Asbestos Surveys and Removals Progress Report Financial Year 07/08

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1 Report title Asbestos Surveys and Removals Progress Report Financial Year 07/08 Agenda item 8 Meeting Date Finance, Procurement & Property Committee 16 June 2008 Report by Document Number (12/05/2008) Head of Property FEP 1204 Summary Good progress has been achieved in 2007/08 in making LFEPA premises safer in terms of asbestos contamination and the removal of asbestos. 18 tonnes of asbestos containing materials were removed from the LFEPA estate under controlled conditions and were disposed of safely. The embedded asbestos in three LFEPA premises (Tottenham, Bexley and Hornchurch) was reduced dramatically. This report updates on progress made in meeting the objectives set out in Authority reports (FEP 735 Jul 05), (FEP 873 June 06) and (FEP 1002 April 07) on the Authority s Asbestos Management Plan. Recommendations(s) That the Committee: (a) note the progress to date. (b) approve the carrying out of annual re-inspections of all properties as required under regulation 4 of the Control of Asbestos at Work (CAWR) 2006 Regulations (paragraph 5). (c) approve the revised 2008/09 capital expenditure for asbestos of 340,000, to be contained within the approved capital programme (paragraph 4). (d) note the revised estimates for the future financial years. 1 of 7

2 1. Introduction/Background Known asbestos containing material is present in 80 stations (out of a total of 112 stations) of the Authority s estate. On 21 May 2004 a new duty to manage asbestos became law as part of the Control of Asbestos at Work Regulations (CAWR ). This was subsequently updated by CAWR 2006 which detailed tighter requirements on fibre release. This duty requires those who have control of (or maintenance and repair responsibilities for) non domestic buildings and the common areas of leased premises to manage the risk from asbestos on their premises. The Authority approved (FEP 735 July 2005), (FEP 873 June 2006) and (FEP 1002 April 2007) for officers to undertake the following: i. Engagement of a dedicated asbestos manager until 2012 to oversee the management of asbestos in the Authority s estate. ii. iii. iv. Engage the services of an asbestos management consultant to aid in the management of asbestos across the estate. Carry out a risk assessment for all Asbestos Containing Materials (ACM) identified at premises followed by a detailed type II inspection. Create an asbestos register both electronically and a master paper system. v. Put in place suitable controls, including labelling, to minimise the risk of exposure where ACM will remain in situ. vi. vii. viii. ix Implement an investigative strategy for planned property works to ensure that the risk of exposure to ACM is minimised before all construction and maintenance works commence. Ensure, where ACM will be removed, encapsulated or treated, that such work is undertaken under controlled conditions, whilst keeping stations operational. Record where asbestos is removed in accordance with the Asbestos and Environmental Regulations and maintain such records. Monitor, review, and agree changes to the Asbestos Management Plan as appropriate. Proactive programme to reduce the amount of asbestos across the LFEPA estate in particular given the rising costs of removal and disposal. 2. Progress and Achievements The key achievements in asbestos management to-date: i ii An asbestos manager was appointed including to act as the duty holder under Regulation 4 of CAWR 2006 to ensure that the Authority complies with the legislation requirements. An asbestos managing consultancy contract was let competitively in January 2006 which expires in July The consultant s duties included ensuring that the procedures in LFEPA s asbestos management plan and any removal and encapsulation works required at all LFEPA 2 of 7

3 premises are completed satisfactorily. The re-tendering of this contract is progressing in accordance with OJEU Regulations for procurement and a new contract will be awarded to start when the present one expires. iii iv The type II re-surveying of all Authority premises for known asbestos was completed. A significant proportion of asbestos was found to be of a high risk status requiring immediate remediation. The implications of these unforeseen costs are detailed in paragraph 4. All asbestos records were transferred to an electronically based system (Property s Premises Health and Safety File System). All type II reports, pre-project asbestos survey (PPAS) reports, HSE approvals, hazardous waste removals, notes (specify e.g. consignment; waste disposal), and air clearance certification are also available electronically. Work is ongoing to link the asbestos database with the new property management information system (Tribal). v vi Records of known asbestos at each premise are being reissued to all premises annually with detailed encapsulated colour floor plans designating the risk areas and their level of risk. A procedure is in place to ensure that all sites are updated following alterations to asbestos based materials. This accords with the adopted formal system that the premises log book is updated by the persons in control of the premises. The introduction of the bespoke system using Pre-Project Asbestos Surveys (PPAS) has proved invaluable as it provides accurate client side information under the requirements of the Construction (Design and management) Regulations 2007 (CDM 2007). During the financial year we have completed: 35 major PPAS (capital works programme) 151 minor PPAS (revenue project works) The PPAS procedure is intended to detect any embedded deleterious materials (and remove them if economically feasible) in the areas where construction is to take place and before a construction project starts on site in order to prevent premise contamination and reduce the risk of delays to the project. Since its introduction no known asbestos has been accidentally exposed during a construction project and no loss of service and consequential accidents have occurred to projects from asbestos contamination. This approach is embedded in the Property Department s project procedure guidance manual. vii viii The Authority s approved Asbestos Management Plan required under CAWR 2006 has been updated including strengthening the procedures required before taking areas off the run due to asbestos contamination. A waste database was established to record all asbestos removed from LFEPA s estate, including receipts of the HSE approval to remove the waste, the hazardous waste consignment note tracking the location of the waste and its final disposal point. During the year some 18 tonnes of asbestos were removed compared with 1.2 tonnes removed in This is the result of over 95 separate asbestos projects that were raised during this period. The embedded asbestos in (Tottenham, Bexley, and Hornchurch) LFEPA premises was reduced dramatically. It is planned to remove a further 10 tonnes of asbestos contamination in 2008/09 subject to availability of funding (see paragraph 4). 3 of 7

4 3. Asbestos Works arising from the Annual Inspection of all Premises and Capital/Revenue project works. The re-surveying and updating of the asbestos records at each site was carried out in accordance with CAWR The required amount of unforeseen urgent works required from the Type II inspections was quite high due to the interval between inspections and the deteriorating condition of the asbestos in some locations. Where high risk asbestos debris or unsafe asbestos was found, the affected areas were immediately taken off the run and remediation works undertaken to make the asbestos safe either by removing or encapsulating it. Due to the amount of defects discovered the required works were prioritised by risk, resulting in a total spend in 2007/08 of 222,385 for removals including consultancy fees. Outstanding asbestos remediation works planned for 08/09 is estimated to cost 210,000 (see paragraph 4 below). It is worth noting that unlike in office buildings, asbestos at stations is more likely to be damaged due to the 24/7 operations and the amount of equipment turnaround. The adopted asbestos strategy aimed to record the actual costs associated with asbestos works in the Authority whilst ensuring that asbestos was removed in accordance with CAWR All required asbestos works for capital/revenue funded projects would have ordinarily been costed as part of the project. All asbestos costs and if necessary reinstatement works are now allocated to the asbestos budget instead of the individual capital revenue projects thus allowing the Authority to control the asbestos related expenditure and meet H&S requirements. 4. Expenditure Profile The table below shows both the estimated and actual expenditure for the financial year 2007/08. The additional costs for 07/08 of 375,571 are primarily works costs transferred from capital projects as explained in paragraph 3 above and were funded from identified capacity in the approved capital programme. The additional costs should be viewed in the context of the actual quantities of asbestos that were removed (18 tonnes) against the planned figure (and cost) of removing one tonnes. Also the removal of the additional asbestos required more work from the consultants. In addition a type II survey was also undertaken and whose cost was not included in the original estimate. The removal of the asbestos should also be viewed not only in reducing the potential hazard that it represents but also as an investment in improving the Authority s estate. PROFILE OF EXPENDITURE 2007/2008 Estimated Budget 2007/2008 Out turn Profile Asbestos surveys including inspections and consultant fees 145, ,000 Removal works 160, ,071 Asbestos manager 56,500 58,000 4 of 7

5 Total 361, ,071 Part of the increase in costs has resulted from economic pressures within the asbestos industry relating to increased cost for indemnity insurance, higher landfill taxes and increased transportation costs. The following funding profile was included in report (FEP 1002 April 2007): PROFILE OF EXPENDITURE Asbestos Surveys including Inspections and Consultants Fees Planned Removal Works Asbestos Manager Total Annual Expenditure 2008/09 145, ,000 58, , /10 130, ,000 60, , /11 110, ,000 63, ,000 The approved 2008/09 capital programme included 343,000 for asbestos works. The additional forecast costs for 08/09 are: (i) (ii) A statutory requirement to carry out annual type II re-inspections. An annual reinspection will add expenditure in the region of 125K to the asbestos budget. The outstanding asbestos remediation works to be carried out in 08/09 arising from the 2007/2008 inspections. These are estimated at 210,000. The additional estimated sum required for 2008/09 is 340,000 and is based on known existing information and approved capital projects and known revenue projects. It is proposed to fund this additional cost from identified slippage in the approved 2008/09 capital programme. The revised funding for 2009/10 onwards is to form a pre-commitment on the corresponding year s capital budget. PROFILE OF EXPENDITURE Asbestos surveys including inspections and consultants fees Planned Removal works Asbestos Manager Revised Total annual expenditure 2008/09 270, ,000 63, , /10 225, ,000 64, ,000 5 of 7

6 2010/11 200, ,000 65, , Future Actions The Authority is required to continue to comply with Regulation 4 of CAWR. Accordingly the following strategy is recommended: i. re-tender the asbestos consultancy contract for a five year period; ii. iii. carry out annual type II surveys; provide general asbestos advice to the Authority, support and training to LFEPA managers where required to facilitate the implementation of the Asbestos Management Plan and ensure a safe working environment. 6. Conclusions The approved policy by the Authority in managing its responsibilities for Asbestos in compliance with the requirements of legislation has been prudent and measured. The planned removal of asbestos and maintenance strategy complies with the statutory requirements whilst reducing LFEPA s risk exposure. It also meets the Authority s stated Strategic Objectives, namely: Aim 2: Influencing and regulating the built environment to protect people, property and the environment from harm; Aim 4: Managing risk by using our resources flexibly, efficiently and effectively, continuously improving the way we use public money and Aim 6: Operating in accordance with our values, and ensuring that safety, sustainability, partnership and diversity run through all our activities. 7. Legal and Democratic Services Comments None. 8. Head of Finance Comments None. 9. Health and Safety Implications It is essential to ensure full compliance with the CAWR Regulations 2006 and also to ensure that managers receive suitable information, instruction and training to fulfil their responsibilities. They should be aware of the current surveys carried out at their premises as recorded in the Premises Log Book. Routine visual inspections of the fabric of the buildings are an integral part of their premises health and safety inspection and monitoring role. 6 of 7

7 10. Environmental Implications Failure to dispose of Hazardous waste in accordance with environmental legislation may result in public prosecution if the Authority was the origin source of the pollution. Maintaining records of hazardous waste disposal notes is a legal requirement. A benefit following asbestos removal to loft areas is that the replacement installation improves the overall building energy performance reducing its CO2 emissions. 11. Equalities Implications No adverse equality impacts have been identified List of Appendices to this report: 1. none Local Government (access to information) act 1985 List of background documents 1. Some text in NumbListNoSpace style 2. Some text in NumbListNoSpace style Proper officer Contact officer Telephone Head of Property Lloyd Bentley x of 7

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