Asbestos Hub Magazine - Issue 12

ASBESTOS

HUB MAGAZINE THE PREMIER INDEPENDENT, QUARTERLY MAGAZINE FOR THE UK AND GLOBAL ASBESTOS INDUSTRY

#12

Spring 2024

CONTRACTOR CHECK-IN New interview feature with UK Environmental & Asbestos Solutions’ Tony Murphy

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PUBLISHER

ASBESTOS HUB ISSUE 12

Ben Chambers

ben@globalnews.media 01903 952 648

EDITOR

Toby Wilsdon

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Nicki Chambers

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Joe Bers

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Asbestos Hub is in media association with UK Asbestos Training Association (UKATA) Asbestos Hub is published four times a year. Subscription records are maintained at Global News Media Ltd, Suites 5 & 6, Chapel House, 1-6 Chapel Road, Worthing, West Sussex BN11 1EX. Articles and information contained in this publication are the copyright of Global News Media Ltd and may not be reproduced in any form without the written permission of the publishers. The publishers cannot accept responsibility for loss of, or damage to, uncommissioned photographs or manuscripts.

Welcome to the spring issue of Asbestos Hub Magazine.

Between issues, the industry marked Global Asbestos Awareness Week and although I have a rather eclectic mix of industries on my LinkedIn feed these days, the UK asbestos abatement industry clearly made more noise than anyone else during this period, echoing the Asbestos Disease Awareness Organization’s aim of raising awareness. It was fantastic to see so let’s keep on raising that awareness and making even more noise.

We will be doing just that as we are supporting Mesothelioma UK by inviting them to be our charity and sponsor at this year’s British Asbestos Awards. The event is once again to be held in London although this year it’ll be bang in the centre, adjacent to St Paul’s Cathedral. You can find out more about this year’s awards inside. I would love to see even more of you there.

We have our very first CONTRACTOR CHECK-IN interview, in which we are delighted to welcome Tony Murphy, Technical and Quality Manager from UK Environmental & Asbestos Solutions Ltd as our inaugural interviewee.

Tony and I have a thorough chat on his career history, notable projects he’s worked on and what makes UK EAS stand out from the crowd. All of this and an awful lot more. You can read Tony’s interview on page 16.

If you want to feature as the subject of CONTRACTOR CHECK-IN, please do contact me.

Also in this issue, we have regular columnist Nick Garland’s fascinating insight on the five takeaways from the new exposure guidance from page 22.

I would love to hear from those that attended the ASTM International Beard Conference: Asbestos Terminology. The event, held in Philadelphia earlier in April, bypassed me entirely and therefore I’d be very interested to hear from delegates as we will be putting a feature together for the summer issue.

I do an awful lot of demolition site visits and we will be adding to these by showcasing the very best that British asbestos abatement can offer, joining up with asbestos removal contractors for the day and where suitable, videoing for our socials. We will also be running a new set of case studies for the continually evolving Asbestos Hub Magazine. Please do let me know if you want me to join you on site.

I hope you enjoy reading this issue as much as we have producing it.

Three years on from our debut issue we are more committed than ever to fully supporting the industry.

I hope to see you in London in May for UK Construction Week.

My very best,

Ben Chambers Publisher, Asbestos Hub ben@globalnews.media

ASBESTOS HUB MAGAZINE | 3

CONTENTS UKATA News: All the latest news and information from the industry body

10

UKATA at UK Construction Week London

The 7th European Asbestos Forum Conference, in Brussels

14

6

12

More than 250 public buildings across 20 of the largest UK councils had asbestos removed in the past year

CONTRACTOR CHECK-IN with Tony Murphy of UK Environmental & Asbestos Solutions

18

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24

Join the international asbestos management exhibition, ASBESTONOMY in Madrid on 19 - 20 June 2024

26

Five takeaways from the new exposure guidance by Nick Garland, Founder of Assure360

30

British Asbestos Awards

Mesothelioma UK is announced as charity partner to the British Asbestos Awards Mesothelioma UK Charity Ladies Lunch

34

36

Charities come together to support a cure for Mesothelioma

The duty to manage asbestos in buildings

40

Director jailed for failing protect workers from asbestos exposure

UKATA continues to raise awareness during Global Asbestos Awareness Week 2024

44

38 42

Contamination & Land Remediation Expo

46

$1.3AUD million fund to fix asbestos-riddled playground frozen after school budget cuts

EPA issues warning to councils after asbestos found in Melbourne parks

50

EPA bans asbestos, a deadly carcinogen still in use decades after a partial ban was enacted

The former Turner Brothers Asbestos (TBA) site

54

48

52

New IANZ accredited mobile facilities for bulk and air sample analysis in New Zealand

ASBESTOS HUB MAGAZINE | 5

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ASBESTOS

CONFERENCE 2024

Don’t miss this exceptional opportunity for professional growth and learning at the forefront of the industry.

Leonardo Hotel, East Midlands Airport Wednesday 26 June 2024 | From 7:00pm Evening Reception Kick-off the event with an informal gathering the evening before the conference. Join us anytime from 7pm for complimentary drinks and buffet. For those staying overnight, we've arranged preferential room rates for your convenience.

Thursday 27 June 2024 | 10:00am - 3:00pm Conference Day Featuring a dynamic lineup of discussions from key industry leaders. We are thrilled to announce that representatives from HSE will be sharing the latest updates, and experts from Mesothelioma UK will provide insights into the newest trials and advancements. The conference will also showcase cutting-edge industry technology, feature an international speaker, and include an interactive Q&A panel. Stay tuned to our LinkedIn page, as we will be revealing more speakers in the weeks to come.

Enjoy a complimentary lunch and the chance to network with peers and industry authorities.

Tickets are available for £75 per person for Non-UKATA Members.

BOOK NOW Terms and conditions apply. Times and speakers may be subject to change.

ASBESTOS HUB MAGAZINE | 7

Check Certificates: Why It Matters UKATA highlights the importance of training certificate validation, to ensure competency, site safety, employee safety, and to protect the public.

In its ongoing commitment to uphold the highest safety and integrity standards in the asbestos training industry, UKATA remind readers of the critical importance of validating training certificates.

The new UKATA certificate launched in December 2022, is designed with advanced anti-fraud features, including a fail-safe QR code, ensuring they cannot be replicated without immediate detection. Despite these measures, and our members training over 18,000 delegates monthly, data shows that only 5% of certificates are ever validated.

Despite best efforts from UKATA, a small number of unscrupulous individuals continue attempting to create and use fraudulent certificates, putting themselves and members of the public at risk, thus highlighting the need to ensure certificate validation.

Why Validate?

Validating certificates is not just about compliance; it's about ensuring the safety and competency of individuals on your sites. It's a crucial step in safeguarding workplaces and upholding the professional standards we all value. This applies not just to UKATA certificates but to all training certificates across the industry, whether they be for face fits or other safety-related qualifications.

UKATA operates a zero-tolerance policy towards certificate fraud. Any attempts to create, issue, or use a fraudulent certificate are dealt with swiftly and reported to the relevant authorities including The Health & Safety Executive (HSE).

8 | ASBESTOS HUB MAGAZINE

Only 5% of certificates are ever validated!

Take Action: Always Validate UKATA Certificates Use the QR code on each certificate for quick and secure validation. Protect your sites, your people, and the reputation of our industry. The validation process takes a few seconds to complete online. Report any fraudulent certificates to UKATA on 01246 824 437 or info@ukata.org.uk.

UKATA’s Chief Operating Officer, Craig Evans said:

UKATA is committed to protecting the public, members, associates, workers, and their employees from the risks associated to asbestos exposure.

If health and safety training is being overlooked this not only increases workers risk of exposure to deadly asbestos but also the buildings users.

Asbestos related health issues such as lung cancer and mesothelioma are not identified immediately after exposure to asbestos. It can take between 15 and 60 years before these diseases present themselves.

Let's work together to ensure a safe working environment for all. Validate every certificate, every time, regardless of the issuing body and always report any fraudulent certificates so we can ensure protection.”

ASBESTOS HUB MAGAZINE | 9

UKATA at UK Construction Week London UK Construction Week (UKCW) London has announced exciting plans for its return to London’s ExCeL from 7-9 May, with a host of new features including interactive demos and international pavilions from across the globe.

The three-day show is once again co-located with The Offsite Show and Concrete Expo - the stand-alone, two-day concrete event for anyone who buys or specifies concrete, products or solutions.

Supported by The Concrete Society, Concrete Expo will be of interest to engineers, general

contractors, architects, designers, planners, surveyors and local authorities, alongside the more traditional concrete contractor, in an audience of over 5,000 construction professionals.

Market-leading companies already confirmed include PERI, Tyrolit, Multiquip Bay-Lynx, McCrory, Camfaud Concrete Pumps and Screening Eagle.

With a myriad networking opportunities and seminars dedicated to tackling topics in the industry, there will be Building Safety Workshops running at the Culture Change Hub hosted

10 | ASBESTOS HUB MAGAZINE

by the BMF (Builders Merchants Federation) across the three-day show.

Visitors can visit the following sessions to learn about a wide variety of safety topics in the industry: • Tuesday 7 May – Focus on Housebuilders • Wednesday 8 May – Focus on Consultants • Thursday 9 May – Focus on Principal Contractors Visitors can also visit UK Asbestos Training Association (UKATA) who are exhibiting at the show, to find out more about asbestosfocused awareness and their approved training courses for those whose work could foreseeably expose them to asbestos.

Other exhibitors covering health and safety in the industry include SiteGuard, CHAS and Abacus

Training Solutions and can be found in the show’s Build section.

Registration for UKCW London is now live (and free) through the new-look website.

The London show is complemented by its sister event, UKCW Birmingham, which takes place at the NEC from 1-3 October.

The NEC was the birthplace of UK Construction Week in 2015 and the trade show has grown to become the UK’s largest built environment event. Details on the Birmingham programme of events and speakers will be announced in due course, but exhibition space is already filling up – to enquire for your business, contact Info@ukconstructionweek.com To find out more about both shows and to register for UKCW London for free, visit https://ukcwlondon-2024.reg.buzz/cab-pr

ASBESTOS HUB MAGAZINE | 11

7- 9 M AY 2 0 2 4 | E X C E L

The 7th European Asbestos Forum conference will have about thirty top speakers from six continents and participants from some thirty countries too.

It has become the annual most global asbestos conference on the planet, the place to be for any asbestos professional who strives

to excel, learn the latest from the best and join the global European Asbestos Forum network. Simply unmissable! Aside from being a highly educational event, it is also known for its welcoming, relaxed atmosphere and easy networking.

After last year’s resounding

success, the conference will be held again at the same fantastic venue in the historical heart of Brussels; and incidentally also right next to the fabulous Christmas Market. The programme will be announced in May and ticket sales will commence then, too.

If you would like to sponsor the conference or volunteer, you are welcome to write to Dr Yvonne Waterman at yw@europeanasbestosforum.org.

Asbestos Hub is pleased to be the media partner of the European Asbestos Forum

European Asbestos Forum

12 | ASBESTOS HUB MAGAZINE

7- 9 M AY 2 0 2 4 | E X C E L

The UK’s Biggest Construction Event

INCLUDES ENTRY TO: Concrete Expo, The Offsite Show and Grand Designs Live

• 300+ EXHIBITORS • 10,000 + PRODUCTS • NETWORKING EVENTS • 150+ HOURS OF CPD

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Asbestos removed from more than 250 public buildings across 20 of the largest UK councils in the past year Asbestos was removed from more than 250 public buildings across 20 of the UK’s highest populated local authorities in the last financial year, law firm Irwin Mitchell can reveal.

The legal experts, who support clients affected by exposure to asbestos, previously published data from the councils confirming the number of public buildings containing the hazardous substance.

The total number at the time was 4,533, according to data obtained by Irwin Mitchell through the Freedom of Information Act (FOI). The data, for the financial years 2017/18 to 2021/22, was released last April after the government rejected a 40-year deadline recommended by MPs and the Work and Pensions Select Committee for the removal of asbestos from the estimated 300,000 public and commercial buildings that still contain it.

Now, one year on, updated information requested by the law firm from the same 20 councils

reveals that 258 public buildings had asbestos removed in the last 12 months. This compares to 291 removals undertaken in the five previous years.

The data includes a large number of schools, as well as museums, community centres, leisure facilities and libraries, among others.

Expert asbestos-related disease lawyers at Irwin Mitchell have cautiously welcomed the development. However, they are calling for more to be done to further eradicate the dangerous material, which can lead to those exposed developing mesothelioma, an incurable cancer of the lining of the lungs or abdomen, or chronic and progressive lung diseases such as asbestosis.

Despite last year’s campaign activity leading to a Parliamentary debate and commendation from the Trades Union Congress, the government has yet to respond with any proposed action. As a result, as part of its ongoing

14 | ASBESTOS HUB MAGAZINE

campaign, Irwin Mitchell is also writing to the Secretary of State for Work and Pensions, Mel Stride MP, calling on the government to rethink its previous rejection of the 40 year deadline proposed by the Work and Pensions Committee.

Adrian Budgen, Head of Asbestos-Related Disease at Irwin Mitchell, said: “Our research last year highlighted how asbestos continues to pose a very real risk across the UK, not only to those working in industrial settings, but also in buildings used regularly by members of the public and public sector employees.

“Through our work, we’re sadly all too familiar with the devastating impact that asbestos can have.

We remain deeply concerned that enough isn’t being done to eradicate the harmful substance from these buildings.

“Schools continue to be one of the main areas affected, and it’s incredibly worrying that children may be coming into contact with asbestos as they are particularly

susceptible. Whilst we welcome the councils’ recent efforts, with a large percentage of last year’s removals involving schools, there are still far too many buildings containing the material which, once disturbed or requiring reparatory work, can become highly dangerous.

“We’re therefore renewing our call to the government to do more to keep people safe.”

Out of the local authorities that responded to Irwin Mitchell, this time around, Kent County Council had undergone the most removals in the 12 months to April 2023 at 56. Around two-thirds of these were confirmed to be schools or education centres. Wiltshire Council was close behind with 54; around half of these were schools or nurseries.

Kirklees Council and Buckinghamshire Council followed, with 38 and 25 removals respectively. Again, the majority of these were carried out in schools.

Cardiff Council, the only Welsh local authority approached, reported 19 removals. This included 17 schools and Cardiff Castle.

BCP Council for Bournemouth, Christchurch and Poole had 18 removals undertaken, and Leeds City Council confirmed a total of 14, the majority of which were leisure or community centres.

Birmingham City Council reported undertaking seven removals, which were only remedial works identified during asbestos surveys and didn’t include schools. Similarly, Manchester City Council’s figure of five was for operational sites and also didn’t include schools.

Both Sheffield City Council and the City of Bradford Metropolitan District Council each confirmed that four public buildings had had asbestos removed, while Cheshire East and Barnet Councils reported two and one respectively.

Croydon Council was the only local authority to respond by stating that it had undertaken no removals within the specified timeframe, whereas Durham County Council said it didn’t

hold the requested information centrally.

Further information obtained

by Irwin Mitchell also reveals that the total cost of removing asbestos from the above-mentioned buildings was around £1,111,000.

Buckinghamshire spent the most at almost £280,000, with Sheffield spending the least, at around £1,200.

Meanwhile, even though Bristol City Council responded with data, the information provided covers a range of activity carried out relating to the presence of asbestos. It did, however, incorporate removals from schools, sports facilities, allotments and markets.

Liz Darlison, CEO at Mesothelioma UK, said: “The ongoing presence of asbestos in UK public buildings is a huge concern; the number of education and health workers diagnosed with mesothelioma is unforgivable.

No one should be living with an avoidable occupational cancer in today’s UK. The current approach to managing asbestos has to be updated; so many lives could be saved.”

Buildings with asbestos removed 2022/23

Council

Cost

Barnet

1

£10,000.00

Birmingham

7

£16,400.70

BCP

18

£34,756.00

Bradford

4

£10,142.00

Bristol

49 (activities carried out in relation to asbestos presence)

£83,255.81

Buckinghamshire

25

£279,993.00

Cardiff

19

£128,542.47

Cheshire East

2

£77,299.90

Cornwall

No data

No data

Croydon

0

Durham

No data

No data

Edinburgh

No data

No data

Glasgow

No data

No data

Kent

56

£136,991.10

Kirklees

38

£128,687.52

Leeds

14

£45,868.08

Liverpool

No data

No data

Manchester

5

£6,000.00

Sheffield

4

£1,228.00

Wiltshire

54

£235,344.00

N/A

All data has been provided by the relevant local authorities through Freedom Of Information requests

ASBESTOS HUB MAGAZINE | 15

CASE STUDY Former joiner Michael Oakes, from Heckmondwike, Kirklees, was diagnosed with mesothelioma in February 2022.

Michael instructed lawyers at Irwin Mitchell to investigate his illness and help determine how he’d come into contact with asbestos. It’s thought his exposure took place when he worked as a joiner undertaking maintenance contracts on local authority sites, including schools in Kirklees.

The 67 year old’s legal team launched a High Court case against Kirklees Council, which has consented to judgment being entered after it accepted breach of duty in respect of Michael’s exposure to asbestos.

The lawyers are now working with the local authority in relation to funding future care and treatment.

Michael left school at the age of 15, in 1971, and began employment as an apprentice joiner. He recalled working at a number of schools undertaking joinery work and being exposed to “large amounts of asbestos dust” due to the presence of asbestos materials in the school.

Michael began to feel unwell in late November 2021, with symptoms of breathlessness.

Following tests, he was diagnosed with mesothelioma.

He lives with his wife Rachel, aged 50. He has two children and

two step-children.

He said: “Before my diagnosis, I was relatively fit and healthy and enjoyed playing golf and going on holiday with my family. Sadly, my condition has deteriorated and I’m unable to do a lot of what I did before, which is incredibly frustrating and upsetting.

I have had to have a lot of treatment to help keep the mesothelioma cancer at bay, and have received a tremendous amount of support from healthcare professionals, but it really impacts on your day to day life.

“Being told I have mesothelioma was a huge shock, as it was something I didn’t know anything about. It also raised a lot of questions around how I could have developed it, and to find out that my work was to blame was another blow.

“Thankfully, I have the most amazing family who have supported me with it all; I really couldn’t have got by without them.

“While nothing can be done to change what I’m going through, I feel it’s important for others to be aware of what asbestos can do. I think a lot of people believe it to be a historical issue, but asbestos is still present in a large number of today’s buildings, posing a risk to so many.

“I wouldn’t want anyone else suffering like I am, so something needs to be done.”

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In-house and end-to-end From consultancy to demolition and remediation Collard Group is a one-stop-shop for our public sector, local authority, commercial and residential clients. In 2022 we acquired Amiante STR so together we’ve been demolishing buildings and solving complex hazardous material problems for over 30 years.

Management of the entire process, from surveying to disposal.

Full compliance with current regulations.

Experience in a range of sectors and properties.

LEADERS IN DEMOLITION AND WASTE MANAGEMENT Demolition & Enabling Works

Waste Management

Aggregates & Concrete

CONTRACTOR CHECK-IN with Tony Murphy of UK Environmental & Asbestos Solutions

BC Who do you tend to work with?

TM Predominantly, we’re engaged in ongoing term contract works, social landlords and facility management consultants but on the demolition side we’ve been handling everything asbestoswise for Coleman Group. We were introduced to them about 18 months ago and since then have performed both licensed and nonlicensed asbestos removal works on several medium and large scale contracts around London, the home counties and Birmingham, where they are based.

BC Birmingham is their head office, but they also have a satellite office in London.

Ben Chambers Can you tell me about UK Environmental & Asbestos Solutions and how you got into the industry?

Tony Murphy We’ve been an operating LARC since 2008. In 2011 the current directors, Mark Lamb and Andy Sheridan took control of the company and we have since then gone on provide our services for many blue chip organisations.

Our reputation and standards are consistently improving and our client base is growing.

UKEAS is the preferred contractor for several local authorities, housing associations, manufacturing facilities and industrial corporations also.

We’re permanent contractors for the Kraft Heinz Group and are in charge of the maintenance for Heinz with regard to asbestos.

We are also the favoured licensed asbestos removal providers on major demolition works, obviously we get involved with demolition contractors and do the licenced side of things and sometimes the non-licenced side.

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TM Yes. We’ve worked for both offices on quite high profile jobs. We’ve recently had our three-year asbestos licence renewed by the HSE’s ALU (Asbestos Licensing Unit), which, due to our hard work and diligence went very well. A full licence was issued and the ALU feedback was extremely positive.

We believe in a positive health and safety culture and enjoy an open and honest relationship with both clients and other professional bodies.

This commitment has led to us being on first name terms with a lot of the HSE FOD inspectors and other officers within the ALU. Building a good health and safety culture is a progressive and evolving process which is centred on reputation and honesty. We don’t want to hide anything from the HSE, we want to be as open as we possibly can and conduct our operations in total compliance with all current standards.

UKEAS is committed to worker involvement to develop a solid safety culture among our staff and managerial team. The management has been instrumental in developing an environment of openness and transparency

throughout the business, which extends to every interaction from HSE and our clients as well as our valued suppliers and other service providers.

BC Tell me about any memberships or accreditations you have TM We’re ARCA Gold Standard members at the moment through the auditing and the training we have received. The full spectrum of training provision is attained through ARCA (Asbestos Removal Contractors Association) from Operatives and Supervisors to Project Managers and Directors.

All our team are ARCA trained and that was a conscious decision that we made about three years ago.

We’ve been ARCA members for quite some time and decided to stick with them as we saw them as the industry leading standard. The ARCA Regional Members meeting that we attend every couple of months have proved very valuable.

At the events you bounce off other members and have that feedback and alternative insights on specific industry topics. It’s a good setup that they’ve got at ARCA, we can just contact any of the guys for advice and sometimes they’ll contact us for a bit of advice as well, it’s very much a two way street.

We are also British Safety Council Members, Safe Contractor Approved, Construction Line Gold (SSIP Acclaim) and CHAZ. BC Do you find that with ARCA you can go to a regional meeting and speak freely with competitors about how they might approach a project?

TM Yes, and I think it’s good to see because you’re raising your standards. You have your compliance side of things, the HSE guidance, but if you can find a better, more efficient, more controlled standard by working

in those thinktank groups, I think that’s all to the power of good.

You’re also dealing not just with the other removal contractors, as you’re speaking to analytical companies, you are speaking to the guys at the HSE because they will attend from time to time and they’ll do their own talks on a range of related HS&E topics, not just asbestos, they will be highlighting asbestos issues of course, but also, they’ll be discussing other topics like working at heights, confined spaces, all kinds of things that are connected with what we do. We’ve had a lot of benefit from it.

We’ve increased activity within ARCA and the auditing process.

Last year in the run up to our licence renewal, we upped the number of audits that we wanted done. You are allowed six per year as part of your membership so we doubled that to make sure our standards weren’t slipping. It does pay off as the last two years the HSE audits have been great.

When you’re setting your projects up, research with your clients and anybody else that you’re working with; you’ve got to make sure everybody’s involved and understand they’ve got a stake in the process.

You might be a small cog in a big machine, but without that cog, without everyone oiling that cog it’s not going to work. If everything is planned correctly as far as possible, you don’t get any downtime and hitches because we’re involved in the process.

That’s the way I like to work.

We’ll put on extra men if need be to get the job done quicker. But the more planning upfront that you do, then the better you can iron out 99% of the problems.

BC No two jobs are the same, but do you have an EAS way?

TM Yes. We have our Standard Operating Procedures that are based on the contractors’ guide.

But on the back of that we have our own particular process

20 | ASBESTOS HUB MAGAZINE

methods which refine the works.

Like all ACOPS, we ensure our SOPs and RAMS are equal to or better than the expected standards.

We have found better ways, often more simplified ways, but certainly safer ways of doing it. We’ve got over 100 years’ experience in the management team, which I think helps.

My background is from more the analytical side. I started off at National Britannia. I don’t know what they are called now but National Britannia has been going for years. The first job was with Casella HazMat and off the back of that Wimpey Technical, which was taken over by National Britannia, and I ended up as an Operations Manager for National Britannia from around 2004 until 2009.

That gave me a good grounding in the gamekeeper side of it.

You’ve got contractors coming on site, we had a supervisory licence to manage those sites for sizable companies and large scale NHS authorities, such as Birmingham NHS and Birmingham and Solihull Mental Health. We managed multiple contracts, and I got to see the way different people worked, you got to see the good and you got to see the bad.

BC What would be a standout project for you in your time at EAS? TM Well, there have been several, but I would say that the Kraft Heinz projects have been the most rewarding. They are completely regenerating the site – huge warehouses, multi occupancy buildings – so again you’re working with multiple teams and multiple trades to get the job done and you’ve got the HR department, Health and Safety, all involved in the process. You’re working your way through all kinds of problems – where’s your footfall going to be; are you going to be in the way of FLT routes, complicated isolation issues, etc, etc.

It’s those kinds of jobs that I really like.

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If you can tackle the difficult projects, then the simple projects become second nature and you don’t have to worry too much about them as long as you’re keeping an eye on your guys, you know that it’s been set up properly.

We’ve had city centre asbestos sprayed coating removal jobs that we’ve done recently at Spring Gardens in the historic centre of Manchester on Pall Mall. That was a good one for us. When I say good, I mean complicated, ones that we tackled well, made the targets, hit the project parameters and all the dates for completion.

We’ve had glowing reports from Ford Transmissions on Merseyside (Halewood). We were invited in a couple of years ago because they had been let down by another contractor, but since then we’ve been their go-to guys as they know they can trust us. We ensure they are compliant at every stage and everybody’s kept in the loop. You’ll be working with the analytical, surveying companies and the Ford site safety teams. They’re all involved in the process, as well as the renovation guys and M&E technicians.

BC How do you gain new business?

TM We are involved in several construction-based groups similar to BNI (Business Network International) but specifically for construction trades. On the back of that we get all kinds of leads for people that want our services.

We also attend the ARCA meetings and the NFDC. Rebecca being the Business Development Manager is very much involved in that.

BC How about demolition and NFDC? TM A lot of the demolition guys are non-licenced trained anyway so they will have the insurances but many of them don’t want to tackle the fully licenced stuff, they like to farm that out because of the implications if things go wrong.

Our involvement would probably be on the larger scale non-licenced works and all of the licenced removal works. We are the guys to call for the riskier ones,

because we deal with it.

Other contract avenues are the portals. We keep our eye on all the tendering portals where there will be a block of work that’s been uploaded to the government websites. We are on all the government websites and on the MOD site. We check those and then any opportunities to tender that come up for term contracts we always apply for them.

We keep up to date with the ISOs, so we’ve got the ISO for the environmental, quality, and health and safety.

We want to be the best, we’re trying to develop that reputation.

I used to work for a company called Torus Homes. We were in charge of about 39,000 properties of a social housing provider in the north-west. I oversaw the asbestos side of things and I was known as a guy who commissioned people to do work for me and as long as they did what they promised they were going to do and didn’t give me a headache, I’d use them again and again.

BC How do you deal with initial and ongoing training?

TM After three months there’s an initial audit assessment of progress from trainee. Then there’s another audit assessment after six months and 12 months and then after two

22 | ASBESTOS HUB MAGAZINE

years they finally get signed off as a fully-fledged asbestos operative.

When they pass these stages they get a financial increment, it might only be 10 pounds a day or whatever. Everyone is on an equal footing. They’re all assessed based on merit. The better you are the quicker you progress.

We keep everybody fully trained.

We’re trying to get everybody trained so they’ve got the PASMA, IPAF, confined space etc. It’s not just the basics that we do, we want to help those guys to be multifunctional operatives. It’s the same with the supervisors – we’re putting everybody through the SMSTS, Site Management Safety Training Scheme and SSSTS Site Supervision Safety Training Scheme, all the recognised CITB, Construction Industry Training Board stuff.

We are very much involved in the British Safety Council, we get training from them and we keep on top of when refreshers are due through our TNA trackers and any audit findings.

BC Where do you tend to advertise jobs?

TM We post them in local advertisers because the council that we work for wants us to employ locally if we possibly can. If we are working at a distance, we set up a satellite office and hire locally there.

BC What’s the working culture like at EAS?

meeting and if we think it’s a good idea or not, with the rationale behind it.

TM It’s good. We’re a team. We have an asbestos managers’ meeting twice a month and then an informal one in the interim. Every month we get all the guys in. In two sessions we will do training courses, we’ll pick an asbestos related training topic, for example electrical safety and spray coating removal. We’d have a two-hour session, we’ll introduce the topics, we’ll tell the guys about what’s been going on that month, what we’ve got coming up and then we’ll discuss that and then invite suggestions.

We have a suggestion box so at the end of every project we can see what went well, what went badly.

We’re getting feedback all the time.

That’s the only way I like to work because I see it very much as a team-based situation. Anything that you’re doing involving other people, you want to let them have their say. When we do the meetings, we send out the meeting minutes and we invite people to give feedback. We’ll say, in the minutes what feedback has been discussed in the management

BC Do you have any notable projects in progress or planning that you can tell me about?

TM Yes, we have a project that we have starting next week and that’s for the University of Oxford. It’s a confined space job so we’re going to be working underground and very much involved in the mechanical and electrical side of things.

BC How do you envisage the company in the next 5 to 10 years?

TM We’re looking to grow steadily because one of the problems you sometimes get is when a company expands too quickly you lose control over it. We’re going to continue to develop the core teams and introduce another team of three guys, say, every three months and steadily grow and maintain that business.

AND FINALLY What would be your tipple of choice?

Probably Jack Daniels and Coke.

I’m not a big beer drinker to be honest. A JD with Coke I’ll probably nurse that for half an hour.

What’s on your bucket list?

I want to return to the Yucatan Peninsula. There are all sorts of Mayan ruins like Tulum. The place is absolute paradise.

There’s a “football stadium” where they played football with the heads of their enemies. The acoustics are fantastic, when you whisper it echoes back at you.

What’s your ideal weekend?

I’m a boring old bugger, I’ll probably spend time with the family and go to our allotment – we have a half-acre allotment where we organically grow 90% of our fruit and vegetables – and then I would probably go out for a nice Greek meal with the missus.

Simple tastes.

Be or do?

I’d rather be doing. Do.

ASBESTOS HUB MAGAZINE | 23

24 | ASBESTOS HUB MAGAZINE

19 - 20 June 2024 The international asbestos management exhibition, ASBESTONOMY, will take place on 19 and 20 June in Madrid.

We are expecting 200 international decision-makers to join us for insightful conferences led by global experts.

Created in 2022, Asbestonomy’s raison d’être is to reduce the risk of exposure to asbestos worldwide. As simple as it may seem, this ambition is far from being achieved. Today, millions of people, at work or in their daily lives, are exposed to asbestos fibres, sometimes without knowing it.

With conferences led by experts and convivial moments, this event travels regularly to be as close to you as possible. After the successes of London in 2022 and Brussels in 2023, we’re heading for Madrid in 2024. We will cover European directives, management

in emerging countries, feedback, and identification and management. The programme has been published on the website https://asbestonomy.com.

Why in Spain?

Over the past years, numerous laws concerning asbestos have come into effect, both at the European level and within Spain.

These regulations signify a concerted effort to address the risks associated with asbestos exposure and ensure public safety.

Spanish Initiatives: Ban on asbestos use, production, and trade since 2001. 2022 Law on Waste and Contaminated Soil Management.

Compensation for Victims: Recent 2023 Law establishes a compensation fund for asbestosrelated victims.

EU Regulation Act: Aiming for asbestos elimination across Europe by 2032. Catalonia sets a goal to remove asbestos from public buildings by 2028.

We are thrilled to announce a partnership between Asbestonomy and Asbestos Hub, the UK independent magazine dedicated to asbestos abatement and removal. This collaboration brings together our networks and expertise, furthering our commitment to the industry.

Asbestos Hub, represented by Ben Chambers, will be present at the Asbestonomy event.

ASBESTOS HUB MAGAZINE | 25

Five takeaways from the new exposure guidance

by Nick Garland, Founder of Assure360

highlight the main points from the guidance. Here I’ve listed the most important issues raised, along with their implications, and how you can make sure you’re in compliance.

For the past few years I’ve been writing about personal monitoring and exposure guidance. It’s an area that the entire asbestos industry has struggled to grasp. By ‘the industry’, I include everyone: licensed asbestos removal

It exists!

My first takeaway is that the guidance exists at all. It’s always been amazing to me that an area of the industry so important has been overlooked for decades. But it is here now, and what’s more it’s pretty good guidance. It’s clear,

contractors (LARCs), analysts, and the Health and Safety Executive (HSE). And frankly if these last two have struggled, what chance did the LARCs have?

In a continuation of our focus on the issue, I thought I would

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as concise as it could be, and it’s muscular – as in it goes slightly beyond the why and how to help address some of the blockers.

You can get a copy from your trade association, from the AN’s new official home on the CONIAC website, or download it from our website.

Good strategy Takeaway number two would be that it demands a much improved strategy. The old approach to personal monitoring was that 40% of asbestos insulation board (AIB) jobs, 60% of pipe insulation, and 100% of ‘flock’ jobs would get a personal monitoring test. The obvious flaw with this approach is that both a one-day AIB boiler cupboard job, and a one-week AIB ceiling project with 10 operatives, count as one job.

I appreciate this might have been the best we could do before widespread use of Excel and computers, where everything was locked away on paper, but we’ve been able to do much better for decades. Now that we have access to databases, and Excel is commonplace, the guidance takes us to another place entirely.

Our monitoring strategy now needs to be risk based. So – other than what asbestos-containing material (ACM) we are dealing with – what makes one activity higher risk, and therefore one we should target with personals?

• Quantity – debris is very different to multiple panels, • The fixing – glued, nailed, screwed and lay-in are all very different, • The environment (e.g. tight spaces or above head height).

Does the situation perfectly match your controls? Can you spray, will there be breakage?

• Who is doing the job – a new starter (whether that is someone fresh from a new op course, or an agency operative you don’t know from Adam) is much higher risk than a trusted, careful employee.

All of these will need to interact, so that Barry the new starter is targeted more than 10-year veteran Tom when removing a one-off AIB panel. Similarly, 10 operatives removing panels for seven days straight are targeted – and in particular Barry.

You need to collect data in much more detail to be able to work all this out. And that means your exposure record sheets need to be expanded to include all of the following data: 1. Record the ACM and fixing, 2. Record what you are doing – whether it is a normal removal, or is a more complex atypical method, 3. The scale of removal – differentiate between oneoff panels and large-scale projects You also need to create categories of people, breaking employees down into trusted, experienced workers, and those you need to focus on. Ultimately you need to cover everyone doing all of the activities. And once you start collecting this data, you need to process it.

There are only two ways you can unpick the meaning behind this very, very large amount of information: a spreadsheet like Excel, or a database. If you go down the first route, you will need to build a sheet that can take all this data and automatically calculate the implications of your strategy.

You need to build this out into a tool that allows you to commission the right personal test at the right time.

The first of my apologies, is that Assure360 does, of course, already do all of this for you. I’ve been talking about the subject for years, so it’s only right that I have built it into our system. The Paperless app takes data that the supervisor records (faster than they could have done on paper), automatically slices it up, and tells you who and what to test.

This decision is based on upto-the-second data and is not only

easier than a spreadsheet, it’s actually admin-free, representing no additional effort whatsoever.

The guidance recognises that this is new, and that you might effectively be starting from scratch, so there’s a bit of humanity built in.

It stresses that you should prioritise high-risk activities first, and backfill to lower risk ones when you have sufficient data.

Clients should, and analysts must The next takeaway is the huge elephant in the room: it doesn’t matter what you want them to do, the analysts and the clients won’t do it.

Understandably, the big drive for some time has been for clients to employ the analyst directly.

This removes a potential conflict of interest, but introduces others.

As the client is paying, they’re more interested in leak tests and the four-stage clearance (4SC), so personals get forgotten.

The guidance directs the client to consider their duties under the Construction, Design and Management Regulations 2015 (CDM duties), and makes it clear that personals help them discharge these. After all, a series of personals is evidence that the work is being conducted safely.

The next issue here is that the analyst often thinks that the data they record is ‘owned’ by the client, and therefore can’t be given to the LARC. This has been very firmly put to rest, as the guidance states: “Analysts must always provide full PM results directly to the LARC as soon as possible after the collection of the sample via either hard copy or electronic means...

“Failure to supply this information might be a breach of the analyst organisation’s duty H&S at Work Act 1974.”

The guidance also tells us that whoever is paying for the test, the LARC should specify what and who is to be tested.

I have never seen guidance clearer than this.

ASBESTOS HUB MAGAZINE | 27

What tests to do – and why The guidance lists the four tests you could do, but it focuses us on two: • Specific short-duration activity (SSDA) • Four-hour time-weighted average (four-hour TWA) It also explains why.

SSDA The SSDA is the workhorse test. It focuses on a specific activity, that is, not “AIB removal and fine clean”, but one or the other. With that restriction in mind, it is still hugely flexible and will provide you the data you need to answer a whole host of questions: • How effective was your method – does it need to be changed?

• Are your assumptions about exposure correct?

• Are some operatives better at doing things than others?

• Can you learn from those differences?

It can even help you with assessing respiratory protective equipment (RPE) suitability and the four-hour TWA, if you design it correctly. The only thing an SSDA will struggle to cover is the old 10-minute test (but the guide effectively acknowledges those as being a bit niche these days).

Four-hour TWA The HSE sees this test as equally important to the SSDA, and there is an element of ‘just do it’ in the guidance. But at least it does tell you how to do it. I won’t go into too much detail here, but in broad strokes here’s what you need to remember.

Where the SSDA is looking at one activity, the four-hour TWA is looking at one person, and it can (and should) encompass everything they do.

The result of the test will therefore indicate the average exposure in a working day. This might give rise to two questions: why is this important and why only four-hours if we are talking about a working day?

Why is it important?

The four-hour TWA relates to the Control Limit, and the CL relates to decades of known occupational excess mortality data – i.e. how many people will die – if exposed above a certain figure per day over a 40-year period. We need to be as far on the right side of this figure as possible.

The average in a day is important, as the fact that no exposure was experienced at lunch, or when travelling to the enclosure and back, is relevant. It allows us to ‘calculate’ the likely total exposure in a working lifetime. Therefore whilst the SSDA helps us get better at what we do, the four-hour TWA is the only risk assessment for asbestos exposure.

Why only four hours?

The second question? Well that’s a bit niche. Back in the day, pumps weren’t capable of testing over an eight-hour working day, so the asbestos community went for four hours instead. That might sound like a cop-out but in fact if you target the high-risk activities as you’re supposed to, calculating exposure over four hours imposes a stricter limit.

The maths behind the fourhour TWA remains difficult, but the guidance goes into some detail on how to do it. In essence, we’re back to the Excel spreadsheet again.

That said, It would be really remiss of me not to include four-hour TWA calculations in Assure360. I have, and it does. The system automatically identifies whether the test follows the strict rules. If it does, Assure360 will do the sums for you automatically and instantly. Again, our system solves a mandatory, time-consuming task, helping you focus on your work.

Never ask an analyst to do a personal One of the most common questions from LARCs over the past 20 years must be: “Why do we always get ‘useless’ short-duration air tests?”

Well, at least part of the reason for not getting the right answer

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is that we typically don’t ask the right question. Normally we would instruct the analyst “can you do a personal while you are there?”

They would look to the (old) analyst’s guide, where they had four options.

1. The four-hour control limit 2. The 10-minute control limit 3. The (defunct) Action Level 4. Suitability of RPE As I have said earlier, analysts – along with the rest of the industry – have been scratching around in the dark. Without a deep understanding of the subject, their thought process might be: “I can’t do option one, because that’s four hours. The Action Level doesn’t exist anymore, and it’s nothing to do with RPE. So the only personal I can do is a 10-minute”.

The new guide is a huge improvement, as it introduces the SSDA, but we are still working in a subject area with precious little competence. To ensure you get the data you want, be clear in what you want.

Don’t ask for ‘a personal’. Ask for “an SSDA test on Tom, removing AIB on Monday. Please make sure the flow rate is two litres per minute and that you run it for at least two hours.”

The specificity is important, and the last two parts particularly so. If you can get most of your personals to follow this pattern, they qualify for four-hour TWA calculations and you kill two birds with one stone.

As many of you will recognise, I’ve seen it as my mission to help address the competence gap in this area. That’s why one of the first features of Assure360 dealt with exposure and it’s why I’ve returned to write about it again and again.

It’s why we recently ran a webinar to help the industry understand and implement the new guidance.

It’s one of my proudest achievements that Assure360 is so ahead of its time, its users were compliant with this guidance more than four years ago. If you want to see how our system solves the issues raised here – and much more – please do contact us for a demonstration.

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British Asbestos Awards 2024 Partnered with the British Demolition Awards Venue: Leonardo Royal London, St Paul’s Asbestos removal/supplier awards: 6 Website: BritishAsbestosAwards.com

Asbestos Hub invites all readers to join the British asbestos removal industry in attending the third annual British Asbestos Awards.

An event co-hosted with Demolition Hub alongside the British Demolition Awards sees an improved six awards up for grabs

for the asbestos removal industry.

Join us for a three course meal, networking, drinks and a party in the very centre of London.

For all the information, go to www.britishasbestosawards.com, where you can enter and also find out details of how to attend.

British Asbestos Awards (x6) Asbestos Removal Contractor of the Year (Contractors) Asbestos Industry Supplier of the Year (Suppliers) Asbestos Industry Trainee/Apprentice of the Year (Contractors) Asbestos Operative of the Year (Contractors) Asbestos Removal Project of the Year (Contractors) NEW FOR 2024 Sub-Contract Job or Partnership (Contractors) 30 | ASBESTOS HUB MAGAZINE

As the Asbestos Hub team’s focus moves to September and the third annual industry awards do, in a series of announcements starting today both in the magazine and online we are delighted to be able to announce David Harrison, Director of Spectra (www.spectra-analysis. co.uk) debuting as one of our judges at this year’s British Asbestos Awards, part of the sixth annual British Demolition Awards.

The double industry event is to be held once again in London on 6 September.

To enter either the asbestos or demolition categories or to attend the event please go to: www.britishasbestosawards.com or drop us an email at: awards@globalnews.media

ASBESTOS HUB MAGAZINE | 31

Mesothelioma UK is delighted to be chosen as a charity partner for the British Asbestos Awards.

While the main focus of our charity is specialist support, care and information for those living with mesothelioma, we are also keen to raise awareness and prevent mesothelioma happening to future generations. We have learnt that aligning ourselves with industry partners who are at the forefront of managing our asbestos legacy is essential to achieving this. Thank you for asking Mesothelioma UK to join you in acknowledging the vital work our countries amazing demolition teams provide.

Liz Darlison MBE CEO Mesothelioma UK

32 | ASBESTOS HUB MAGAZINE

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To find out more, visit our website at www.ukata.org.uk or contact our brand development team today on 01246 824 437.

Mesothelioma UK Charity Ladies Lunch 8 March 2024 Two of our team from Asbestos Hub attended March’s Mesothelioma UK ‘Ladies Lunch’ held at the Manchester Marriott Victoria and Albert Hotel.

Both Louise and Nicki had a truly beneficial and wonderful time at the event that coincided with International Women’s Day was an opportunity for guests to meet representatives from UK Asbestos Training Association UKATA (Asbestos Hub’s media partner) as well as other patients, family members, healthcare professionals, support groups,

and legal firms who specialise in mesothelioma cases.

The day included a three-course meal with drinks offered on arrival along with guest speakers.

Nicki Chambers who attended and is our head designer had the following comment on the day: “Mesothelioma UK hosted an incredible event that left a lasting impact. Dr Bethany Taylor, a health professional, shed light on the crucial need for continued research and support for those affected by this devastating disease. Michelle Spencer’s poignant real-life account

34 | ASBESTOS HUB MAGAZINE

of living with mesothelioma added a profound and saddening perspective, emphasising the ongoing challenges faced by both patients and their families. The event highlighted the importance of awareness, research, and compassionate support in the fight against this dreadful illness.

Publisher Ben Chambers, who sadly missed the event due to business engagements in the United States, said: “We are supporting the lunch today as it’s a brilliant cause and it’s the very start of bigger future plans to work even closer with Mesothelioma UK and fully support their fund raising goals.” He continued: “We have a huge responsibility to use our platform and reach to spread charity awareness.”

Charities come together to support a cure for Mesothelioma A charity collaboration has been formed with charities HASAG and Mavis Nye Foundation joining forces with Erase Meso to form THE MESO COLLECTIVE RESEARCH FUND They have pooled their donations to be able to provide grants for scientific research into the maintenance or cure for mesothelioma.

Erase Meso’s social media post states that current fund totals £350,000 and it has named the fund THE MESO COLLECTIVE RESEARCH FUND. Their aim is to end asbestos cancer via joint funding.

To find out more please go to: www.erasemeso.org/ mesocollective

www.erasemeso.org/mesocollective 36 | ASBESTOS HUB MAGAZINE

Structural Testing Swantest can provide a wide range of test solutions for all aspects of a project. This can include structural tests on the superstructure, substructure and geotechnical tests on the substrate of any project. Our range of structural tests include: Load Capacity Tests: Used for determining the load capacity of various structures, fixings and materials. We can load test structural slabs, marine structures, lift beams, pile foundations and more.

Anchor Tests: We can carry out pull tests and shear tests on all types of bolts, fixings and fasteners. From small fixings supporting a few kilograms up to large diameter bolts supporting significant loads.

Geotechnical Tests: In-situ site tests for verifying pile mats, formation layers, subgrades and other materials. These include; Plate bearing tests, CBR tests, shear vane tests, dynamic cone penetrometer test and light drop weight tests.

Balcony and Barrier Tests: Various types of horizontal load tests to check and verify the safe use of; Balcony handrails, balustrades, insert panels, sports ground barriers, bridge parapets, edge protection systems and more.

For more information call us on 0370 950 7707 Website: www.swantest.co.uk Email: info@swantest.co.uk 52-54 St. John Street, Farringdon, London, EC1M 4HF

The duty to manage asbestos in buildings Overview This guidance is for the person who has a legal duty to manage asbestos in a building – the ‘dutyholder’. This could be the: • Building owner, • Landlord for the premises, • Person or organisation with clear responsibility for the building’s maintenance or repair.

The dutyholder must protect people from the risks of exposure to asbestos. This includes people who: • Work in their buildings, • Use them in other ways.

You should assess your own competence. To do this, you may need to get some suitable training for duty to manage or additional support from industry specialists.

What the duty to manage asbestos in buildings is The duty to manage asbestos in buildings covers: • All non-domestic premises, like factories or shops, • ‘Common parts’ of multioccupancy domestic premises, like purpose-built flats.

The duty to manage asbestos is part of the Control of Asbestos Regulations. It requires the person who has the duty (the ‘dutyholder’) to: • Assess if there are asbestoscontaining materials (ACMs) present, the amount, where they are and their condition, • Presume materials contain asbestos unless there is strong evidence that they do not, • Make, and keep up to date, a

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• •

• •

record or register of the location and condition of the ACMs or presumed ACMs, Assess the risk of anyone being exposed to airborne fibres from the ACMs, Write an asbestos management plan to manage the risk, put the plan into action, monitor it and review it every 12 months or sooner if necessary, Monitor the condition of any ACMs or suspected ACMs, Provide information on the location and condition of the ACMs to anyone who may work on or disturb them, including the emergency services.

Training for duty to manage To make sure that ACMs within your premises are properly managed, you must identify the

person within your organisation who will be responsible for that management.

The responsible or appointed person should be competent to do this work. This means they should have the resources, skills, training and authority to ensure the ACMs are managed effectively.

The right person for this role will vary: • For small companies, it is likely to be the owner, • For larger organisations, where the role will be more involved, the safety, health and environment manager may be the appropriate person, • For others it may be the maintenance or estates manager, or the building or facility manager.

As a dutyholder, you must provide additional training for those in control of parts of the asbestos management plan.

You should also be aware of your responsibilities under the duty to manage asbestos – attending appropriate training will help you.

Introduction to asbestos safety Our introduction to asbestos safety provides basic guidance to help protect yourself and others from the risks due to asbestos exposure.

It points employers, workers and others to the right guidance to comply with the law, depending on their job role and includes: • Why asbestos is dangerous and where it can be found, • Carrying out an asbestos risk assessment, • Relevant legislation.

For more information regarding safety and training please visit: www.hse.gov.uk/asbestos/ duty/index.htm#training

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ASBESTOS HUB MAGAZINE | 39

Director jailed for failing to protect workers from asbestos exposure A company director has been jailed for eight months after failing to protect workers from exposure to asbestos at a student development project in Winchester.

Stephen Davies, 59, had set up Cavendish Winchester Ltd with the

sole purpose of refurbishing the Winnall Close commercial unit into student rental accommodation.

His co-director Neil Bolton, 56, was spared an immediate spell behind bars when he was handed a four-month suspended sentence

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at Southampton Crown Court on 27 March. The company itself was fined £30,000 – with all three defendants pleading guilty.

An investigation by the Health and Safety Executive (HSE) revealed the company removed an estimated ten tonnes of asbestos insulating board (AIB) during the refurbishment in late 2019 and early 2020. The dangerous materials were stripped out by workers unqualified to do the job and unaware of the risks to their health.

The investigation arose when HSE received a concern that large quantities of AIB had been illegally removed. The work was all carried out under the direction of Stephen Davies.

•

The court was told both directors were aware of the considerable extent and quantity of the materials containing asbestos within the building, as they had previously sought legitimate quotes for its competent removal.

However, they chose to save a considerable sum of money by avoiding properly planned, safe removal, by a Licenced Asbestos Removal Contractor.

They knowingly exposed workers to significant risk to their health.

In addition, the investigation was unable to determine where a very sizeable quantity of asbestoscontaminated debris ended up, such that others in the waste removal chain were likely to have been put at risk too.

All three defendants pleaded guilty to charges relating to a lack of adequate management of the removal of asbestos containing materials.

Both Stephen Davies and Neil Bolton pleaded guilty to offences under Section 37 of the Health and Safety at Work etc Act 1974, by causing their company, The Cavendish Winchester Ltd, to breach Section 4(1) of the Act. • Davies, of Petworth, West Sussex was given an immediate custodial sentence of eight months in prison.

• Bolton, of Petworth, West Sussex was given a custodial sentence of four months, suspended for 12 month, with 250 hours of unpaid work and

ordered to pay costs of over £5,123.

The Cavendish Winchester Ltd, of Newtown House, Liphook, was fined £30,000.

Speaking after the hearing, HSE principal inspector Steve Hull said: “We brought this case because, despite the directors of this company being put on notice of the risks involved, they put profit before the health of those they employed.

“The dangers to health associated with exposure to asbestos fibres are well known and a wealth of advice and guidance is freely available from HSE and other organisations.

“Structural refurbishment which either exposes or is liable to expose people to asbestos fibres should only be carried out by competent persons working to a strict plan of work to ensure safety. Higher risk asbestos removal, such as the removal of AIB, can only legally be carried out by Licenced Asbestos Removal Contractors who have the knowledge and equipment to prevent the spread of fibres and properly protect the workers undertaking the removal work.

“This work involved the removal of an estimated ten tonnes of AIB. “The defendants then tried to cover their tracks by legitimising the removal of a small amount of residual asbestos containing materials, after illegally stripping out the majority, by obtaining a new quote for legal removal of that very small remaining portion. This deliberate attempt to save money, when they knew full well that the workers would have to live with the possibility of developing serious asbestos-related disease in the future, makes the case particularly serious.”

This case was brought by HSE enforcement lawyer Kate Harney, who was supported by Paralegal Officer Helen Jacob.

ASBESTOS HUB MAGAZINE | 41

UKATA continues campaigning to protect public and workers during Global Asbestos Awareness Week UKATA continued its commitment to raising asbestos awareness during the 20th annual Global Asbestos Awareness Week on 1–7 April.

UKATA, a leading association, is dedicated to enhancing the quality and standards of asbestos training with the aim to shield workers and the public from the hazards of asbestos exposure.

Each year Asbestos Disease Awareness Organisation (ADAO) brings experts and those affected by asbestos related diseases together from all over the world to share, learn and act.

UKATA is involved in a number of campaigns, including the current Health & Safety Executive (HSE) “Asbestos Your Duty” campaign, launched to raise awareness of the legal duty to manage asbestos in buildings.

Despite the importation and use of asbestos being banned in the UK for over 25 years, there are still challenges related to the management of asbestos. UKATA approved training providers deliver Duty to Manage Asbestos and Duty to Manage Asbestos – Appointed Person courses nationwide.

Duty to Manage Asbestos training will give a basic understanding of the legislative requirements of CAR 2012 with particular reference to the duty holder and who that could be, the

surveys available, what to expect in a survey and the asbestos management plan and its use and requirement.

Whereas Duty to Manage Asbestos – Appointed Person training will give you the theoretical and practical skills to undertake the management of asbestos containing materials within the buildings that you are responsible for as defined in CAR 2012.

During Global Asbestos Awareness Week, organisations, support groups, medical professionals and individuals unite to inform others about the risks associated with asbestos exposure, share information about asbestosrelated diseases and promote measures to prevent exposure.

Linda Reinstein of ADAO writes

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“Our focus during this week is on prevention, encapsulated in our guiding motto: Hear Asbestos.

Think Prevention. By promoting awareness and sharing best practices, we aim to reduce and eventually eliminate asbestos exposure and its devastating health consequences.

“Stay informed and engaged as we approach the 20th Annual GAAW. Expect a series of enlightening and empowering activities designed to foster a safer, asbestos-free future. Your involvement is crucial in making this change a reality.”

You can follow the campaign on socials using #2024GAAW. UKATA collaborates closely with its members to guarantee that they have access to the latest information, training resources, and industry updates. They provide a suite of support services to assist them in accomplishing their training objectives. Their membership encompasses a diverse array of organisations involved in asbestos training, including training providers, asbestos removal contractors, consultants, and equipment suppliers.

UKATA is fervent about promoting safe and responsible working practices, committed to working with members and partners to realise a shared vision of protecting workers and the public from the hazards linked with asbestos exposure.

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Contamination & Land Remediation Expo

by Ben Chambers Contamination & Land Remediation Expo is the leading event for professionals addressing environmental challenges through solutions for land remediation, soil contamination and hazardous materials.

It is where thousands of conversations, meetings and inspirational talks happen that shape the future of the sector.

Asbestos Hub has been approached by ROAR B2B, the creators and owners of Contamination & Land Remediation Expo, regarding a potential media partnership.

This is something that may well happen. However, due to pressures on my time and that of my team, I cannot fully commit as yet because I don’t feel that any event can get the best out of a media partnership without both sides being fully invested. This is despite the fact that it would give our brand a fantastic platform to showcase the work we do.

Whatever happens, I will certainly do all I can to be at the event for the third consecutive year as it is a really good show, with many interesting talks, stands and networking opportunities.

Contamination & Land Remediation Expo is organised in partnership with leading organisations including CL:AIRE, ARCA, UK & Ireland Spill Association, British Drilling Association and more.

In 2023, CLR welcomed 2,014 high-level attendees eager to discover cuttingedge technologies, lucrative investment opportunities, and crucial insights that elevated their operations.

To find out more about the show, visit its website here: www.ess-expo.co.uk/five-shows/clr.

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Over 5,000 people die in the UK each year due to asbestos related diseases.

It is a legal requirement that all who may come across asbestos in their day to day work have been provided with the relevant asbestos training.

Regulation 4 of the Control of Asbestos Regulations 2012 requires dutyholders to identify the location and condition of asbestos in nondomestic premises and to manage the risk to prevent harm to anyone who works on the building or to building occupants.

Have you received duty to manage asbestos training?

UK Asbestos Training Association “UKATA” set standards in asbestos training and ensures that its members meet those standards through quality assurance processes and audits.

Book with a UKATA approved training provider using the nationwide directory online at www.ukata.org.uk or call 01246 824 437.

TRAIN SAFE. WORK SAFE. KEEP SAFE.

WWW.UKATA.ORG.UK

INFO@UKATA.ORG.UK UKATA is a not for profit association

$1.3m AUD fund to remediate Australian school playground frozen after budget cuts Deputy Premier and Education Minister of New South Wales, Prue Car (below) said the problem would be fixed

Parents from a public school in Sydney, Australia, have been left furious after millions in funding for fixing an asbestos-riddled playground was frozen by the state government.

Pieces of asbestos containing material rise to the surface of the school’s playground whenever it rains – a byproduct of the school’s construction in the 1970s, when asbestos was still widely used.

The school was given $1.3 million AUD to fix the problem and create a new playground and soccer field, but that money has since been frozen.

It comes after the state government announced that $148 million would be slashed

from public school funding.

Parent Catherine Jones said: “They’ve lost resources that the kids need within the school. Our kids have lost out majorly with

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this freeze.”

Education Minister Prue Car confirmed that the money had been frozen, but promised the issue would still be fixed.

EPA issues warning to councils after asbestos found in Melbourne parks

Australian EPA issues warning to councils after asbestos found in Melbourne parks 48 | ASBESTOS HUB MAGAZINE

The Australian province of Victoria’s environment watchdog is warning local councils to tighten quality controls on potential asbestos in mulch, as it investigates suspected illegal dumping of the contaminated material, which has been discovered at several parks.

The Victorian Environment Protection Authority said it had

“They’re all responsible for the quality of the mulch … and they’ll be held accountable”

Duncan Pendigh, EPA Director of Regulatory Services

ordered Hobsons Bay council, in Melbourne’s west, to hand over records of its supply chain for mulch production and conduct wider testing for asbestos, after the material was found in several reserves in the council area.

The EPA on Monday said its inspections uncovered contaminated material at six parks, five in the Hobsons Bay

council area and one in Merri-bek council, in Melbourne’s north. The EPA has sent materials containing suspected asbestos from four sites to be tested.

The EPA’s director of regulatory services, Duncan Pendrigh said the regulator would write to all councils urging them to examine their quality assurance processes for construction and landscape work.

“They’re all responsible for the quality of the mulch that gets laid and they’ll be held accountable by us,” he said.

There was no evidence that mulch producers were introducing contaminated building materials, but it was under investigation, he said.

“We can assure you that the mulch producers appear to have a clean bill of health.

“It’s really about the widespread use of asbestos in building the last four years or 40 or 50 years up until 1990.”

Pendrigh said that the EPA was investigating the possibility of illegal dumping and that there had been a recent increase in this activity. The EPA was also investigating the supply chain of contaminated mulch and companies that construct and demolish parks, as well as council oversight of this.

Pendirgh said he was confident asbestos discovery in Victoria would not be as widespread as New South Wales, where bonded asbestos has been discovered at more than 75 sites, including parks and schools.

Pendrigh stressed that the risk of harm was low and only minor amounts of contamination had been uncovered in Hobsons Bay. But he said as a precaution the EPA has asked the council to fence off areas where contamination was discovered.

The EPA has discovered potential asbestos at PA Burns Reserve in Altona; Crofts Reserve, PJ Lynch Reserve and GJ Hosken Reserve in Altona North; and Shore Reserve in Pascoe Vale South.

Asbestos-containing material was

initially found in mulch next to a playground in Donald McLean Reserve in Spotswood.

The EPA also conducted testing at Kororoit Creek trail, in Altona North, but no suspected asbestos fragments were found.

Last week, Merri-bek council confirmed asbestos contaminated soil at Hosken Reserve, in North Coburg, after an earlier discovery in late January.

The EPA has ordered Hobsons Bay council to commission a hygienist to inspect all council managed parks and gardens that have received mulch in the past 18 months.

Pendrigh said the EPA was not requesting further information from Merri-bek council, because the potential asbestos discovered at Shore Reserve, in Pascoe Vale South, appeared to have been introduced to the site after the mulch.

Victoria’s chief environmental scientist, Prof Mark Patrick Taylor, said the risk of harm to the public was extremely low.

“We should all realise that about one-third of our homes in Australia have asbestos in them. It is typically the bonded asbestos, the asbestos that is not easily made into fibres,” he said.

“It only becomes a risk when asbestos is fragmented, broken up and produces fibres and the potential risk of harm would occur when those fibres are inhaled which is unlikely to occur with the bonded asbestos that is involved in the inquiries.”

The mayor of Hobsons Bay, Matt Taylor, told the Australian Broadcasting Corporation that 10 parks across the council were being examined for asbestos.

EPA Victoria has conducted precautionary inspections of 59 commercial mulch producers and said on Wednesday no traces of asbestos were found in their products.

The EPA returned to a mulch producer previously visited after asbestos was found at Donald McClean Reserve and discovered no contamination.

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US EPA bans asbestos, a deadly carcinogen still in use decades after a partial ban was enacted The US Environmental Protection Agency has announced a comprehensive ban on asbestos, a carcinogen that kills tens of thousands of people in the US every year but is still used in some chlorine bleach, brake pads and other products.

The final rule marks a major expansion of EPA regulation under a landmark 2016 law that overhauled regulations governing tens of thousands of toxic chemicals in everyday products, from household cleaners to clothing and furniture.

The new rule would ban chrysotile asbestos, the only ongoing use of asbestos in the United States. The substance is found in products such as brake linings and gaskets and is used to manufacture chlorine bleach and sodium hydroxide, also known as caustic soda, including some that is used for water purification.

EPA Administrator Michael Regan called the final rule a major step to protect public health.

“With today’s ban, EPA is finally slamming the door on a chemical so dangerous that it has been banned in over 50 countries,’’ Regan said. “This historic ban is more than 30 years in the making, and it’s thanks to amendments that Congress made in 2016 to fix the Toxic Substances Control Act,’’

the main U.S. law governing use of chemicals.

Exposure to asbestos is known to cause lung cancer, mesothelioma and other cancers, and it is linked to more than 40,000 deaths in the US each year. Ending the ongoing uses of asbestos advances the goals of President Joe Biden’s Cancer Moonshot, a whole-of-government initiative to end cancer in the US, Regan said.

“The science is clear: Asbestos is a known carcinogen that has severe impacts on public health.

This action is just the beginning as we work to protect all American families, workers and communities from toxic chemicals,’’ Regan said.

The 2016 law authorised new rules for tens of thousands of toxic chemicals found in everyday products, including substances such as asbestos and trichloroethylene that for decades have been known to cause cancer yet were largely unregulated under federal law.

Known as the Frank Lautenberg Chemical Safety Act, the law was intended to clear up a hodgepodge of state rules governing chemicals and update the Toxic Substances Control Act, a 1976 law that had remained unchanged for 40 years.

The EPA banned asbestos in 1989, but the rule was largely overturned by a 1991 Court of Appeals decision that weakened

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the EPA’s authority under TSCA to address risks to human health from asbestos or other existing chemicals. The 2016 law required the EPA to evaluate chemicals and put in place protections against unreasonable risks.

Asbestos, which was once common in home insulation and other products, is banned in more than 50 countries, and its use in the US has been declining for decades.

The only form of asbestos known to be currently imported, processed or distributed for use in the US is chrysotile asbestos, which is imported primarily from Brazil and Russia. It is used by the chlor-alkali industry, which produces bleach, caustic soda and other products.

Most consumer products that historically contained chrysotile asbestos have been discontinued.

While chlorine is a commonly used disinfectant in water treatment, there are only eight chlor-alkali plants in the US that still use asbestos diaphragms to produce chlorine and sodium hydroxide. The plants are mostly located in Louisiana and Texas.

The use of asbestos diaphragms has been declining and now accounts for less than one-third of the chlor-alkali production in the US, the EPA said.

The EPA rule will ban imports of asbestos for chlor-alkali as soon as

the rule is published but will phase in prohibitions on chlor-alkali use over five or more years to provide what the agency called “a reasonable transition period”.

A ban on most other uses of asbestos will take effect in two years.

The National Association of Clean Water Agencies, which represents 350 publicly owned wastewater treatment agencies, said in a statement that it supports “EPA’s efforts to move away from asbestos products” and will work with the agency to track implementation of the rule. The association warned before the final rule was announced that an immediate ban on asbestos would “almost certainly cause shortages and price increases for chlorine and other disinfection and treatment chemicals used by the water sector”.

The American Chemistry Council, the chemical industry’s largest lobbying group, said a 15year transition period is needed to avoid a significant disruption of chlorine and sodium hydroxide supplies.

A ban on asbestos in oilfield brake blocks, aftermarket automotive brakes and linings and other gaskets will take effect in six months.

The EPA rule allows asbestoscontaining sheet gaskets to be used until 2037 at the U.S. Department of Energy’s Savannah River Site in South Carolina to ensure that safe disposal of nuclear materials can continue on schedule.

Scott Faber, Senior Vice President of the Environmental Working Group, an advocacy group that pushed to ban asbestos, hailed the EPA action.

“For too long, polluters have been allowed to make, use and release toxics like asbestos and PFAS without regard for our health,’’ Faber said. “Thanks to the leadership of the Biden EPA, those days are finally over.”

Separately, the EPA is also evaluating so-called legacy uses of asbestos in older buildings, including schools and industrial sites, to determine possible public health risks. A final risk evaluation is expected by the end of the year.

Democrat Senator for Oregon, Jeff Merkley, said the United States was “finally starting to catch up” with the rest of the world on asbestos. “However, it cannot be the end of the road when it comes to phasing out other dangerous asbestos fibres,’’ he said. “Congress has a role to play here when it comes to providing stronger protections for our health.”

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Spodden Park is a 30-hectare site located at the foot of the Spodden Valley, 1km north west of Rochdale town centre. Previously known as the former Turner Brothers Asbestos factory, the site has a long history of industrial use, including asbestos manufacture dating back to the 19th century

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July 2023 • Reports were received of vandalism on site. This was raised with the site owners and Greater Manchester Police to make sure the site was still secure.

The former Turner Brothers Asbestos (TBA) site

June 2023 • Reports were received regarding hazardous fencing on the Rooley Moor Road side of the site. This was raised with the site owners and action was taken.

Rochdale Borough Council The former Turner Brothers Asbestos (TBA) site is a privatelyowned site of approximately 30 hectares. It’s situated 1 km northwest of Rochdale town centre.

The site has a long history of industrial use including asbestos manufacture dating back to the 19th century. Although we do not own the site and our power to do anything with it is very limited, we want to find a long-term future for it that is safe and sustainable.

Updates on the former TBA site November 2023 • Public Protection officers were advised that Spodden Park Ltd, the site owners, have commissioned an extensive survey and research work to allow the company to present a scheme that they think is beneficial to the borough

•

•

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of Rochdale and the local community.

The site benefits from continuous manned security, however, the site owners are aware that members of the public are still attempting to access the site when most are aware of the issues and dangers associated with trespassing on a derelict site.

The Public Protection Service and site owners raised this with Greater Manchester Police in July 2023.

Spodden Park Ltd advise that they have been working to seek a solution to the issues presented by the site and are close to presenting a meaningful solution to the many issues long associated with this site.

The treatment of invasive

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species like Japanese Knotweed and Himalayan Balsam has started.

A hydro-geological study has started and will be ongoing for two to three months.

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February 2023 Public Protection Officers undertook a site visit and met with the representatives of the owners ESG Trading Ltd. The owners indicated they were still preparing to submit the required documents to commence the demolition, remediation, and redevelopment of the site.

December 2022 • The Public Protection Service understands that the owner is continuing to prepare to submit a planning application for the redevelopment of the site.

November 2022 • The Public Protection Service received concerns from one resident regarding the noise emitted by the generator

supplying the security cabin.

This was raised with the owner and they quickly took action to reduce noise levels. Site visits by officers have confirmed that the noise is reduced and doesn’t cause a statutory noise nuisance.

May 2022 • The Public Protection Service formally requested that an Environmental Impact Assessment was undertaken to inform the development of the demolition method statement and any subsequent planning applications.

Tuesday, 9 November 2021 • In November 2021 the site ownership of the former TBA site changed, ESG Trading Ltd acquired the site. The local community may see activity on the site as the new owners undertake surveys and investigations into their new acquisition. Access the latest updates on the ESG website.

Thursday, 19 September 2019 • An update on the site was provided to the Spotland and Falinge area forum. Read the September 2019 TBA site update.

Tuesday, 21 February 2017 Work finished on site. The samples will be analysed and the site monitored before the final conclusions report is prepared.

was extended until the end of January 2017. Our air monitoring period was also extended to accommodate this.

Monday, 21 November 2016 Drilling began. Residents around Harridge Avenue, Dell Road and Dell Side were advised there may be some noise during the week associated with the drilling. Work ended by 5pm each day.

Monday, 14 November 2016 Investigation started Investigation An investigation between November 2016 and February 2017 assessed the ground quality at the former TBA site and looked at potential environmental issues, filling in the gaps in knowledge gained from previous investigations.

Safety The area is a former industrial site and there are known hazards on the land. The public should keep to the public pathway. The site is private land and there is a security presence on site. If you’re aware that your children are attempting to access the site, you should discourage them.

We pass concerns we receive to the site owner – where photos or videos can be provided. In May 2019 we reported concerns about scrambling bikes to the site owners and asked them to tackle this.

Thursday, 22 December 2016 Site works paused for the festive break.

Air sampling We commissioned a monitoring investigation of airborne asbestos fibres around the perimeter of the site from August 2015 to March 2017.

From the results of the independent testing and the fact that only 1 fibre was identified from August 2015 to March 2017, there is no evidence of any significant risk to the health of those residing in areas surrounding the site.

Friday, 9 December 2016 Due to winter conditions and the festive break, work on the site

Why is the site not determined as contaminated land?

This privately owned site has

Tuesday, 3 January 2017 Investigation work started on the main factory area. Residents around Broadlea Grove, Dell Side Way and Fallowfield Drive were advised there may be some noise associated with the works. Work ended by 5pm each day.

been subject to investigations by suitably qualified and experienced consultants working on behalf of the site owners. We’ve also commissioned investigations to assess whether the site could be causing harm to the local community.

The investigations concluded that there’s no evidence to suggest the site represents a significant risk to the wider community or that historical harm has been caused in its current form.

While there is no doubt that the site contains contamination from previous industrial usages, the previous investigations do not provide evidence that significant harm is, or is potentially occurring. The site does not meet the statutory criteria to be determined as contaminated land in accordance with Part 2A of the 1990 Environmental Protection Act. History Here’s a timeline of events at the Turner Brothers Asbestos site.

• 1890 – site is largely open fields. Mill recorded as “Clod Mill” in the south-west corner of the site. Harridge Mill (with associated rail sidings) and “Tenters” in the north, • 1910 – south-western part of the site expanded and recorded as “Asbestos & India Rubber Works”. Harridge Mill in the north is recorded as disused, • 1920 – Harridge Sidings in the north expanded, • 1960s – the site in the south expanded to its present day extent, • 1990s – asbestos materials ceased to be manufactured at the site. Buildings occupied by various small tenants, • 2008 – tenants all vacated site • 2013 – suspected arson attack in February causes significant damage to the structure of the older buildings, • 2013 – some buildings demolished and those left targeted by vandals, • 2014 – further fire in January, cause unknown.

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Hit the road with new mobile labs for bulk and air sample analysis Consultex Laboratories

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We identified a market void in New Zealand concerning on-site asbestos clearances, particularly the absence of comprehensive laboratory services. This gap partly arises from regulatory requirements in New Zealand mandating surface testing alongside air monitoring.

Undertaking bulk analysis presents logistical challenges beyond merely conducting fibre counting in air samples. Consultex successfully addressed this issue by dedicating resources to research and development, resulting in the creation of our own mobile asbestos laboratories.

The entire construction process was executed in-house,

commencing with meticulous vehicle research and culminating in the final assembly.

Procurement began with the acquisition of a Fiat Ducato from Mach 1 Engineering, a reputable car racing team based in Albany, Auckland. Subsequent stages included interior strip-out, electrical wiring, lighting installation, and certification. Custom panels replaced the original side panels, while the floor was furnished with commercial-grade vinyl. The construction also entailed crafting and fitting a bespoke bench frame and top. We prioritised sourcing materials and engaging specialist trades from local suppliers in close proximity to our Rangiora Office

in North Canterbury, South Island, New Zealand.

Our accreditation by IANZ for Mobile Facilities, encompassing both bulk and air samples, marks a pioneering achievement in New Zealand. We are proud to deliver unparalleled standards of health, safety, and operational efficiency to a diverse clientele, including educational institutions, commercial enterprises, industrial facilities, and residential properties.

Services we can offer with the labs: Consultex specialises in asbestos consultancy and boasts an inhouse laboratory that we can bring directly to you. This unique setup enables us to deploy licensed asbestos assessors, surveyors, and laboratories to remote or time-

sensitive projects, ensuring efficient programme completion.

Our mobile laboratory service provides numerous advantages, including the elimination of downtime caused by travel back to regional laboratories. As New Zealand’s sole accredited bulk/ swab and air sample mobile laboratory, Consultex offers the following on-site services: • On-site asbestos clearance services, • On-site lab services for both minor and major projects.

• Disaster response, • Surveying services.

From van to lab. The evolution of one of our mobile laboratories

ASBESTOS HUB MAGAZINE | 55

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enquiries@assure360.co.uk Anthopyllite Asbestos Image: Public domain, Denver Microbeam Laboratory, 1969