all your input. I'm going to take the bull by the horns and do some serious question asking. Thanks once again!
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Posted By Dave Wilson
A type 3 survey in a building which is still occupied? A BIG NO NO.
After a type 3 survey if it has been completed properly your building will look like it has been vandalised, the purpose of this survey is to find the asbestos so that it can be removed , NOT TO BE MANAGED, the walls floors voids, trunking, ceilings window voids will all have to be opened up, all areas have to be exposed, it sounds like the surveyor was a cowboy and your employer did not know what he was getting himself into.
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