The replacement for MDHS 100, titled ‘Asbestos: The Survey Guide’ has been scheduled for publication at the end of June 2009, subject to a regulatory impact assessment.
The Survey guide is aimed at surveyors who carry out surveys particularly as part of Managing Asbestos but also for surveys in
domestic premises, where the duty-to manage asbestos is implicit under wider health and safety legislation. It sets out how to survey premises for asbestos containing materials (ACMs).
The document builds on and updates the previous guidance taking into account the practical experiences and information and knowledge which have been gained since the explicit duty was introduced. The document is also aimed at those who commission surveys particularly as part of the arrangements to comply with the Duty to- manage asbestos. Its aim is to make the client an informed and intelligent customer so that the most appropriate type of survey is conducted, the survey is as comprehensive as possible and that the survey data is used effectively and to optimum effect ensuring that asbestos is adequately managed in buildings. The following is an overview of the main changes and intentions of the new document, based on draft 2 of the document which was issued for comment on the 24th December 2008, it includes:
• New definitions for types of surveys
• Specific guidelines for clients
• Avoidance of disclaimers/caveats
• Strengthened guidance on competence
• Greater detail on conducting refurbishment/demolition surveys
New definitions for types of surveys
‘Asbestos: The Survey Guide’ will define only two types of survey, as opposed to the current MDHS 100 document which defines a type1, type 2and type 3 survey. The two types of survey which will be defined are:
• Management survey
• Refurbishment/demolition survey
The purpose of a management survey is to allow normal occupancy / activities to continue in the building and to allow associated maintenance / installation etc, involving minor intrusive work to be carried out without unknowingly disturbing asbestos.
Refurbishment / demolition surveys include minor refurbishment work. Surveys can still involve a combination of sampling and presuming that ACMs are present. The Duty Holder will need to decide when a refurbishment / demolition survey is appropriate, and this will be when any work is carried out which disturbs the fabric of the building in areas where a management survey has not been intrusive.
Specific guidelines for clients
Several sections have been added to the new document containing specific information for the Duty Holder (as defined under Regulation 4 of the Control of Asbestos Regulations 2006). The additional guidance aimed at the client or duty holder includes.
• Purpose of a survey and how it is part of the Duty to Manage, i.e. compliance with Regulation 4 of the Control of Asbestos Regulations 2006.
• How to select a competent surveyor
• What to expect from a survey
• What to do to check the accuracy of the survey report
Avoidance of disclaimers/caveats
There is a specific section in the new document covering caveats and disclaimers. It outlines the impact and potential problems that caveats and disclaimers can create for those tasked with managing asbestos. The document explains how caveats can be avoided by proper discussions and planning. If caveats have to be used they should be:-
• Fully justified
• Agreed between the duty holder and surveyor
• Documented in the survey report
Strengthened guidance on competence
The section of the document on competence of surveyors has been strengthened to include an explanation of what competency means as far as asbestos surveying is concerned and how a duty holder can check for competency. The revised document uses the 2 stage approach which has been used in the Construction (Design and Management)Regulations.
(i) An assessment of the company’s or individuals survey expertise and knowledge of health and safety to determine whether these are sufficient to enable them to carry out the survey, competently, safely and without risk to health.
(ii) An assessment of the company’s or individual’s experience and track record to establish if it is capable of doing the work and that it recognises it limitations.
In addition the guide also includes what to do in the absence of accreditation / certification of the surveyor. In this case the client should check what policy and procedures the organisation has for quality control and quality assurance. Quality control checks, such as re inspection (and if necessary, corrective action) should be carried out on work in progress. The numbers of repeat samples should be adequate to detect errors and will vary with the complexity and variety of the materials being surveyed.
Greater detail on conducting refurbishment/demolition surveys
The annex to the document relating to refurbishment / demolition surveys provides additional guidance to assist in completing this type of survey. The intention is to provide details of specific areas that will be required to be inspected in a refurbishment / demolition survey. It is not a complete list. The guidance also attempts to describe these areas and illustrate how to collect samples. These items are in addition to those which would normally be found in a management survey.
