Article Safety

Manual Handling Operations – Have you assessed your risk?

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As the litigious nature of society grows and employees appear to be encouraged more than ever to pursue claims with their employers, the likelihood of claims for manual handling injuries is also likely to increase. Manual handling injuries are part of a wider group of musculoskeletal disorders (MSDs). The term ‘musculoskeletal disorders’ covers any injury, damage or disorder of the joints or other tissues in the upper/lower limbs or the back. HSE states that statistics from the Labour Force Survey (LFS) indicate that MSD cases, including those caused by manual handling, account for more than a third of all work-related illnesses reported each year to the enforcing authorities. So, what aspects of geotechnical site work may be exposing the workforce to risks of manual handling injury which could lead to an unexpected claim.

Legislative Background

The Manual Handling Operations Regulations, 19921 is the main part of legislation which employers should be familiar with but additionally they should also be aware of other related HSE guidance such as the Manual Handling Assessment Charts (the MAC tool), INDG383 (rev 3)2. This sister guidance to the Regulations provides a detailed insight into how an employer should assess the risk through three types of assessment: lifting operations, carrying operations and team handling operations.

Most employers and hopefully their employees will be aware that the law does not identify a maximum weight limit. It places duties on employers to manage or control risk; measures to take to meet this duty will vary depending on the circumstances of the task. Things to be considered will include the individual carrying out the handling operation (e g strength, fitness, underlying medical conditions), the weight to be lifted and distance to be carried, the nature of the load or the postures to be adopted or the availability of equipment to facilitate the lift.

The HSE MAC Tool

The MAC tool provides a colour coded and numerical approach to risk assessment which takes into account all of the above factors but in a pragmatic and user-friendly approach and defines the following levels of risk:

G = GREEN – Low level of risk   Although the risk is low, consider the exposure levels for vulnerable groups such as pregnant women,  disabled, recently injured, young or inexperienced workers.
 A = AMBER – Medium level of risk   Examine tasks closely.
R = RED – High level of risk   Prompt action needed. This may expose a significant proportion of the working population to risk of injury.
P = PURPLE – Unacceptable level of risk   Such operations may represent a serious risk of injury and must be improved.

The first part of the assessment is to assess the load weight and for lifting and carrying for individuals this requires the employer to assess the weight of the load but also the frequency/repetition of the task. Although most single person lifting operations have ‘manageable’ load weights i.e. bags of sand/gravel/bentonite are limited to 25kg and bulk samples are around 25kg, if there is a repetitive nature to the task then the operation may go into the RED or even PURPLE. Therefore, tasks such as manually loading a lorry with bulk bags or unloading a couple of pallets of bentonite/gravel may push the task into the RED which would be deemed a high-risk task requiring prompt action. This is not surprising and why the employer must ensure collections and deliveries are assessed and where required are made with hi-ab lorries or tail lifts and have pallet trucks or a forklift available.

Team Lifting

Team lifting operations in our industry are generally a two-person lift. In this instance the MAC tool requires the employer to simply assess the load weight and does not take into account the frequency. The tool indicates that for two person lifts a weight in excess of 65kg is a high-risk activity and lift weights in excess of 85kg is an unacceptable risk. Employers can obtain equipment weights from the manufacturers and suppliers and a list of standard cable percussion tooling weights is provided in the current BDA Cable Percussion Guidance3.  Therefore, as examples: a sinker bar of 80kg or a 6” casing lead length of 77kg would mean a high-risk lifting operation whilst a U100 slide hammer at 93kg and a standard SPT drop hammer at 115kg would be an unacceptable risk. The choice of core boxes is another area of concern. A 3m two channel core box containing S size core of Chalk (a relatively low density rock) can still weigh in excess of 77kg which takes the lift into a high level of risk whereas higher density rock may become an unacceptable level of risk. As the frequency of the lift is not a factor then for each and every lift where there is a potential for a manual handling injury there is a potential claim.

Other factors

The MAC Tool does not simply use weight and frequency alone to assess the risk and also requires the employer to assess:

B – Hand distance from the lower back

C – Vertical lift zone

D – Torso twisting and sideways bending

E – Postural constraints

F – Grip on the load

G – Floor surface

H – Carry distance

I – Obstacles on route

J – Communication, co-ordination and control

K – Environmental factors

Therefore as an example, the assessment for using wooden core boxes has to start factoring in: having to bend down to pick the load up (B), leaning to one side as the box is picked up and carried (C & D), the use of looped rope handles which cut into the fingers (F), potential lifting on slippery or uneven ground (G) and potential obstacles (I),  then the overall risk of the task becomes high risk as a minimum and therefore prompt action is required.

Risk Control Measures

The first step required to comply with the Regulations is that the employer should, so far as is reasonably practicable, avoid the need for their employees to carry out manual handling operations that involve a risk of injury. If this is not reasonably practicable then the risks to employees of the manual handling operations carried out in the normal course of their work should be assessed and reduced.

On geotechnical sites that means using hi-ab lorries, winches or other mechanical lifting devices where possible, reducing the length of casings and other equipment, working on hard standing or creating more solid work areas with bog matting, using mounted hydraulic SPT hammers and using support vehicles and trailers to move equipment and materials around the site.

So what about the wooden core boxes? The employer may be able to improve the ground surface conditions and use mechanical lifting devices when in the core store or once on pallets but the weights are still going to mean a high to unacceptable level of risk in the field and in many core stores. Improvements to the handles will also help but the overriding problem will still be the weight and therefore the only solution left open to the employer is to reduce the size of the core box.

Any claim for a Manual Handling injury will result in the court looking at the current Regulations and Guidance and the measures the Employer has taken to reduce the level of risk of the task so far as reasonably practicable. Have you?

References

1 HSE, Manual Handling Operations Regulations, 1992

2 HSE, Manual handling assessment charts (the MAC Tool), INDG 383 rev3, 2019

3 BDA, Guidance for the operation of cable percussion rigs and equipment.

Article contributed by Julian Lovell, Managing Director of Equipe Group

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Q&A with Adam Latimer

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Full Name: Jonathan Adam Latimer

Job Title: Operations Director

Company: Ian Farmer Associates (1998) Limited

Adam is an Operations Director with over 25 years of professional experience working in the ground investigation sector. Adam has worked on a wide variety of investigations, including land development, contaminated land, infrastructure (both road and rail) and utilities projects. Adam holds an undergraduate degree in Geology and holds a vocational qualification in NEBOSH National Certificate in Construction Health and Safety. Adam is also a Freeman of the City of London and is a committee member for both the AGS and BGA.

What or who inspired you to join the geotechnical industry?

There isn’t any one person who inspired me to join the industry, however I have always had a keen interest in Geology from a young age, growing up in the North Pennines with its rich Geology and Mining History. When I left Durham University in 1993, I had already rejected the opportunities of working in the mining and exploration sector (working in politically unstable parts of the world wasn’t really an appealing prospect). I studied a traditional Geology degree and the Geotechnical Industry wasn’t an industry I as was particularly familiar with or aware of. Many undergraduates from Durham would ultimately become involved in the oil and gas sector, law or accountancy. On leaving University I cast a wide net, applying to a wide variety of businesses so I suppose I stumbled into the industry partly by accident.

What does a typical day entail?

I don’t have a typical day and as such it can be quite varied. Like everyone else involved in this industry, the days can be long. As I have progressed up the managerial ladder my role has become more of a support function for the business. With multiple offices and the business now being part of the RSK Group, I have found my time split between all sections of the company. Typically, I will spend most of my time in business development, forecasting, budgeting, estimating, training, auditing and reviewing and developing new documentation. Sadly, my time visiting sites and undertaking reporting and technical reviews has reduced with more managerial duties being the norm.

Are there any projects which you’re particularly proud to have been a part of?

I have been involved in a number of large scale and challenging ground investigations during my time in the industry and I can’t really focus on any one project over another. I am very passionate about the ground investigation industry and the most rewarding part of my job is helping to inspire the next generation of ground engineers, whether this is through the work within the AGS and BGA or through mentoring and training within Ian Farmer Associates.

What are the most challenging aspects of your role?

My role within the business has developed over the past few years and has become more focussed on the business development side and as such a huge challenge is adapting to volatile market conditions. Our industry suffers historically from significant peaks and troughs and you need to react quickly during buoyant times and when there is a downturn. The industry as a whole has also suffered from an acute shortage of experienced engineers and this coupled with a reduction in graduates entering the industry has put enormous pressures on existing staff to meet ever demanding timescales.

What AGS Working Group(s) are you a Member of and what are your current focuses?

I am currently the lead for the Safety Working Group and a member of the Executive Committee. Currently we are working on delivering the inaugural safety conference (Safety in Mind) on the 21st November at the National Motorcycle Museum. We have secured an excellent line up of speakers and some thought-provoking presentations which I am sure will make it a success. As a group we are continuing to gather feedback from our members on trial pitting and whether it remains a safe and effective method in a changing geotechnical world. We are also at the early stages of a working group on avoidance of buried services with collaboration with the BDA and FPS.

What do you enjoy most about being an AGS Member?

The AGS provides a unique opportunity for like-minded people to discuss issues within the industry in an honest and frank way. The AGS membership is an essential vehicle to share good practices in an open forum for the greater good of the industry.

What do you find beneficial about being an AGS Member?

Being a member of the AGS provides members with an unrivalled opportunity to have a voice in how the Geotechnical Industry should operate. Fantastic work has been done by the members of the AGS to shape the future of the industry and that is credit to the diligence and tireless work of all the professionals we are fortunate to have working in the sector. There is a wealth of publications, position papers and articles which provides invaluable information and all this is available for the benefit of the members on the website or through the conferences held annually.  

Why do you feel the AGS is important to the industry?

The AGS offers a unique opportunity for like-minded professionals who are passionate about the industry to work collaboratively for a common goal to improve the image of the Geotechnical sector. The AGS is the only trade association which includes a mixture of contractors, consultants and clients which offers a wealth of knowledge and experience to help shape a strong and stable future and only with us working together can we make a tangible difference.

What changes would you like to see implemented in the geotechnical industry?

The Geotechnical Industry has seen significant strides in technology and health and safety since I joined in the mid-90s. There is of course lots of work to do and as an industry we can’t stand-still and need to continue to evolve. The recent survey between the AGS and BDA on the state of the industry offered some food for thought for all of us working in ground investigation and although the results may not have been a big shock, there is still much work to do in order to improve the image of the industry, not just within our membership but also throughout the wider construction sector.

Article Report Loss Prevention

AGS Loss Prevention Working Group Update

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Hugh Mallett, Leader of the Loss Prevention Working Group, has provided an update on the top issues the Loss Prevention Working Group discussed at a recent meeting which took place in September 2019.

Commercial Risks and How to Manage Them Conferences

The first AGS Commercial Risks and How to Manage Them Conference took place on 3rd July at One Moorgate Place in London. Due to the success of the half-day conference, the conference is being repeated in Manchester on Wednesday 22nd January 2020 at the Manchester Conference Centre. The CPD conference is aimed at both junior and experienced ground engineers, who are interested in improving their knowledge and skills within this sector. For information on speaker line-up, sponsorship packages and ticket prices, please visit the AGS website.

PI Insurance Premiums

There are concerns within the Loss Prevention Working Group regarding the significant increase of PI insurance premiums in the last year. This issue is confirmed to be commercially driven, rather than risk driven. However, the group are looking to discuss this issue further and draft an article on the topic to advise AGS members.

AGS Data Format

There is an ongoing discussion between the AGS Loss Prevention Working Group and the AGS Data Management Working Group about the issue regarding ownership of AGS Data. The issue first arose at the AGS Members’ Day in 2018 following a presentation given and the two groups are still looking for a conclusion to the issue. Once the issue has been concluded, the AGS will look to push out the information to the AGS members.

New Leader for 2020

After becoming the Leader of the Loss Prevention Working Group in 2014, Hugh Mallett has decided to step down from the role in 2020. Therefore, the role will be up for election next year and further details will be circulated in early 2020. If you are interested in the role, but have any questions, please contact ags@ags.org.uk.

Alternatively, if you wish to join the AGS Loss Prevention Working Group, please contact the AGS Secretariat at ags@ags.org.uk.

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2020 AGS Sponsorship packages

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Arrange your sponsorship for the year in one go, with comprehensive coverage across all AGS events in 2020. The sponsorship will cover the following events:

  • 22nd January 2020 – Commercial Risks Conference, Manchester Conference Centre, Manchester
  • 2nd April 2020 – AGS Annual Conference, National Motorcycle Museum, Birmingham
  • July 2020 – Instrumentation & Monitoring Conference, London
  • 23rd September 2020 – Data Format Conference, National Motorcycle Museum, Birmingham

 PACKAGES AVAILABLE

 Please contact AGS (ags@ags.org.uk) to discuss joint and discount packages. You can still sponsor on an individual conference basis. Prices follow. All prices exclude VAT & subject to availability.

Platinum (AGS Member Rate: £1250 / Non-Member Rate: £1500) 

  • Article in our AGS magazine on a thought leadership topic (4150 subscribers, 1pp)
  • Full page advert in AGS Magazine**
  • Entry for three delegates into the event
  • Company logo on each attending delegates’ lanyard
  • A designated area to exhibit company initiatives, research and software. This exhibition space can showcase marketing materials, literature and banners
  • Company logo on the event PowerPoint presentation holding slide
  • Company logo and overview on the event programme
  • Company overview on the AGS website
  • Three announcements of your company’s involvement on the AGS Twitter page
  • Three announcements of your company’s involvement on the AGS’ LinkedIn page

*one package available
**terms and conditions apply

Diamond (AGS Member Rate: £1250 / Non-Member Rate: £1500) 

  • Catering sponsor with logo on menu
  • Article in our AGS magazine on a thought leadership topic (4150 subscribers, 1pp)
  • Full page advert in AGS Magazine**
  • Entry for three delegates into the event
  • A designated area to exhibit company initiatives, research and software. This exhibition space can also showcase marketing materials, literature and banners
  • Company logo on the event PowerPoint presentation holding slide
  • Company logo and overview on the event programme
  • Company overview on the AGS website
  • Three announcements of your company’s involvement on the AGS Twitter page
  • Three announcements of your company’s involvement on the AGS’ LinkedIn page

*one package available
**terms and conditions apply

Gold (AGS Member Rate: £750 / Non-Member Rate: £1000) 

  • Entry for two delegates into the event
  • A designated area to exhibit company initiatives, research and software. This exhibition space can also showcase marketing materials, literature and banners
  • Company logo on the event PowerPoint presentation holding slide
  • Company logo and overview on the event programme
  • Company overview on the AGS website
  • Announcement of your company’s involvement on the AGS Twitter page
  • Announcement of your company’s involvement on the AGS’ LinkedIn page

*Limited packages available

Silver (AGS Member Rate: £500 Non-Member Rate: £650) 

  • Entry for one delegate into the event
  • ¼ page advert in AGS magazine
  • Company logo on event PowerPoint Presentation holding slide
  • Company logo on the event programme
  • Company overview on the AGS website
  • Announcement of your company’s involvement on the AGS Twitter page

All prices exclude VAT. Unlimited silver sponsorship packages available.

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Is your Materials Management Compliant?

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In an article in the March/April AGS Magazine on “Recent changes to Landfill Tax”, Andy O’Dea of WSP highlighted the keen interest HMRC are taking in this issue and the prospect of serious fines and prosecutions for those failing to properly regulate the soils they reuse onsite or export to other sites. Following some recent action by HMRC and the Environment Agency, Andy provides us with an update.

As part of a day of action (23 May 2019) HMRC and the Environment Agency teamed up to inspect 60 waste sites potentially treating, storing or disposing of waste illegally. Described as the “biggest single joint day of action” on suspected waste crime, this is something we have been expecting! The drive to tackle waste crime is high on the EA agenda and the financial sanctions that HMRC bring now present both ‘carrot and stick’ on this issue.

The visits so far are targeting obvious criminal activity where no care for the environment is taken and quick financial gain by avoiding waste fees is the main driver. However, general earthworks and remediation projects for brownfield sites need to heed this news as reusing soils without robust documentation falls under the same principles and may result in audit or inspection by the EA/HMRC.

By far the simplest, quickest and efficient way to regulate the reuse of soils onsite or export of clean, natural soils for use on another site is the use of Material Management Plans under the CL:AIRE Definition of Waste Code of Practice (DoWCoP). Securing a declaration under the DoWCoP is generally straightforward when done in advance and supported by the required information about the materials to be reused. However, the declaration is not the end of the waste discussion; tracking soil movements and verification of the works is paramount to completing the project. If the verification loop is not closed, HMRC are of the opinion that the soils reused remain a waste and attract landfill tax (and additional penalties related to unauthorised sites).

Recently we audited a development site working under a Materials Management Plan and Declaration. The intention was for clean, naturally derived soils to be transported to a receiver site. Our visit uncovered that the soils intended for transfer had been moved on site and become intermixed with a large amount of construction waste, wooden pallets, concrete, asphalt, mortar, plastic, wire and metal. The soil is no longer suitable for transfer, it has become a mixed waste. It is now likely that the soils will have to be disposed of to landfill or subject to waste treatment because it was not managed properly.

In our experience, this is not an isolated incident. Poor material and waste management on construction sites, lack of segregation and inadequate management of sub-contractors is resulting in unexpected costs for developers or worse, going unnoticed.

The introduction of the CL:AIRE Code of Practice has been a positive move in the sustainable reuse of soils on development sites but now is the time to make sure sites are managing the soils properly. We are confident that prosecutions will be brought forward soon and that a declaration is not protection in itself. Effective management of soils and demonstration of this through verification is vital to avoid hefty fines and reputational damage.

Article provided by Andy O’Dea, Technical Director at WSP

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An Insight into the SiLC Exam

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Tags: Featured SiLC

If you have ever considered applying to be a Specialist in Land Condition (SiLC) and wondered what the process is like, this may help you. We asked some people who have recently become SiLC what their thoughts on the process.

Motivation for becoming a SiLC is often driven by personal desire, but support and encouragement from employers can really help. Aspirations to achieve the next obvious step in career development and reassure clients and regulators of competence when trying to negotiate agreement on a tricky site were big personal drivers. In my experience and from talking to others, where employers do not actively encourage professional accreditations from early years, SiLC uptake is lower within an organisation. There are clients and regulators who require demonstration of competence, such as SiLC, to work on their projects.

Looking back over their SiLC application process, candidates consider it has given them increased confidence in their own abilities and instilled some new behaviours that help them do a better job going forward. For instance, they have continued the rigour in researching source documents for actual legal definitions or specific wording in guidance rather than relying on memory or text within a previously written report. During exam research one candidate set up a series of weblinks to key documents which they now consult easily and regularly as part of their job. Another candidate really enjoyed going back to some of the source legislation that they might not have consulted for a while and reading minutes from some of the contaminated land forums which exist. On receiving the exam questions, candidates tend to be aware of the main topics and knew where to start and where further research was required to add detail to their answers. Some struggled with providing an executive style summary of data within a word count but recognise this is a key skill for presenting technical information to clients. It is always best to write the summary and then go back through it, perhaps several times, to ensure that all the salient points are covered and that the envisaged client would get an appropriate understanding of the site, based on the information provided, and also to check that words are not used up unnecessarily where a more concise use of words would leave some words to enable the adding of more information provided that it is included in the supplied report extracts etc.

Many said that the SiLC Induction Day was beneficial, making people feel “I’m ready for this” or “I can achieve this” and de-busting some of the myths about how difficult it is to become a SiLC. It highlighted the need to consider what being a specialist within your own field and experience means. You are not expected to be an expert but you are expected to employ rigorous questioning and checking of facts and research. The pass rate is higher for those who attend the Induction Day compared to those who don’t. Some consultancies have hosted Induction Days for a number of their staff at one time.

The interview was generally found to be “challenging but fair and friendly”. Those candidates who had reviewed their exam submissions prior to the interview and acknowledged where they did not know an answer but could explain what they would do to find out were typically more successful.

Candidates should not underestimate the time required to complete the exam and this can be the reason why some candidates fail. However, those who have been through the process and come out as a SiLC have found that it has given them increased confidence and often changes their ways of working for the better. It is also easy CPD for the year. All say that having done it that they feel it was a worthwhile and rewarding experience.

As a SiLC we can help raise standards within our industry by encouraging our employers to support and promote professional accreditation and raise awareness with potential clients and regulators of systems in place to demonstrate competence.

Further information about SiLC can be found on the SiLC website.

Article provided by Louise Beale, Technical Director at SLR.

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Q&A with Zita Mansi

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Full Name: Zita Mansi
Job Title: Senior Associate
Company: Beale & Co

Zita has specialised in environmental and construction professional indemnity law since May 2002.  Her construction practice includes the defence of claims against engineers, architects and other construction consultants and bringing claims for contribution and counterclaims for fees where necessary.

Her environmental practice includes: defence of claims against construction consultants arising out of contaminated land issues; defending claims in negligence, public or private nuisance for losses attributable to environmental factors (contamination, odours, noise, vibration, dust, flooding etc); responding to enforcement actions and investigations undertaken by various regulators following environmental incidents (including advising before and during interviews under caution, submissions to the regulator regarding level of harm caused, and establishing whether the regulator has followed its own internal policies and procedures); defending environmental prosecutions and related third party claims.

Zita is responsible for the day-to-day conduct of litigated and non-litigated disputes and frequently acts in multi-party disputes in the TCC, in mediations and other forms of ADR. She also acts in regulatory matters in a construction context, advising clients in response to HSE investigations and defending prosecutions.

What or who inspired you to become a lawyer in the construction industry?
During my training contract to become a solicitor I did a seat in the construction team of the firm I was with. I really enjoyed the complexity of construction projects and every case is so different and offers a new challenge. There are also many technical as well as legal issues to understand too. From early on I was involved in defending claims brought by developers against ground engineers. I developed a special interest in these types of claims and helping engineers to put in place simple measures to avoid them.

What does a typical day entail?
Every day is different of course but a typical day would involve reviewing documents, attending meetings and / or phone calls with clients. Dealing with ad hoc queries. We also manage the AGS Legal Helpline so I quite often will deal with calls from that.

Are there any cases which you’re particularly proud to have advised on?
I often defend prosecutions brought by the Environment Agency and on many occasions we have persuaded the Agency not to prosecute our client which is extremely satisfying.

What are the most challenging aspects of your role?
I will often have multiple deadlines running at the same time so managing these, my time and multi-tasking between them can be difficult. It can also be difficult to switch off when I’m not in the office from certain cases that are particularly challenging.

What AGS Working Group are you a Member of and what are your current focuses?
I am a member of the Loss Prevention Working Group, which focusses on commercial risks faced by members and how to reduce them. One of our objectives is to get across the message that there are simple things members can do to reduce their exposure to claims. The group held a seminar in London recently on ‘Commercial Risks’ which I was lucky enough to speak at, covering collateral warranties, reliance and limiting liability. We are hoping to re-run the seminar in Manchester later in January 2020.

What do you most enjoy about being an AGS affiliate and why is it beneficial?
Being involved in the AGS gives members a great opportunity to share their knowledge and hear from other members and learn from them. I find this incredibly beneficial in my role as a lawyer and also on the Loss Prevention Working group. Understanding the reality of what the members work involves and the practical issues they face means that as a lawyer I can make my advice more relevant.

Why do you feel the AGS is important to the industry?
The AGS is an important focal point and repository for know-how tailored to this particular industry. It helps to maintain standards and their work can influence other industry bodies.

What changes would you like to see implemented in the geotechnical industry?
I would like to see an acceptance by employers and clients that it is reasonable for engineers and contractors to limit their liability. Unlimited liability benefits no-one and only puts the consultant / contractor at risk of insolvency.

Article Loss Prevention

AGS Commercial Risks and How to Manage Them Conference

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Tags: Featured

The AGS held it’s first Commercial Risks and How to Manage Them Conference on 3rd July 2019 at the Chartered Accountants Hall in Moorgate Place London, which was sponsored by BAM Ritchies, Bridgeway Consulting, Envirolab, Fugro, Geo Integrity, NHBC, Structural Soils, Socotec and Tensar. The event was a sell out and following a very nice lunch and opportunity to meet some of the sponsors, a tightly packed schedule with expert speakers talking on various pertinent topics was laid on for delegates.

Zita Mansi (Beale & Company) kicked off with detailing  what to look for in terms of appointment, such as limiting assignments and 3rd party rights, limiting liability with a financial cap, ideally in the aggregate (noting that this is different to the limit on PI insurance),  and excluding indirect/ consequential liabilities. Further advice followed on controlling additional contracts such as Collateral Warranties which multiply liabilities and reassignments, which transfer liabilities. Both should reflect the original contract and avoid extending the scope and duration of liabilities. Such additional risks should be priced appropriately.

Hugh Mallett (BuroHappold and AGS Loss Prevention Working Group Leader) spoke on the importance of defining the scope of works and objectives clearly and where something apparently wrong appears in the scope, this must be clarified and not ignored to avoid potential future disputes.  Even, and especially, when the client is well known with a good working relationship. He recommended use of authoritative definitions and report contents where possible, a clear agreed set of terms and conditions and checks / caveats on the quality of 3rd party data.  Beware ‘cheap and quick’ reports which impose the same liabilities as a full assessment.  AGS LPA 69 provides appropriate advice and guidance.

Stephen Hargreaves (Griffiths and Armour) provided a number of case studies based on insurance claims. He explained that geotechnical works are considered high risk because of the risks of ‘unknowns’ and the associated high value claims. The geotechnical engineer can unwittingly become part of a dispute even when they have discharged their duties under the contract.  Reiterating and expanding on Hugh’s message, the advice was to beware Client’s making assumptions on the scope and objectives.  Further there is onus on the engineer to reference limitations, qualifications and assumptions relating to advice given to avoid misuse and misinterpretation and an unintended extended duty of care. Generally claims often 0000000 occurred where there was an interface between various non contracted parties and lack of communication.  The advice was to maintain an ‘eyes wide open’ policy.

Russell Jones (Golder Associates) brought forward the ‘battle of the forms’, i.e. which form of contract applies when a client offers on form and the consultant/ contractor offers an alternative. The ‘alternative’ is still an offer or counteroffer, until acceptance is in place. In a nutshell, the contract that has ‘acceptance’ will be deemed the relevant document, which is usually the ‘last shot wins ‘approach, i.e. the last counteroffer on the table. However, this can be counteracted by action, such as the works starting which can be deemed as acceptance of the offered contract. The key is negotiation, clarity and …where possible, issue the last offer of terms!

Adam Gombocz (NHBC) moved away from direct contractual issues to talk about how the NHBC ‘Buildmark’ warranty provide insurance for building works, but will ONLY be granted when adequate and appropriate investigation, assessment and design has been completed to the satisfaction of the NHBC technical team. He described a number of shocking (and expensive!) case studies. Problems typically relate to lack of site investigation, soft soils, settlement, raised levels, groundwater and/or deep fill, with most issues arising on site where ground levels are raised and assessment/ design does not take account of this.  Guidance on NHBC requirements regarding Land Quality is included in Chapter 4.1 of the NHBC guidance.

Rachel Griffiths (Fugro) explained the ‘duty of care’ required in providing services or goods.  Goods fall under a ‘fit for purpose’ requirement of the Sale of Goods Act. Provision of services falls under a requirement for ‘reasonable skill and care’ under the Supply of Goods and Services Act. These are different and consultants giving advice or providing designs should make sure that the contract is specific as to the required duty of care to avoid defaults and misunderstandings. This should also be made clear in reports. Similarly, beware wording in contracts that ‘warrants….guarantees….. ensures….’ which implies a standard of services over and above reasonable skill and care and increases liabilities and may not be covered by PI insurance.

As the final speaker, on a non contractual topic, Jonathan Atkinson (Environment Agency) raised the subject of landfill tax being payable on illegally deposited waste, be that on an unlicensed landfill or unpermitted deposit on a construction site. Non complaint disposed materials attract the higher rates of landfill tax and HMRC who are now working with the EA have the option to add a further penalty of 100% landfill tax. This is in addition to any prosecution and associated fines.  It is also retrospective. Those at risk are anyone involved in wrongful deposition of waste, such as advisors, brokers, hauliers, landowners, waste producers, as the liability is ‘joint and several’. The legislation equally applies to construction wastes including incorrect use or abuse of waste exemptions or the CL:AIRE DOWCOP . Therefore, to protect against prosecution evidence is required to show that all reasonable steps have been taken to ensure that disposal at an unauthorised site doesn’t happen. This relates to making sure that material isn’t waste and if it is, that it is handled, disposed or re-used  in accordance with the relevant legislation and that records are available as proof, such a checks on material being disposed to the correct site or production of a verification report.

All attendees were given food for thought. For some it was maybe a ‘wake up’ call or reminder that simply ‘doing the job’ is not enough.

The AGS website has numerous documents and up to date commercial guidance, freely available to members and the Legal Helpline offers members 15 mins of free advice  from Beale and Co, if needed.

Presentations from the Conference with approval from speakers can be viewed on the AGS website.

Article provided by Jo Strange, Technical Director at CGL and Chair of the AGS Commercial Risks Conference.

Article Report Laboratories

AGS Laboratories Working Group Update

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Tags: Featured

Mark Beastall of Socotec, the recently elected new leader of the Laboratories Working Group, has provided an update on the top issues the Laboratories Working Group discussed at a recent meeting which took place in May 2019.

Validation of a suitable calibration procedure for the Filter Paper used in the BRE4/93 Soil Suction Test
Dimitris Xirouchakis has written a new procedure for the calibration of Filter Papers. This method has been sent to the members of the Laboratories Working Group to trial at their laboratories. The group are looking to discuss the outcomes of trialling this method at their next meeting.

The transition from BS1377 to BS EN17892 & BS EN 13286 (Earthworks testing)
Although a number of laboratories have now been granted accreditation to the BS EN methods, the industry outside of the laboratories seems very slow in the take up; i.e. not appearing in specification / testing instruction. The Laboratories Working Group are concerned about this and are trying to push out information to industry groups that BS1377 methods in their current form will soon be obsolete.

Increasing member participation
The core members of the Laboratories Working Group are all of the opinion that the participant numbers are far too low and attendance at the meetings rarely reaches double figures. It is essential for the future of this Working Group that numbers increase and that a broader (not just labs) attend these meetings to ensure the group are capturing the wider Geo-Environmental sector. The Laboratories Working Group are looking for new participants from AGS members who have a direct interest and influence on specifying / scheduling testing as well as AGS members with laboratories. The Laboratories Working Group are concerned that they are not getting a full picture of issues that AGS members are coming across and as such points of discussion and content of meetings can be limited.

If you do wish to join the AGS Laboratories Working Group, please contact the AGS Secretariat at ags@ags.org.uk.

Article Safety

Trial Pitting – Still Fit for Purpose?

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Trial pitting and trial trenching have long been a popular investigation tool within the geotechnical and geo-environmental industry. Trial pits and trial trenches are commonly specified in both geotechnical and geo-environmental investigations and are often a preferred investigative method to enable a rapid check of the condition of the ground. They permit examination of both horizontal and vertical faces exposed as the pit is advanced and also enable the collection of a wide variety of sample sizes and types. Trial pitting and trenching is commonly undertaken using a machine excavator, whether this be a backhoe excavator or a tracked 360 machine. For shallower excavations, or where trenches are required to provide more detailed interpretation of the stratigraphy or underground service identification and mapping, these are often undertaken by hand with or without machine assistance. Vac-Ex technology has also been used by the industry to excavate trial pits and trenches.

Trial pitting is seen as an economically advantageous investigation tool which enables a fair spread of exploratory points to be undertaken within a typical working day. In addition, trial pitting facilitates a wide variety of in-situ tests, for example Hand Shear Vanes, California Bearing Ratio (CBR) tests, Plate Load tests and Infiltration tests in accordance with Building Research Establishment (BRE) Digest 365 Publication (2016).

With a better awareness of health and safety risk within our industry over the past decade or so should we not, however, ask the question whether trial pitting is still fit for purpose and therefore should we strive for an alternative method?

Health & Safety law often uses the term, “so far as is reasonably practicable (SFARP)” forming the basis of any risk-based activity and as such must be used as a decision tool on the risk against the cost and availability of technology to control it.  The HSE, in investigation and prosecution, make a computation in which the quantum of risk is placed on one scale and compared with the sacrifice involved in the measures necessary for averting the risk (whether in money, time or trouble) on the other scale.  The legal test would be that measures which are disproportionate (or grossly disproportionate) would not be SFARP.

All trial pitting activities including site preparation, excavation, sampling, logging and backfilling must be planned and a suitable and sufficient site-specific risk assessment made, contributing then to a method statement. However, consider this: with the Work at Height Regulations (2005), any excavation which has the potential for a person to fall is classed as working from height and, therefore, requires measures to be put in place in accordance with a specified hierarchy (while considering “SFARP”) to comply. Whilst injury can be caused from a fall from any height, a trial pit which is excavated to depths often in excess of 3m can pose a significant risk of injury should an operative fall into the excavation.

Additionally, the Construction Design and Management (CDM) Regulations (2015) were amended and now identify ground investigation as an integral part of the construction activities. Trial pitting as an activity is covered under Regulation 22 (Part 2) which states that Suitable and sufficient steps must be taken to prevent any person, work equipment, or any accumulation of material from falling into any excavation”.

Furthermore, Regulation 22 (Part 1) of the CDM Regulation states that “All practicable steps must be taken to prevent danger to any person, including, where necessary, the provision of supports or battering, to ensure that; no excavation or part of an excavation collapses; no material forming the walls or roof of, or adjacent to, any excavation is dislodged or falls; and no person is buried or trapped in an excavation by material which is dislodged or falls”.

Therefore, all excavations require an assessment to be made of the stability of the excavation prior to commencing the dig and during the dig. These risk assessments should consider factors such as influence of the excavation method, ground conditions, buried services, obstructions, groundwater level, water strikes, contamination etc. An initial risk assessment can be produced to reflect the general approach but inevitably the trial pitting supervisor/logger will need to carry out dynamic, sometimes called “point of work”, risk assessments and where these necessitate or identify significant changes to the risk or methodology it should be documented.

However, as trial pitting work is often undertaken by graduates or technicians, can employers be sure that these individuals possess the required knowledge, training and experience to meet sufficient competency requirements or have the ability to make these assessments and informed decisions?

When detailed logging (i.e. service identification, detailed fabric logging, scan lines or assessment of slip planes) is required, due consideration should be taken to the necessity of entering the trial pit/trench. Where the designer determines that entry is essential, the Contractor must ensure that the excavations are sufficiently shored or the excavation sides battered back or benched to reduce the height of exposed material and potential collapse. Due consideration should also be taken by the Client to allow sufficient time and resources (money) to develop this safe system of work, to carry out any additional training requirements and for the actual work. In addition, these type of trial pits should be located to provide sufficient working room for the plant which will be required for the installation and maintenance of the support system and spoil. As these types of works may be of a longer duration than typical trial pits, physical barriers such as fencing may be required which adds additional costs and time.

When trial pits are part of a more typical ground investigation and require standard logging, in-situ testing and sampling the designer and contractor should consider carefully whether any entry is required whatever the depth. The AGS promotes an approach which does not require entry and therefore, the risk of injury through collapse and subsequent burial is reduced. However, this does not eliminate totally the risk of working at height.

With trial pitting seen as a relatively quick and cost-effective method of ground investigation, the use of edge protection and trench support can be viewed as unrealistically costly and time consuming to install. Compliance with the hierarchy of controls within the Work at Height regulations might suggest to some employers that installation of edge protection or a suitable fall arrest system or other safe system of work, should be mandatory for all excavations. However, the main advantage of trial pitting is to provide a quick and easy way to view the stratigraphy and close up inspection of the pit is necessary to obtain the desired results. Judgements on the required controls under the Work at Height regulations are however to be determined “SFARP”.

The current AGS Guidance on safe excavation of trial pits suggests a number of control measures such as the supervisor/logger should approach and stand at the opposite narrow end of the open pit to the machine, , arisings should be placed a minimum of one metre from the pit edge, and other controls. However, the industry, and associated industries who undertake not dissimilar construction activities, can still not agree on the approach to controlling the risk of working at height when trial pitting or even whether it is a significant risk in the first place.

The principal arguments for the requirement to approach open pits is to observe the formation of the ground and groundwater in situ, accurately measure stratum boundaries, water strikes, final depth and to take photographs. The industry could for example re-evaluate the necessity for photographs and the way they are taken, and whether they are used as anything else but proof the pit was dug. The question could also be asked as to ‘how accurate is accurate’ with respect to depths and is there a safer way to obtain this information. Some excavators can now determine depth of dig whilst excavating and perhaps providing depth markers on the excavator arm may be another alternative.

Figure 1 – Typical example of a machine excavated trial pit where the pit is logged from samples only

Employers must also consider the risk of injury from contact with plant and machinery. It is essential that the supervisor maintains good communication (both verbally and using agreed hand signals) with the machine operator at all times. Supervisors should be aware of the danger areas (red and amber zones) around the excavation and always stand in the yellow zone to maintain a clear line of sight.

Figure 2 – An example of a safe working zone for mechanical excavation using a 3CX or 360 machine

It is not uncommon that the supervisor (often a graduate and in some cases with limited years of experience) will take on responsibilities for both the H&S and the technical goals of the trial pit investigation. In effect, they take on a role of supervisor, logger and banksman. In the construction industry, banksmen are operatives specifically trained to direct vehicle movement on or around site. How common is it that graduates or even experienced engineers are specifically trained in the role of a Banksman (or vehicle marshal), but are expected to fulfil such a role when directing plant and machinery around site. Therefore, the employer should provide training to allow the individual to carry out this role. This could be delivered through a formal Banksman course or might be better delivered as task specific in-house training which should include all aspects of safe trial pitting to help create competent people who can dynamically risk assess excavations.

But is trial pitting really or inherently a high-risk activity? Excavations are typically left open for only a very limited length of time and are backfilled as soon as the pit is completed in comparison to most construction industry excavations. In addition, there are no clear statistics from the HSE on injuries or fatalities from falls associated with trial pitting. These do occur in the wider construction industry, generally as a consequence of a collapse of the excavation which has been open for some length of time. As an industry we are all aware of the fatality to a Geologist in September 2008, however, statistics of injuries, accidents or near misses are not widely known and are often only communicated internally with site staff and not shared to the wider ground investigation community.

As an industry we must strive to continually improve the safety culture within ground investigation and trial pitting offers us all a chance to either look at current and future innovations to reduce the risk or find safer alternatives. There is a concern that if the industry does not obtain consensus that others may develop approaches which the industry may not find palatable both practically and commercially.

The current AGS document looks to provide practical guidance on trial pitting considering the current H&S guidance available, however, the Designer always has the choice to replace trial pits with boreholes or dynamic sampling holes which would, in many cases, provide similar design data.

The question remains, is trial pitting fit for purpose and the AGS would welcome views from the industry and will be sending out a short questionnaire to determine current industry practice and thoughts.

Article contributed by AGS Safety Working Group

Principal Authors – Adam Latimer, Ian Farmer Associates; Steve Everton, Jacobs and Julian Lovell, Equipe Group

Article Contaminated Land

AGS Review and Position Statement – Cover Systems for Land Regeneration

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Thickness Design of Cover Systems for Contaminated Land: BRE/AGS/NHBC: 2004

Starting in 2017, the AGS Contaminated Land Working Group (AGS CLWG) undertook a review of the 2004 BRE/AGS cover systems document to determine:

a) if it was still fit for purpose given current regulatory practice and guidance,
b) what awareness of it there was within the industry and with regulators,
c) how much it was being used and accepted by regulators as evidence,
d) what was current general practice,
e) if the document and software required updating,
f) if it might be applicable or adaptable for sites with trace levels of asbestos.

As part of this review, several questionnaires were forwarded to regulators and private industry practitioners and awareness was raised at several industry events as well as within the various AGS working groups. In conclusion the results of this review can be summarised as follows:

The document is still considered technically fit for purpose, though the fact that it specifically excludes considerations of the emplacement of break layers and water table movements somewhat limits its applicability under current practice at present. That it has not been updated or reviewed since it was published in 2004, and whilst still available is quite expensive, also probably somewhat limits its use by regulators or practitioners.

The document has suffered from a general change in practice since it was first published and perhaps more importantly a change in the way waste is currently defined and perceived in practice during developments. This is (in part) due to regulatory waste changes and interpretations as well as changes in CDM. This is seen as being two-fold in practice, firstly in that the placement of materials from off-site as cover can now potentially be considered a de-facto waste action. Secondly, the technical mixing of potentially contaminated materials in situ with uncontaminated material is contraindicated by current guidance, being seen as potentially “diluting” the contaminants in the underlying materials. This paradox, since the underlying material is probably not technically a waste per se, has certainly in part limited the uptake of this methodology by both practitioners and regulators.

In addition, the responses clearly indicated that many practitioners and regulators were unaware of this document and its potential uses, possibly due to institutional loss of knowledge and experience over time since publication, as well as changes in general contaminated land and waste practice. In addition, it would appear that not many practitioners were presenting such evidence or systems on behalf of clients or developers, probably for essentially the same reasons.

It was noted in the responses that many regulators now default to generic requirements for cover systems. The usual default being 600mm or “Two Spades depth” and usually overlying a break layer. This later element was seen by most regulators and some practitioners as being more effective, acceptable and risk averse in that a break layer provides added security, i.e. by providing an obvious pathway linkage break. Such actions also avoid having to consider potential mixing issues and therefore complies more justifiably with current contaminated land exposure models, remediation practice and guidance by “removing” a pathway rather than just mitigating it.

Unfortunately, this trend may not be truly more sustainable or cost effective as the associated costs and materials used in providing break layers are not always going to be as sustainable as not doing so or accepting lesser depths of cover. Practitioners may therefore logically be taking this lead from the regulators and therefore not considering using the document and methodology on behalf of their clients, even if they are aware of it. This is because the associated costs of justification and arguing the case in a scientific and robust manner may be more than simply accepting emplacement of a break layer and provision of the full cover depth required by the regulator.

On the basis of the above findings, it is considered that current policy and lack of awareness make this a rarely used methodology in current practice. The document and software could be updated relatively easily to make them more user friendly as the general underlying science is still considered current and relevant. However, the general lack of enthusiasm noted for its use in light of the issues highlighted above (especially the general regulatory trend towards the use of generic depths and break layers) probably do not justify the associated costs of doing so at this time.

In conclusion, the basic science is still considered very sound, and the document would benefit from a wider awareness in the community and amongst regulators were it not for the tendency towards the more risk averse inclusion of break layers and standard depths. This has perhaps been a quite reasonable response to changes in regulatory frameworks since the document and software were first produced in 2004 and also probably reflect a general loss of institutional knowledge regarding the methodology over time.

There remains a potential for the methodology to be resurrected and updated for application in solid contaminants such as trace asbestos in soils, though sadly the supporting science is not currently available to justify such works in other than a speculative way.

On this basis the position of the AGS is that updating of this document is probably not sustainable or cost effective at present, but may be so in the future if:
1. Regulatory attitudes change,
2. Practitioners feel it still has utility in certain circumstances,
3. It has greater awareness within the community,
4. It can be adapted to meet additional and scientifically justifiable uses.

Article contributed by AGS Contaminated Land Working Group

Article

Q&A with Geraint Williams

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Full Name: Geraint Williams
Job Title: Associate
Company: ALS

Geraint has over 20 years’ professional experience and is technical lead for his company. He is a member of the AGS contaminated land and laboratories working group. He serves on the Executive Committee of the Society of Brownfield Risk Assessment (SoBRA) and participates in specialist groups including SoBRA’s vapour intrusion subgroup as well as chairing SoBRA’s Technical Panel. Geraint also serves on EH/4, the British Standards committee on soil quality and is chair of a drafting panel for a new standard on sampling soil for determination of volatile organic compounds.

What or who inspired you to join the geotechnical industry?
My father inspired me to be involved in our industry. I remember travelling to nearby Wirral where he pointed out interesting geological features including the ‘Red Rocks’ at Hoylake.

What does a typical day entail?
I spend lots of time supporting my teams, through technical review, dealing with clients’ challenges and troubleshooting when issues inevitably arise. Training and mentoring colleagues is important and also the most rewarding aspect of my job.

Are there any projects which you’re particularly proud to have been a part of?
I spent the formative years of my career carrying out intrusive investigation work for McAlpine on a major gas pipeline project in the North West which was an excellent grounding for anyone starting out in our industry. I’ve been fortunate enough to be involved in the largest land contamination projects in the UK.

I’ve been involved in projects in the Occupied Palestinian Territories, Afghanistan, Kuwait, Ivory Coast, and Nigeria. I was in Iraq recently training those who are managing the investigation and remediation of sites that experienced widespread destruction from sabotage and looting by Islamic State. The impacts of war in eastern Mosul are so extensive that much of the old city has essentially been destroyed. It is a privilege to be part of reconstruction efforts in conflict affected areas of the world.

What are the most challenging aspects of your role?
Being away from my family – I spent a month in West Africa when my daughter was first born. She is now eight so probably won’t notice if I spent six months away from home!

What AGS Working Group(s) are you a Member of and what are your current focuses?
I’m a member of the Contaminated Land Working Group – we have recently produced practitioner guidance on waste classification for soils, description of anthropogenic materials and environmental sampling.

What do you enjoy most about being an AGS Member?
I genuinely look forward to every meeting as it provides an opportunity to discuss matters that directly affect our industry. It’s a forum for knowledge sharing and promoting best practice. I most enjoy the technical aspects of our meetings and the collaborative way we work together to overcome common issues and challenges.

What do you find beneficial about being an AGS Member?
The AGS is the only organisation representing both the interests of the geotechnical and geoenvironmental sectors. It’s beneficial how different working groups come together to tackle issues – asbestos is a good example of Contaminated Land, Labs and Safety Working groups co-ordinating their efforts to each have input into what will become pragmatic guidance.

Why do you feel the AGS is important to the industry?
AGS provides its members with a real voice within industry – we are active on the National Brownfield Forum, we are represented on the Phase 2 Category 4 Screening Level Project and are involved in updating the Guiding Principles; our membership includes the Environment Agency and the National House Building Council. We probably don’t appreciate how respected and influential the AGS actually is. I suspect this will only increase as focus is shifting more towards industry-led guidance.

What changes would you like to see implemented in the geotechnical industry?
Like most of us, I’d like to see government implement a truly brownfield first policy. Our sector is worth £1 billion a year and employs almost 10,000 people. The housing crisis is one of the UK’s greatest challenges and brownfield development is key to solving it. No surprise that AGS is at the forefront of highlighting these challenges and making positive steps to address them. If you haven’t seen it, read the article ‘Unlocking complex brownfield sites’ in a previous edition of this magazine.