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Imperial College - Opportunities for Employers Most Members are already aware that following the review by EPSRC funding was diverted from the Soil Mechanics MSc at Imperial College. The recent review by NERC has had a similar effect on funding for the Engineering Geology MSc. There is no need to elaborate on the effect that this has had and will continue to have on the supply of geotechnical engineers. Both Richard Jardine and Mike deFreitas have been untiring in their efforts to publicise this crisis and to find alternative means to provide financial support to potential MSc students. Two solutions have been offered to employers:- Bursaries: Sponsors provide support of £3,000 a year and in return have the opportunity to:-
Bonds: (Which apply only to Engineering Geology) require no money from the company until the company wishes to employ a graduate from the course. Companies who make a Bond with the course promise to repay the student the outstanding cost of the course (up to £13,000) over a period agreed at the time of employment. The advantages for companies are the same as those for Bursaries but with Bonds there is a greater incentive for the students to approach the bonded companies when they graduate. In a letter, Mike deFreitas explains why the course at Imperial is unique:- 'Where else can students be taken on site in the company of engineering geologists, soil mechanics engineers experienced in theory and practice, and numerical modellers? I know of no other course where students from such diverse backgrounds can work together and understand each other's approach. no other course is as well resourced with laboratories, libraries (including those of the ICE, Geological Society, Geological Survey, The Royal Geographical Society and the Science Museum), and analytical facilities (which include the world class facilities of the Natural History Museum) all of which are within a short distance from the College. On no other course do students have such immediate access to the professional meetings held at the Institution of Civil Engineers and the Geological Society. The importance of these facilities and resources is that students physically come into contact with them and realise that they exist, they are here, they can be used and are of immense value to geotechnical studies. Training at Imperial is an education! For further information about Bursaries and Bonds at Imperial College (both of which can be renewed annually) please contact Mike deFreitas - 020 7594 6023 email: m.defreitas@ic.ac.uk (Engineering Geology) or Sue Feller 020 7594 6077 email: s.feller@ic.ac.uk or Richard Jardine 020 7594 6083 email: r.jardine@ic.ac.uk (Soil Mechanics) For further information about the skills shortage in geotechnics and the withdrawal of funding from masters courses see AGS Newsletter No.40 and the article 'Masters off course' in NCE 28 June 2001. Case Study: Dear Dr deFreitas, Firstly I must apologise for not contacting you sooner, and it is with regret that I am writing this letter. I am unable to take up my place for this year's Masters course (commencing September 2001) in Engineering Geology. Since my interview at Imperial I never for once contemplated not being able to undertake study this year. However, despite my greatest efforts at saving and planning I feel I am unable to take up your kind offer of a place without some funding since my wife-to-be and I would badly struggle with that amount of debt. I only wish I had done the course sooner. Yours sincerely Mike deFreitas asks, 'Where would the majority of today's geotechnical managers be today if they had had no support other than that in their own pockets?' A Rapid Response to Criminal Investigations Consider, for a moment, the multitude of ways in which consulting or contracting practices come into contact with business regulation:
When businesses fall foul of regulation they generally commit criminal offences. So, focusing on the activities of the geospecialist, it may be an offence to pollute a river, stream or groundwater, not to carry out a health and safety risk assessment prior to a particular activity, to destroy a company document and to trade when technically insolvent. The burden of regulation is increasing. The OECD has said that the fastest rising of all business costs are regulatory costs. Indeed, the possibility of committing criminal offences can arise in the most surprising circumstances. Many AGS members are constituted as companies and so must comply with the Companies Act 1985. But how many members appreciate that there are now 187 offences in the Companies Act, 91 of which can be tried on indictment, by a jury? The early stages of a criminal investigation bear little resemblance to the beginnings of a civil claim. Regulators will attend to investigate, often without notice or invitation. Members may be aware that the right to silence has been eroded by recent legislation. A member's directors or officers may be questioned about documents they wrote or practices they were engaged in months even decades ago. Obviously the person questioned does not want to give the wrong answer. Equally though, the current law is that if that individual fails to say when questioned something he later relies on in court it may harm his defence. Most regulators in fact have powers of search, seizure and investigation more onerous than those possessed by the police. In certain circumstances, they can compel individuals to answer their questions where it is a criminal offence to provide a false or misleading answer. AGS members will obviously look to their insurers for assistance but here it is worth being cautious. While insurers may indemnify against defence costs, they will not indemnify against a criminal fine or penalty or (obviously) against the massive reputational damage which can flow from certain types of regulatory breach. For example, a Labour government is committed to bringing into force a new law of corporate manslaughter which will make it easier to prosecute companies, their employees and officers. There can be little doubt that activities on contaminated land, in tunnels or caves, involving high power drills and on unstable slopes can result in fatalities. AGS members might consider themselves to be in a high risk group. DLA has a service - the Rapid Response Team - to enable businesses to manage the early stages of a criminal investigation. Businesses who have registered can call the Rapid Response number at any time of the day or night and have immediate access to a specialist criminal defence lawyer who will be able to advise the company and its individual directors and officers who often have an equal vulnerability. Given the team's strength in depth, and the firm's national spread of offices, almost all places in England and Wales can be reached quickly. The team is confident that a caller would be contacted within ten minutes of their initial call. DLA is the law firm of which Steven Francis, Chairman of the AGS' Loss Prevention Working Group, is a partner. It is now possible for any AGS member to register with DLA's Rapid Response Team simply by completing a registration form. Registration is entirely free. Members will pay normal solicitor rates when they use the Rapid Response service but they are free, at any time, to use the lawyers of their, or their insurer's, choice. They will also receive Rapid Response awareness information, which can be given to their staff and contractors so that they understand the services to which the business now has access. As far as we are aware, DLA is unique among commercial law firms in having such arrangements to ensure ready contact 24 hours a day every day. Steven Francis, Partner Direct line: +44 (0) 20 7796 6823 EA publishes guidance on contamination risks from piling operationa The Environment Agency has published a report providing guidance on assessing risks associated with, and preventing pollution from, piling and penetrative ground improvement methods on land affected by contamination. Data were collated by WS Atkins from literature sources, a review of regulatory concerns and a survey of UK piling contractors. This revealed that there was little published research, case studies or monitoring data concerning actual or potential pollution of groundwater caused by piling or penetrative ground improvement methods. A number of (unpublished) examples were, however, identified where environmental issues were identified and addressed as part of the scheme design. Six possible pollution scenarios have been identified and described, representing situations where the Environment Agency is concerned that piling or penetrative ground improvement operations have a potential to cause pollution. The six scenarios considered are as follows: 1. Creation of preferential pathways, through a low permeability layer (an aquitard), to allow potential contamination of an underlying aquifer; 2. Creation of preferential pathways, through a low permeability surface layer, to allow upward migration of landfill gas, soil gas or contaminant vapours to the surface; 3. Direct contact of site workers and others with contaminated soil arisings which have been brought to the surface; 4. Direct contact of the piles or engineered structures with contaminated soil or leachate causing degradation of pile materials (where the secondary effects are to increase the potential for contaminant migration); 5. The driving of solid contaminants down into an aquifer during pile driving; and 6. Contamination of groundwater and, subsequently, surface waters by concrete, cement paste or grout. For each of the six pollution scenarios identified, the likely hazards associated with each generic method of piling and ground improvement are described and possible mitigation measures are identified. Particular problems and uncertainties are noted and the effects of variations of piling methods within the generic classes are considered. The report outlines a process to allow designers to select an appropriate piling method and any mitigation and monitoring measures required for piling or penetrative ground improvement on a site affected by contamination. The conclusions and justification are to be presented in the form of a 'Foundation Works Risk Assessment Report', which should present a thorough and auditable risk assessment, describing and justifying fully the decision making process, including a description of any methods rejected after consideration. Not surprisingly, the report concludes with recommendations for further research to address the limitations in the body of scientific and engineering knowledge. The guidance is identified as being of an interim nature. The whole report can be downloaded from: http://www.environment-agency.gov.uk/subjects/waterres/groundwater/ PII Research Project on Cover System Design AGS working with BRE have been awarded a Partners in Industry funded research project to provided guidance on risk based design for cover systems on marginally contaminated housing developments. The first stage of the project is to prepare a strategy document for discussion by the steering group (chaired by NHBC and including representatives from SEPA and EA). This document has now been completed together with a questionnaire designed to obtain information from the industry on the current basis for the design of cover systems. A one page summary of the strategy document and the questionnaire are circulated with this news letter and all AGS members are encouraged to complete the questionnaire and return it to: David Earle Updates on the progress of the project will be circulated with subsequent news letters Peter Witherington Given the current recruitment crisis, are there any restrictions in employing non-EU or non-Commonwealth foreigners? The EEA comprises the 15 EU member states plus Norway, Iceland and Liechtenstein. Non-EEA nationals must obtain work permits to be able to work in the UK, unless immigration rules say otherwise. There are exceptions, however, which include business visitors, Gibraltarians and Commonwealth citizens who are given leave to enter or remain in the UK on the basis that at least one grandparent was born in the UK. Some people may be granted indefinite leave to remain in the UK if they have worked for four continuous years in approved or permit-free employment. Non-EEA students studying at UK institutions may also take part-time or holiday work without permits. Work permits will usually be issued if the foreign national has, in addition to an adequate command of the English language, the following qualifications or skills: a UK degree level qualification; an HND level qualification; or high level or specialist skills acquired through doing the type of job for which the permit is sought for at least three years. Work permits will also normally be issued to foreign nationals coming for a limited period of training or work experience. The Asylum and Immigration Act 1996 makes it an offence to employ a person who is not entitled under immigration rules to work in the UK. The employer will have a defence, however, if it can prove it has checked the potential employee has one of a range of documents verifying their status. Reprinted from Contract Journal 4 July 2001 - A question of Law. Answer provided by Hammond Suddards Edge. Answers are only intended as a brief introduction to the subject matter. Legal advice should always be sought before entering into or refraining from action. Revision of AGS Model Document Underway A small working party, under the chairmanship of Chris Hoskins (CH Consultancy), has begun a review of the AGS Guide to the Model Document Report. The revision will continue to concentrate on loss prevention issues and good practice to minimise exposure to risks. The original document concentrated solely on geoenvironmental reports but the working party intend that edition 2 will be expanded to include geotechnical aspects. A parallel initiative, led by Roger Epps (Foundation and Exploration Services), is taking up the challenge laid down by Sir John Knill in an address to the AGS Committee, deploring the quality of the interpretative reports that pass across his desk. This is likely to result in a short document giving guidance on the tasks which should be undertaken in the preparation of geotechnical reports. In the longer term, a more comprehensive document might be prepared which could be Part 3 of the AGS Guide Model Document Report. The Model Document Revision WP would appreciate feedback from users of the Guide about areas and advice which need to be addressed in the review. Anyone with particular interest or expertise in either area who would like to join the working parties should make themselves known to the AGS Administrator. |
