November / December 2018
IMPORTANCE OF THE AGS DATA FORMAT Roger Chandler of Keynetix outlines the reasons for the importance of the AGS Data Format
ENVIRONMENTAL LIABILITY INSURANCE
AGS BUSINESS AND MARKETING PLAN
EMERGING CONTAMINANTS
What is covered in the various forms of insurance for UK GI contracts?
Chair Elect of the AGS Julian Lovell discusses the newly revised AGS Business Plan
Phil Crowcroft of ERM discusses the issue of new and emerging contaminants
ABOUT THE AGS
Chair’s Foreword Looking through this issue of the magazine I’m pleased to say that (at the time of reading) we have produced one of the few current publications that does not include the B****t word. It is obviously a topic on all of our minds, and I’m sure that we all need more clarification on how the process will pan out for the geotechnical and geoenvironmental industry. However, one thing that is reassuring amongst all of the uncertainty is that the AGS and our members are committed to continuing to produce standards that will govern our working practices for the foreseeable future. The “Standards Update” towards the end of this issue demonstrates the current level of this commitment. It is humbling to see how many AGS members and organisations are involved in drafting these standards, sometimes being compensated for their travel and subsistence costs and often sponsored by organisations like our own.
What emerges is a reassuring judgment for geotechnical (and geoenvironmental) engineers that highlights the significant commercial value of formal assignments of reports (or collateral warranties or letters of reliance). Once Members have read the article on page 24 they may be inspired to look at the many other AGS Loss Prevention Alerts and the recently updated AGS Loss Prevention Guidance which are available for download on the website.
This issue of the AGS Magazine includes a legal viewpoint on the Duty of Care arising from Third Party reliance on a geotechnical report, which sounds complicated but has been extremely well explained so that it is understandable to those, like myself, who have had little or no legal training.
We would be interested in your feedback on the magazine and our future plans. Please contact ags@ags.org.uk if you have any comments.
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We are looking forward to our Annual Conference in the spring and have secured several prestigious speakers. We have also listened to the feedback of our members and made improvements to make the event even better than last year. The AGS looks forward to welcoming our members on the 3rd April where we will celebrate the output of our Working Groups, network with fellow professionals and enjoy the presentations on a diverse range of topics.
Neil Parry AGS Chair
The Association of Geotechnical and Geoenvironmental Specialists (AGS) is a nonprofit making trade association established to improve the profile and quality of geotechnical and geoenvironmental engineering. The membership comprises of UK organisations and individuals having a common interest in the business of ground investigation, geotechnics, geoenvironmental engineering, engineering geology, geochemistry, hydrogeology, and other related disciplines. EDITORIAL BOARD Neil Parry, AGS Chairman Ciaran Jennings, Forum Court Associates Caroline Kratz, Forum Court Associates Katie Kennedy, Forum Court Associates Chris Swainston, Soils Limited Stephen West, Ramboll Calum Spires, Equipe Group Julian Lovell, Equipe Group EDITORIAL STORY If you have a news story or event which you’d like to tell our editorial team about, please contact the AGS on 020 8658 8212 or ags@ags.org.uk. Please note that articles should act as opinion pieces and not directly advertise a company. The AGS is under no obligation to feature articles and events received. CONTACT US Association of Geotechnical & Geoenvironmental Specialists Forum Court, Office 205 Devonshire House Business Centre, 29-31 Elmfield Road Bromley, Kent, BR1 1LT
ags@ags.org.uk 020 8658 8212 Association of Geotechnical & Geoenvironmental Specialists @agsgeotech www.ags.org.uk
Inside this month’s issue
FEATURE PAGE 14
Environmental Liability Insurance
COVER STORY PAGE 10 Roger Chandler, Managing Director of Keynetix outlines the reasons for the importance of the AGS Data Format
Those procuring ground investigation may wish to consider what insurances are called for in their contracts. Peter Boyd, Operations Director - Ground Engineering ar AECOM discusses what aspects of Environmental Liability is covered in the various forms of insurance for UK GI contracts.
AGS BUSINESS PLAN PAGE 18 Chair Elect of the AGS Julian Lovell discusses the newly revised AGS Business Plan.
Q & A: KATHERINE JONES PAGE 28 The AGS Magazine conducts a Q & A with Dunelm’s Katherine Jones.
GUIDANCE ON HIGHWAYS & TRUNK ROADS PAGE 32 Full AGS Guidance document for working on highways and trunk roads.
MORE INSIDE
PAGE 4-9
News in Short: Annual Conference Line-up
PAGE 20
Emerging Contaminants A regulatory challenge
PAGE 36
Standards Update November 2018 Update
November / December 2018
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News in Short AGS Loss Prevention Seminar Save the Date The AGS are pleased to announce that a conference, based purely on loss prevention industry updates, will take place on Wednesday 3rd July 2019. This half day afternoon event will focus on legal aspects and updates within the geotechnical and geoenvironmental sector, in particular the Loss Prevention guidance document which was published earlier this year on
the AGS website. The conference will take place within the auditorium at One Moorgate Place in London, and tickets will include lunch and refreshments.
Full details including speakers and ticket prices will be released in due course. For information on the limited sponsorship packages available, please contact the AGS on ags@ags.org.uk.
The top three AGS publications for Nov’ 2018 1. AGS Guidance on the Description of Anthropogenic Materials – A Practitioners’ Guide 2. AGS Guide to Ground Investigation Reports 3. Guidance for Safe Intrusive Investigation of Contaminated Land To download the publications for free; click here.
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Magazine Editorial Board, who will decide on a shortlist and overall winner. Full details will be announced in the January/February 2019 issue of AGS Magazine.
IMAGE REQUIREMENTS
AGS Photography Competition The AGS are holding their first official photography competition for the geotechnical and geoenvironmental industry. We’re on the look out for your most creative working images, whether it be a landscape project shot, a close-up laboratory testing image or simply you and your colleague’s problem solving in the office. If you’re a budding photographer or have a great engineering image which you’d like to enter, then we’d like to see it. Entry into the competition is free and the winner of the competition will win a Piccadilly wicker hamper basket from luxury retailer, Fortnum and Mason, worth £75. The hamper includes Pistachio and Clotted Cream Biscuits, Marc de Champagne Truffles, Breakfast blend Coffee, Breakfast blend tea, Strawberry Preserve, Fortum’s Piccadilly Piccalilli, Burlington Breakfast Marmalade and Fortnum’s Dao Tino. There will also be a number of spot prizes of a bottle of Champagne for highly commended images. There are no restrictions on the photography equipment used, so feel free to use a phone, computer, tablet or a traditional hand-held camera to capture your image. All entries will be reviewed by the AGS
The AGS are looking for high resolution jpeg images (no less than 300 dpi) of a geotechnical and geoenvironmental nature. Images can include project imagery, laboratory testing, collaborative working and more. Photographs featuring staff should demonstrate health and safety procedures are in place, if appropriate.
HOW TO ENTER Please email your image with; • A short description of what it showcases and where it was taken (up to 50 words) • Credit information (if applicable) • Your full name • Company name • Postal address to ags@ags.org.uk with the subject ‘AGS Magazine: Photography Competition 2018’ in the email. • There is no limit to the number of images you enter. • The deadline for entries is Friday 21st December 2018. • Entry into the competition is free
TERMS AND CONDITIONS • • • • •
Applicants must be aged 18 or over. All images must be high resolution and 300 DPI (dots per inch). Applicants must be based in the UK. The photographer must have full copyright of all entered images. All images entered may be reproduced by the AGS and used in future AGS event and marketing literature without prior notice. This may include usage across the AGS’ social media channels, inclusion in the AGS Magazine and on the AGS website.
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Registered Users of AGS Data Format for 2018 In 2018, the AGS decided that an annual fee should be payable as a contribution to its upkeep and ongoing development for those organisations sending or receiving AGS files.
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AECOM Infrastructure & Environment UK Limited
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CMW Geosciences Pty Ltd
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Allied Exploration & Geotechnics Limited
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Coffey Geotechnics Ltd
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Amec Foster Wheeler Environment & Infrastructure UK Limited
Concept Engineering Consultants Ltd
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Concept Life Sciences
This came into effect on 1st January 2018 with the annual fee for AGS member organisations set at £50 and non-member organizations £150.
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Amplus Ltd
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Costain Geotechnical Services
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Applied Geology
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Datgel Pty Ltd
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Arcadis
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Atkins Consultants
Derwentside Environmental Testing Services Ltd
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BAE SYSTEMS Environmental
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Dunelm Geotechnical and Environmental Limited
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BAM Ritchies
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Bentley
Earth Science Partnership Ltd
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Black & Veatch Ltd
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Edafomichaniki S.A
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Bridgeway Consulting Ltd
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Fairhurst
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British Geological Survey
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Fine spol. s r.o.
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Buro Happold, Ground Engineering
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Fugro Australia Marine PTY Ltd
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Campbell Reith Hill LLP
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Fugro GB Marine LTD
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Chemtest
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Fugro Singapore Land Pte Ltd
We would ask that, if you are a consumer of AGS data, you check that any company supplying you with AGS data is shown on the list of Registered Users. Please see the list of registered users of AGS Data Format below. If you would like to be a registered user of AGS Data Format, please email ags@ags.org.uk.
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Geoassist Limited
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Geocrust Ltd
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Keynetix
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Geolabs Ltd
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Land Quality Management
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Geological Survey of Ireland
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Geostru
LBH Wembley Geotechnical & Environmental
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Geotechnical Consulting Group
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Geotechnical Engineering
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Geotechnics Ltd
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Golder Associates
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Ground Stiffness Surveys
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Ground Technology Services
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Harrison Group Environmental Ltd
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I2 Analytical Limited
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Ian Farmer Associates
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IKM Consulting
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Jacobs
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Johnson Poole & Bloomer
Ltd
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RPS Planning & Development
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Rural Arisings
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Seequent
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Sevenoaks Environmental Consultancy Ltd
Leap Environmental
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SOCOTEC UK
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LIM SAS
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Soil Engineering
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Listers Geotechnical Consultants Ltd
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Southern Testing Laboratories
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MLM Environmental
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Morgan Sindall Engineering Solutions Ltd
Spea Ingegneria Europea spa
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Strata Geotechnics
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Mott MacDonald
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Structural Soils Ltd
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Norfolk Partnership Laboratory
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Terra Tek Ltd
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OSAIMI GEOTECHNIC CO.
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TerraConsult Ltd
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Ove Arup & Partners ltd
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The Environmental Laboratory
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Quantum Geotechnical
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Tyréns AB
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Ramboll UK
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Verkis
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Royal HaskoningDHV
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WYG Environment Planning Transport Ltd
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AGS Annual Conference 2019: Speaker Line-up Confirmed The AGS are pleased to announce that their inaugural Annual Conference is taking place on Wednesday 3rd April 2019 at the National Motorcycle Museum in Birmingham. Formally known as Members’ Day, this full day seminar will focus on the work and achievements of the AGS and see expert speakers present on geotechnical and geoenvironmental topics and their technical aspects. Speakers confirmed to date include; •
Keynote Presentation: Iain Stewart, Professor of Geoscience Communication and
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Director, Sustainable Earth Institute at University of Plymouth •
Environmental Sampling: Chris Swainston, Principal Environmental Engineer at Soils and Mike Plimmer, Technical Director at Geotechnical and Environmental Associates
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Asbestos: James Macfarlane, Technical Director at Hydrock
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Who Owns Data: Jackie Bland, IT Manager at Geotechnics, David Entwisle, Senior Engineering Geologist at BGS and Steve Walthall.
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Selling Geotechnical Value
in a Multi-Disciplinary Environment: Patrick Cox, Director Major Projects at AECOM •
Emerging Contaminants: Phil Crowcroft, Technical Fellow at ERM
A limited number of complimentary tickets are available for all AGS Members. Additional tickets for the event are priced at £75 for AGS Members and £120 for nonMembers. Prices exclude VAT. Terms and conditions apply. To confirm your attendance please request a registration form from ags@ags.org. uk and return it by Friday 22nd March 2019. Lunch and refreshments will be provided.
Sponsorship opportunities are also available at the AGS Annual Conference and can provide an excellent marketing platform for companies wishing to increase their profile and raise awareness of their company initiatives. The following sponsorship packages are available;
CATERING SPONSORSHIP (AGS Member Rate: £900 / Non-Member Rate: £1,080) • • • • • • • • •
Company logo across the catering area Company logo on catering napkins Half page advert in AGS Magazine* Entry for three delegates into the event A designated area (6ft x 2.5ft) 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 Two announcements of your company’s involvement on the AGS Twitter page
• Announcement of your company’s involvement on the AGS LinkedIn page *terms and conditions apply
GOLD SPONSORSHIP PACKAGE (AGS Member Rate: £550/ Non-Member Rate: £660) • • • • • • •
Entry for two delegates into the event A designated area (6ft x 2.5ft) 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
SILVER SPONSORSHIP PACKAGE (AGS Member Rate: £400/ Non-Member Rate: £480) • • • • •
Entry for one delegate into the event 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. Only one Catering Sponsorship package is available. For further information on the event and sponsorship opportunities contact Caroline Kratz on 0208 658 8212 or email ags@ags.org.uk.
November / December 2018
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The importance of the AGS Data Format
I
n an age when BIM, cloud these two scenarios. After all, recomputing and artificial A colleague provides a intelligence constantly typing 1,000 printed spreadsheet of 1,000 make the headlines, the AGS numbers already in a numbers, in two columns, Data Format has become spreadsheet would be and asks for a graph of more relevant than anytime wasting time and would the data. The immediate in its 25 year history. response would be to ask probably introduce Keynetix Managing Director for the spreadsheet with the and AGS Data Management errors. data in it. After all, re-typing working group member, Roger 1,000 numbers already in a Chandler, outlines the format spreadsheet would be wasting time and would and why its adoption continues to make AGS probably introduce errors. member organisations more competitive.
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To better understand what the AGS Data Format can do for an organisation, consider
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Now imagine a client supplies borehole logs printed out from its borehole logging software. The logs have 1,000 items of data on them and
the client wants a graph of SPT vs depth.
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Keynetix user conference, which have been adopted by the AGS:
Their competitors have probably asked for the information in an AGS file and completed a job that could take all morning in about five minutes...
Those unaware of the AGS Data Format may not realise that the first and second scenarios are exactly the same and have probably re-typed 1,000s of numbers, thinking it was the only option. Their competitors have probably asked for the information in an AGS file and completed a job that could take all morning in about five minutes; without typing anything or introducing any new errors.
AGS Data Format: transforming data handling
Rule 1: Only enter data once Rule 2: Get someone else to do it.
In the first scenario above, the immediate response would be to get the data from the person who already had it (Rule 2). If, however, if no data was available, then it would have to be entered (Rule 1) and then no one else should ever need to enter the data again (Rule 2).
Take a sample data audit
HTML is a good example of how a widely-used format can transform an industry. This is the file transfer format that runs the internet.
A sample data audit is a very useful, and often enlightening, exercise to complete.
When a web browser asks a server for a webpage it is sent in an HTML format, which is then read by the browser and the webpage is displayed. The server does not need to write a file specifically for the browser software – it gives it exactly the same file to any software asking for the webpage.
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Sample labels
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Drillers’ logs
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Engineers’ notes
In the same way, the AGS Data Format is a text file set out in an agreed standardised format supported by about 20 commercial software packages, giving a wide range of options for the collection, reporting and visualisation of geotechnical data.
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Chain of custody
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Schedule sheets
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Laboratory worksheets
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Testing reports
Both these files are ‘data transfer files’. The rules on how to read and write these files are often called the ‘file format’. The AGS data management committee maintains the rules for the AGS Data Format.
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Borehole logs
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Section diagrams
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Design plots.
Two Golden rules To highlight the power of this basic concept, I came up with two ‘Golden rules’ at a 1999
First, write down every stage of the project where any of the sample details were written or typed in. Consider:
Typically, around six of the these will have been written or typed in, sometimes all of them. Second, take away one from the answer
November / December 2018
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Image courtesy of Aspin Group: Collecting AGS data on site using KeyLogbook
(information will have to be entered once to create the sample) and multiply the remainder by the number of samples the organisation handles in a year.
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If implemented correctly, AGS Data Format can significantly reduce inefficiencies and therefore increase the quality assurance of client deliverables...
This number could be more than 10,000 or even more than 100,000 – that is the number of times a company carries out an unnecessary operation and, worse, could increase its project risk due to errors being introduced by its inefficiencies. This is only for sample data – the number is far bigger when the audit is carried out on all the data gathered during a site investigation. In the first ten years of the AGS Data Format, it was used primarily as an inter-company data transfer as part of final project deliverables. However, it is now used just as much, if not more, to help companies adopt more efficient data practices within their internal and external supply chains.
If implemented correctly, AGS Data Format can significantly reduce inefficiencies and therefore increase the quality assurance of client
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deliverables, enabling teams to spend less time typing and more time thinking and considering the geotechnical problems and solutions for the site. To find out more visit www. ags.org.uk
About the Author Roger Chandler Joined the AGS committee in 1997 and co-founded Keynetix the following year. He is a member of the AGS Data Management working group. For the last 20 years he has grown Keynetix into an international geotechnical data management software company and regularly speaks at geotechnical conferences on the power of the AGS Data Format. Roger is offering to hold a free lunchtime webinar for AGS member companies to help them learn more about the AGS Data Format and how the two Golden rules can improve data efficiency. For more information contact roger.chandler@keynetix.com
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November / December 2018
13
Environmental Liability Insurance
Peter Boyd, Operations Director - Ground Engineering ar AECOM discusses what aspects of Environmental Liability is covered in the various forms of insurance for UK GI contracts.
M
ost UK contracts that AGS members enter into will require them to hold various types of insurance – usually including as a minimum, employer’s liability and public liability Insurance. Where work involves interpretative reporting or design then normally the client will seek to ensure the contracting party carries adequate professional indemnity insurance. For any physical contracting work clients will often require the contractor to hold contractor’s all risk (‘CAR’) Insurance.
What aspects of environmental liability are covered by other insurances? Environmental liability resulting from spills or emissions of contaminants will have limited cover provided by public/third party liability insurance.
Back in 2000 (AGS Loss Prevention Alert No 7) the AGS warned its members about the potential pitfalls of having inadequate environmental insurance following the introduction of Part 2A of the Environmental Protection Act on 1 April of that year. The AGS advised that members’ activities can cause or exacerbate a contaminated land condition and furthermore the Environment Agency reminded the industry that disturbance caused by site investigation boreholes, site demolition, site stripping and the construction of foundations ... disturbance can all cause contaminants caused by site to be released into investigation boreholes, underground aquifers.
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site demolition, site stripping and the construction of foundations can all cause contaminants to be released into underground aquifers.
Such policies cover occurrences which happen during the period of insurance; they provide “indemnity against legal liability for damages”; but the occurrences or incidents have to be “sudden, identifiable and unforeseen” otherwise they are excluded. Any ‘gradual’ pollution would therefore not be covered by such insurance, nor would costs that do not fall within the definition of “damages.
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Following the introduction of the Environmental Damage (Prevention and Remediation) Regulations in 2009 the AGS published LPA 48 which warned that the scope of cover provided by general liability policies (such as public liability (“PL”) and professional indemnity (“PI”) policies) in respect of environmental risks may be narrower than many people may anticipate. Currently there are broadly two types of claims which result from incidents involving environmental damage. The first are privatelaw civil claims (usually nuisance claims)
Contaminants can easily be released into underground aquifiers if not managed correctly.
brought by neighbours. When it is a one-off event, these are usually claims for compensation for the harm that has already occurred. The second are statutory claims brought by regulators such as the Environment Agency which has powers to clean up and charge those who caused the pollution.
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“liability for damages”, within the meaning of the typical insuring clause (Bartoline v. RSA [2006] EWHC 3598, [2008] Env LR 1). Similarly, works that the insured may be required to carry out to its own land in order to prevent further harm to the environment or third party land are not “damages” and therefore not covered by standard public liability policies (Yorkshire Water v Sun Alliance [1997] 2 Lloyds Rep. 21).
The civil claims by neighbours may be covered by a public liability policy, whereas the claims arising out of regulatory action are not covered...
The civil claims by neighbours may be covered by a public liability policy, whereas the claims arising out of regulatory action are not covered as the courts have decided that such statutory claims do not give rise to
Consequently, if a party pollutes a river that is privately owned, its owner may clean up,
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Loss Statutory environmental damage remediation costs Preventative works to prevent further spread of contamination Environment Agency costs (emergency response works, investigation and prosecution) Fines Damage to Third Party Property Third Party Loss of Profits Third Party Costs and sue that party, who can claim on his PL policy. But if the EA steps in and carries out urgent decontamination works to the river, and claims the costs of this under statute, the policyholder must bear those losses himself.
Covered by PI/PL? No
Covered by EIL? Yes
No
Yes
No
Yes
No Only if “sudden etc.” escape Only if “sudden etc.” escape Only if “sudden etc.” escape
No Yes Yes Yes
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Even if the claims qualify as liability for “damages”, the PL policy may still not provide an indemnity because of the pollution exclusion clause that is standard in most PL policies which requires the pollution to be a result of a “sudden identifiable...incident.” It is often evidentially difficult to establish this, for example an escape from an underground fuel tank or pipe where one can only speculate as to how and over what period the escape occurred.
Uptake of Environmental Liability Insurance in UK Despite this, in the 18 years or so since the publication of LPA 7 warning of the risks, there has been no significant change in the insurance held by UK contractors and consultants and specific environmental liability insurance is not routinely held by the majority of the site investigation industry contractors and consultants. The reasons for this may be
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threefold;(1) clients do not require that contractors carry this insurance; (2) a lack of understanding by project teams of how the risk is insured (or not insured);and(3) the premiums have, historically, been relatively high. The latter point is of concern as it would indicate that insurers believe that this is an area of high risk whereas the industry apparently does not, albeit market appetite and capacity is increasing which is having a downward effect on premium levels.
The exception to this appears to be the oil and gas industry where environmental liability insurance is called for as routine...
The exception to this appears to be the oil and gas industry where environmental liability insurance is called for as routine, principally because many of the oil and gas clients are based in the USA where such insurance is more widely held – perhaps in response to a more litigious regime in this area of work. In the UK brokers report that demand for ‘gradual’ pollution insurance is concentrated in certain sectors and cover is not purchased widely at present. This is despite the fact that the EU Environmental Liability Directive came into effect in March 2009 and the directive introduced a no fault liability on a “polluter pays” principle. In theory it should have increased demand for environmental liability
cover, but to what extent is not clear, as awareness amongst those likely to be most affected is low.
Should AGS members be concerned?
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of the contamination. Nevertheless infiltration of contaminants from point sources can have serious consequences. This was the case when a number of shallow soakaways were installed on the M25 threatening the Bricket Wood abstraction borehole in Hertfordshire (see Price et al. 1989). In aquifers the contamination may spread a long way downstream from the point of entry and the bromate contamination traced to its source in Sandridge near St Albans was found to have migrated some 20km, affecting a water abstraction point some 10km away and to have spread across an area of over 40km2 (see Fitzpatrick 2010).
In aquifers the contamination may spread a long way downstream from the point of entry and the bromate contamination traced to its source...
The Environment Agency reports that a significant proportion of aquifer pollution can be attributed to boreholes allowing contaminants to migrate vertically. Typically this will occur where holes are drilled through landfills which are often underlain by an engineered clay liner or naturally-occurring clay which prevents, or at least attenuates, the vertical migration of contaminants. In an effort to determine the thickness of this basal layer and investigate the geological and hydrogeological conditions below, these investigation boreholes often puncture the basal low permeability layers, thereby creating a new pathway which previously did not exist, and inadvertently allowing gradual vertical downward migration of contaminants. An informed client and contractor may seek to avoid drilling through clay liners but this may be less than straightforward when the landfill contents are themselves primarily clay based materials.
The practical challenge to regulators such as the Environment Agency in such cases is proving that a specific borehole or series of boreholes resulted in a specific pollution event. More often pollution from boreholes results in dispersed contamination of the aquifer and it becomes very difficult to prove how and when the observed pollution occurred. Even if it were possible to pinpoint the source of the contamination, it might be argued that the negligence was on the part of the engineer who ‘designed’ the borehole and the engineer’s PI insurance should respond to any claim, although the contractor drilling the borehole might be deemed to be the ‘knowing permitter’
As was the case in 2000 it is perhaps a good time for AGS members to review their environmental insurance policies to ensure that they have adequate and appropriate cover for these risks. Those procuring ground investigation may wish to consider what insurances are called for in their contracts.
References AGS (2011). Insurance cover for Environmental ‘Cleanup Costs’. Loss Prevention Alert LPA 48, May 2011. Fitzpatrick CM (2010). The hydrogeology of bromate contamination in the Hertfordshire Chalk: doubleporosity effects on catchment-scale evolution. Unpublished EngD thesis, University College London. Price M, Atkinson TC, Wheeler D., Barker JA. & Monkhouse RA. (1989) Highway drainage to the Chalk aquifer near Bricket Wood, Hertfordshire. British Geological Survey, Technical Report WD/89/3
Article contributed by Peter Boyd, Operations Director, Ground Engineering, AECOM
November / December 2018
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AGS Business and Marketing Plans
Delivering the Vision Julian Lovell, Chair Elect of the AGS runs through the newly revised AGS Business Plan
T
he September/October issue of the AGS Magazine had an interesting article from industry stalwart Len Threadgold who looked back at the vision and aims of the AGS at conception and in its early days. This has changed little over time and explains why the AGS is still such a vibrant and active association. However, the Executive team recognise that a lot of the good work, publications and guidance produced by AGS members often does not reach further than the committee members and Nominated Representatives.
from being part of the Association and these benefits are highlighted within the Business Plan and on the AGS website.
In order to deliver the vision and aims, it was agreed by the Executive that a clear plan, set of objectives and mechanisms for delivery had to be developed. So, for the first time since inception the AGS has developed a Business Plan and Marketing Plan to assist the association to document for the members its strategic goals and supporting objectives to achieve its aims and this article provides a brief overview.
(c) to give benefit to all of its participants
The AGS has been the UK’s only Trade Association for geotechnical and geoenvironmental businesses since 1988 and is represented by specialist consultants, contractors, suppliers and clients. It is a non-profit trade association which, through its working groups and activities, works to enhance this specialist sector by promoting good practice, standards and encouraging innovation. Its members are committed to safety and quality and it is important that members feel that they have a real benefit
2. Organise and promote industry related conferences and events
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The Business Plan sets out the already wellestablished aims of the Association which are: (a) to promote and enhance quality and safe practice within the geotechnical and geoenvironmental industry; (b) to provide opportunities for participation in its activities to all those in the wider geotechnical and geoenvironmental industry;
In order for the AGS to maintain and improve the effectiveness to deliver its aims and objectives to the industry and benefits to its members, the Marketing Plan has been developed around five key areas: 1. Maintain the effectiveness and focus of the advice and guidance from the Association through its Working Parties
3. Sell and promote AGS publications 4. Produce an industry focussed magazine 5. Manage and promote the AGS Data Format In endeavouring to achieve its aims the AGS Business Plan states that it is committed to the growth of its membership from companies who are recognised for the quality of practice they bring. It is recognised that a larger
New Fee Structure Bands Fee 1-2 £330 3-7 £625 8-15 £825 16-50 £1000 50-100 £1100 > 100 £1500 Affiliate £300 Practitioner £90 Graduate £0 Student £0 unique position to be able to lead and influence the industry.
membership base provides a level of influence within the industry and revenues which will enable it to underpin the association aims and objectives as set out in the Business Plan and Marketing Plan.
During the production of the Business Plan an analysis of the current membership and market was carried out and it became clear that in order to meet the aims and adapt to the changing shape of the members such as those created by mergers and acquisitions a simplified fee structure was required. It was also clear that the viability of the Association heavily rests with recovering these fees in a timely manner and as benefits such as our free* Annual Conference had to be maintained a slight increase was proposed and the new structure is provided above.
The principle initiatives to grow the membership are to create value of membership and tangible benefits, build awareness of the AGS value of membership The 2019 plans are already in place and so through improved marketing and presence we can already look forward to the Annual and engage with students Conference on 3rd April, and graduates. The AGS is already the first Loss Prevention
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well supported Seminar on 3rd July, The AGS is already well a Health, Safety and by a wide variety of supported by a wide variety Environmental Seminar in of stakeholders from the stakeholders... November and continual industry but the aims and updates on Standards, objectives within the Business and Marketing Plans can only be delivered with this continued guidance and legislation within the AGS Magazine. If you think you want to be part of support and through more individuals the team to deliver the vision and support the becoming involved. Through tangible benefits growth of the industry then please let us know such as the FREE AGS Annual Conference* ags@ags.org.uk . (Member’s Day), high quality seminars, AGS data format, guidance and publications, there is *Terms and Conditions apply. a real value to membership and the AGS is in a
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Emerging Contaminants
T
he subject of emerging contaminants is floated on a regular basis – as being a regulatory challenge, a headache for industrial landowners, and an alarm bell for NGOs who watch for damage to the environment which might emerge unexpectedly from what might previously have been considered benign substances. Rachel Carson’s seminal book, Silent Spring, published in 1962, brought the DDT issue out in the open. Regulators and Industry Bodies have tackled the subject of emerging contaminants, and found it very difficult to spot the ”next DDT” or the “new asbestos”. Perhaps this is not Perfluorooctane Sulfonate (PFOS) and Perfluorooctane Acid (PFOA). These have surprising, as it is not so much the substances been used extensively in the last 30 years to which emerge, as our understanding of the provide food packaging, non-stick surfaces in toxicology and other properties of substances, kitchen ware, and improved fire suppression or their behaviour in the environment characteristics in foam used to douse fires. – such as persistence or potential for The reasons for its effectiveness relate to its bioaccumulation. In addition, what might be persistence – it’s very hard to viewed as an acceptable breakdown, and hence in Much publicity concentration this year might the environment, there is become unacceptable next has been given to very little biodegradation, year as bodies such as the PFAS (perfluorinated and it only changes World Health Organisation and polyfluorinated concentration by dilution. bring in new Drinking Water alkyl substances), The group of substances are Standards which reflect our linked to several forms of phthalates and changing understanding of cancer and effects on liver, the effects of chemicals on microplastics of late. gastrointestinal system health and the environment. It is worth considering and thyroid hormones. In these in turn. Much publicity has been 2016, the USEPA announced given to PFAS (perfluorinated increasing concern about and polyfluorinated alkyl substances), the group of substances, and reduced the phthalates and microplastics of late. It is worth Health Advisory Value to 70 nanograms/litre. considering these in turn. This resulted in Water Companies reviewing their abstraction sources on a precautionary PFAS is a group of substances which include basis, with some discovering that their main
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source of drinking water supply could no longer be used with confidence. In the state of Michigan, widespread impacts on surface and groundwater have caused the State to declare localised states of emergency while they find alternative water supplies. Finding alternative sources and setting up appropriate infrastructure to deliver potable water to a State comes with a multi-million dollar bill, and the precautionary approach will be under scrutiny when it comes to deciding who pays the bill. The only company in the US which manufactured PFAS is being pursued in the courts. Who knows what the outcome will be. Extensive investigation and clean-up is also being pursued at sites where fire training takes place – particularly airports and military sites, where mock aircraft or buildings have regularly been dosed with fuel and the fire extinguished with PFAS in the foam. The added effectiveness of fire foam using PFAS may have saved lives over the years, but it is difficult to balance the benefits (possible lives saved in ď Ž fires) with the disbenefits (environmental
The SiLC Register is aimed at practitioners from a diverse range of professional bodies working in the assessment and management of land condition and brownfield regeneration who demonstrate a high degree of experience, competence and skill during their career. For more information about SiLC, please visit https://www.silc.org.uk/
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accumulation and health impacts through drinking water). It often takes tens of years to establish the true impacts of bioaccumulation of a chemical in the food chain, and the application of the Precautionary Principle in the meantime is often justified by such uncertainty.
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However, it can be seen that action is slow to happen with a truly new emerging contaminant, and now 15 years on from the first concerns being expressed, there is still only patchy State and Federal regulations in the US...
Phthalates first came to the attention of Regulators in the US in 2003, and since then, this group of chemicals have been studied in detail and shown to include some substances which have negative health effects. An over-arching report produced by the U.S. Consumer Product Safety Commission, Chronic Hazard Advisory Panel on phthalates and alternatives formed the basis for current concerns in relation to a wide range of possible health effects including damage to liver, kidney, lungs and reproductive system. There are moves afoot in the US to ban
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or reduce the use of a number of phthalates such as Di(2ethylhexyl) phthalate (DEHP). However, it can be seen that action is slow to happen with a truly new emerging contaminant, and now 15 years on from the first concerns being expressed, there is still only patchy State and Federal regulations in the US to eliminate the chemicals from some products, but the list is likely to grow.
Microplastics are also in the news currently. There is confusion around the terminology, with some commentators meaning finely shredded strands of plastics which are becoming entrained in fish in the ocean, against a backdrop of macro-sized plastics which float across the ocean and are cast up on beaches. Industry also produces deliberately fine-sized microplastics such as
microsilicones, which are considered a problem. So the Mercury is used in products such as whole health risk picture wash-off personal products associated with asbestos in likewise well known to improve abrasion and the environment is patchy and relatively well washing power. Micro at best, and dangerously understood, but it has silicones are relatively new, lacking at worst. So our taken a long time to and some are persistent, approach to dealing produce a UN Convention effectively with asbestos is bioaccumulative and toxic. It is an EU requirement that on phasing out the use of still emerging. D4 (Cyclotetrasiloxane) mercury. Mercury is likewise well and D5 (Cyclopentasiloxane) known and relatively well shall not be placed on the understood, but it has taken a long time to market in wash-off cosmetic products in a produce a UN Convention on phasing out the concentration equal to or greater than 0,1 use of mercury. The Minamata Convention on % by weight of either substance, after 31 Mercury is an international treaty designed to January 2020. This constraint is expected to protect human health and the environment be effective in controlling the appearance from anthropogenic emissions and releases of of microsilicones in waste waters. Some mercury and mercury compounds. Minamata retailers have voted with their feet and disease was first discovered in Minamata city will not accept inclusion of microplastics in consumer products. The balance of self-control in Kumamoto prefecture, Japan, in 1956. It was caused by the release of methylmercury and regulation can be an effective way to in the industrial wastewater from the Chisso manage this emerging contaminant. However, Corporation’s chemical factory, which dealing with the already massive presence of continued from 1932 to 1968. The Convention plastics in the environment presents rather was signed in 2013, and came into effect in 2017. greater challenges. Should we give up plastics That’s 61 years after the effects of mercury on altogether? This may be a step too far as they the people of Minimata was first identified. now form an intrinsic part of the fabric of society, but action is needed to avoid adding to In conclusion, the subject of emerging the existing problem. contaminants should perhaps rightly
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But enough of “new” contaminants. What about some of the old chestnuts? Asbestos and its effect on health is well understood, but the relationship between asbestos in soil and asbestos in air is not. As the main pathway of casual exposure is inhalation of asbestos fibres usually liberated from soil in dry weather, we might consider this to require a high level of effort to research, but funds for such work are hard to come by in the UK. In some European countries, the only concern is for exposure to asbestos in the workplace as a result of building fabric degradation and accidental exposure when buildings are being renovated or maintained. Levels of asbestos in soil are not
include emerging knowledge of toxicology, biaccumulativity and persistence and emerging policy attitudes and interpretation of the Precautionary Principle. To be able to predict what will be the next big issue requires a high quality crystal ball, or a good knowledge of where we have gone wrong in the past to so we can learn from such events, and spot new problems earlier, allowing more timely action. Article contributed by Phil Crowcroft Technical Fellow ERM
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Duty of Care: Third-Party Reliance on Geotechnical Reports A summary of Loss Prevention Alert (68), published September
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n 25 July 2018 the Technology and Construction Court (“TCC”) handed down judgment in a case which will be of great interest to AGS members: BDW Trading Ltd v Integral Geotechnique (Wales) Ltd [2018] EWHC 1915 (TCC). In the judgment, the TCC provided useful guidance regarding where the duty of care sits when a geotechnical engineer’s report prepared for the seller of land is relied on by the purchaser and what constitutes negligence when considering the content of such reports.
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Background
IGL’s appointment was governed by its standard conditions of engagement which incorporated the ACE Conditions. IGL’s standard conditions included the following clauses, excluding third party rights and limiting liability for contamination: •
Clause 5: “Nothing in [this contract] confers or purports to confer any third party benefit or any rights to enforce any terms of this contract.”
IGL’s appointment was governed by its standard conditions of engagement which incorporated the ACE Conditions.
Bridgend County Borough Council (“the Council”) owned the site in question (“the Site”) and intended to sell it for housing development after obtaining planning permission. The Council commissioned a geotechnical report from Integral Geotechnique (Wales) Ltd (“IGL”)
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which was included in the package of information sent out to potential purchasers.
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• Clause 10: “For any matter arising out of or in connection with pollution or environmental contamination the total liability under or in connection with this agreement at any time shall be limited to the lesser of: the direct costs incurred by the Client [i.e. the Council]
in cleaning up the site of the works or any part thereof: and the amount if any recoverable by [IGL] in respect of such claims under any professional indemnity insurance taken out by [IGL].” •
Clause 11: “Subject to a limit of £300,000 for all such claims.”
contamination in that area of the Site. BDW claimed that had IGL’s investigations and report been non-negligent, the asbestos would have been discovered prior to sale of the site and BDW would have negotiated a reduction in the purchase price accordingly.
Duty of Care in Tort
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It was clear to IGL from the Once the case was taken to Once the case was outset that the report it court, it became apparent taken to court, it produced following its site that BDW had not taken an became apparent that investigation would be used assignment of the report and for marketing the site to therefore had no contractual BDW had not taken residential developers. With claim against IGL. However, an assignment of the that knowledge, IGL sent BDW argued that IGL owed report and therefore the report to the Council a duty of care in tort on the had no contractual under cover of a letter which basis that IGL knew that claim against IGL. stated: “We confirm that the BDW had received a copy of attached may be assigned to the their report, had read it and site purchaser and onto two further parties.” relied on it when purchasing the site. Following the completion of the works, the The Judge in the case, Stephen Davies QC Council put out a tender for the development concluded that, “… if BDW wanted to place legal of the land investigated by IGL. The tender reliance on the report it would have to obtain package (containing the IGL report) was an assignment or other legal document from received by residential developer BDW Trading IGL to do so ...” Ltd in June 2012. Almost two The judge also drew a clear years later, BDW purchased distinction between a The judge also the site but did not at any purchaser “using” the drew a clear point request or receive an report, in the sense of assignment of the benefit of distinction between a reading it, asking questions IGL’s report from the Council, purchaser “using” the and making decisions nor did they seek any legal report [...] and “relying” based on it, and “relying” document from IGL to permit on it in the sense of having on it... their reliance on it. They did, a legal right to do so. IGL’s however, put queries to IGL knowledge that a third party regarding some aspects of their report. was “using” the report did not necessarily Groundworks began in 2014 to develop the land give rise to a duty of care and did not do so and as work progressed extensive asbestos where IGL had provided the report on the contamination was discovered beneath the understanding that a third party could not rely grassed-over areas of the Site. Accusing IGL on the report without taking an assignment. of negligent reporting, BDW sought damages Negligence for the cost of asbestos remediation. This claim was based on a perceived failure of IGL As BDW had no cause of action, it was not to acknowledge the possibility of asbestos strictly necessary for the court to consider
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the issue of negligence but it did so on an ‘obiter’ basis. The court stressed the importance of reading the report as a whole against the purpose for which the report had been obtained.
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The judge agreed some parts of the report may be open to criticism: the preliminary conceptual site model failed to identify the risk of ACMs originating from the former structures on site being present within made ground and the contamination section of the report also failed to refer to this risk. However, the Judge also made clear that it was important not to cherry pick sections of the report in isolation and that BDW had a responsibility to appreciate the report only provided provisional conclusions based on the scope of the ground investigation and could not be relied upon as definitive.
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The judge also highlighted the need to acknowledge the purpose for which the report had been obtained. It was not necessary for IGL’s report to emphasise hypothetical and unquantifiable risks, particularly where it had not been instructed to advise prospective purchasers whether or not to buy the site and, if so, on what terms. Given that they were instructed by the vendor of the site, they would certainly not be expected to “elevate hypothetical risks above the results of site investigations.”
The court stressed the importance of reading the report as a whole against the purpose for which the report had been obtained.
Conclusions This is a reassuring judgment for geotechnical engineers and one which will greatly assist in the defence of such claims (which are commonplace) in future. Common sense has
prevailed in respect of the court’s warning against “cherry-picking� parts of reports, its endorsement of standard disclaimers as to undiscovered hotspots of contamination, and its acknowledgment that reports prepared for vendors are not expected to protect the commercial interests of purchasers. This judgment also serves as a useful reminder of the significant commercial value of formal assignments of reports (or collateral warranties or letters of reliance) to potential purchasers and other third parties. By agreeing to such mechanisms, consultants are creating entirely new liabilities that they would not otherwise have. Assignments and the like should therefore not be under-sold by AGS members. Further guidance on the assignment of reports can be found in AGS LPA 45. The full judgment can be found at: http://www. bailii.org/ew/cases/EWHC/TCC/2018/1915. html
Readers are encouraged to read the full Loss Prevention Alert 68, which can be found here. This article, an edited version of Loss Prevention Alert 68 is, of necessity, generic and is not intended to be a complete or comprehensive statement of the law, nor does it constitute legal or specialist advice. It is intended only to highlight issues that may be of interest to AGS members. Neither the writer, nor AGS, assumes any responsibility for any loss which may arise from accessing, or reliance on the material and all liability is disclaimed accordingly. Professional advice should be taken before applying the content of the Alert to particular circumstances.
The LPA, of which this article is an edited version, was prepared by Zita Mansi of BLM in August 2018. Further information and advice is available through the AGS Legal Helpline.
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Q & A with...
Katherine Jones BSc MSc CGeol. FGS RoGEP Professional
Job Title: Senior Geoenvironmental Engineer Company: Dunelm Geotechnical and Environmental Ltd Brief Biography: After graduating from Durham University with a 2:1 Honours degree in Geophysics with Geology, I went on to gain a Masters degree in Geotechnical Engineering from Newcastle University. After initial years based on site, I am now a senior engineer and project manager at Dunelm Geotechnical and Environmental, specialising in geotechnical design. I work on a wide range of project across the country, providing geotechnical support and interpretation. I was the winner of the Cooling Prize in 2014 for a paper I wrote on Lindisfarne Castle; a Rock Mass Stability Assessment.
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What or who inspired you to join the geotechnical industry?
and deep foundation design, At school I was always mining risk assessments, interested in Geography and settlement calculations and Physics/Engineering, so my slope stability assessments. undergraduate degree in I also mentor Geophysics junior My Masters with Geology members seemed the degree of staff natural choice. further fuelled my progressing I wanted to enthusiasm, and I towards combine embarked on a career chartership my love of via our as a geotechnical fieldwork and accredited the outdoors engineer! CGeol with numerical chartership skills, and as I scheme. Encouraging junior learnt about geotechnical members of staff to progress engineering as a possible their careers in our industry career choice, it was a perfect is rewarding, and I enjoy fit for me. My Masters degree further fuelled my enthusiasm, discussing with them the different avenues down which and I embarked on a career as they could go. a geotechnical engineer!
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What does a typical day entail? Every project is different, so every day is different; that’s the best part about being a geotechnical engineer. Much of my day to day time is spent planning and managing geotechnical investigations and undertaking geotechnical designs, including shallow
I also visit schools and universities to talk to the students about the career opportunities within the geology sector, and promote how it can be a challenging, interesting and rewarding career choice. We need keen, motivated students interested in geology to take an interest in our industry, as without them, we would face a skills shortage
Rock mass discontinuity survey at Lindisfarne Castle
in the future.
Are there any projects which you’re particularly proud to have been a part of?
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I was involved in collecting field data on the orientation of the joint sets within the outcrop, which plotted onto stereographic projections. Rock mass failure mechanisms were identified for each side of the outcrop, showing how the outcrop may degrade over time. The joint structure was concluded to be resulting in wedge failure or toppling failure occurring, potentially leading to instability in the castle if untreated, as well as potential health and safety risks for the public using the paths below. Our Rock Mass Stability Assessment was
I was awarded the Cooling Prize in 2014 for a paper I wrote on Lindisfarne Castle; a Rock Mass Stability Assessment.
I was awarded the Cooling Prize in 2014 for a paper I wrote on Lindisfarne Castle; a Rock Mass Stability Assessment. Lindisfarne Castle is a National Trust Property in Northumberland, and an important tourist attraction for the region. This historic landmark was under threat from instability, caused by the degradation of the Whinn Sill dolorite rock outcrop on which it is built.
invaluable in planning the remediation and preservation of the rock mass, and therefore the castle, and I am proud to be involved in the conservation of such a prestigious landmark.
What are the most challenging aspects of your role? No matter how much desk top research has been undertaken, you can never be sure what to expect from the ground conditions on a site until the site investigation has started. There could be an unrecorded backfilled opencast coal mine with no records, or unexpected artesian water. These are the reasons we do ground investigations in the first place, as the developer needs to know about unforeseen ground difficulties before ď Ž November / December 2018
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A mine shaft encountered during an investigation in Newcastle
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We also discuss how the industry as a whole needs to progress, and what standards or guidelines would be useful to develop.
and discussing the findings of each specific Working Group. We also discuss how the industry as a whole needs to progress, and what standards or guidelines would be useful to develop. The AGS also hosts a number of conferences throughout the year, and we focus these to cover the topics and issues the Working Groups have highlighted to be at the forefront of the industry.
What do you enjoy most about being an AGS Member?
finalising designs, however, they can make management of projects difficult, as they affect time scales and equipment needed for a job. The job would not be as interesting if every site investigation found exactly what was anticipated!
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What AGS Working Groups are you a Member of and what are your current focuses? I am currently a member of the AGS Senate, planning the overall running of the AGS,
I enjoy having an input into the progression of the industry as a whole, and giving back to the profession. We need to ensure the industry moves forward, and the AGS provides a platform from where this can happen. The Senate and Working Groups cover the topics at the forefront of the industry, and I enjoy the opportunity to discuss industry wide concerns with peers from other companies.
What do you find beneficial about being an AGS Member? The AGS offers a great range
Planning an appropriate investigation is essential for the success of a project
of guidance The AGS provides This is largely documents, a platform thanks to the which are from which concise and professionals plethora of small up to date within the GI companies that with current industry can do not provide the standards. The share ideas same level of quality AGS guidance and develop or health and safety best practice. documents are accessible We can learn standards as the to read, and larger companies. from common useful for mistakes and engineers at all successes. The levels within our industry. AGS provides a united front acting for the whole industry, AGS data is an invaluable tool providing advice and guidance for sharing and analysing on the topics members feel are results in an accurate and most important. time efficient manner, and has helped bring the industry into The AGS membership the 21st Century. directory is also a valuable tool for potential clients to Why do you feel the AGS is find suitable geotechnical and important to the industry? geoenvironmental specialists.
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What changes would you like to see implemented in the geotechnical industry? The importance of a comprehensive site investigation is sometimes undervalued by clients, with limited budgets allocated compared to overall project value. This can make it difficult to undertake an investigation to best practice current guidance. A general appreciation of the industry as a whole would result in better site investigations, and would allow projects to run more smoothly, and potentially more cost effective overall. The AGS’ work in promoting the industry will hopefully see the imbalance corrected for the future.
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AGS Guide to...
GUIDANCE ON WORKING ON HIGHWAYS & TRUNK ROADS
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oads are a very hazardous working to these hazardous environments. Many environment and require a pedestrians are killed on motorways. The hard commensurate level of training and shoulder is a very hazardous environment and awareness of health and safety. Motorways collisions involving stationary vehicles on the are particularly dangerous hard shoulder are common. for those working on foot Any work being Safe Working because of the high speed of carried out in a road the traffic and the absence of Any work being carried will normally require a any provision for pedestrians, out in a road will normally who in normal circumstances permit. In the case of require a permit. In the case are not allowed on the of motorways and trunk motorways and trunk motorway at all. Geotechnical roads any work will require roads any work will and Geo-environmental permission from Highways require permission Engineers often need to England (or its agent) and from Highways England the police. Other high speed work on roads for walkover surveys, ground investigation (or its agent) and the roads are the responsibility or earthworks repair work of the relevant authority. police. and may routinely be exposed Different safety measures
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shoulder begin to slow. •
Only stop at a location where the vehicle will not encroach onto the carriageway and stop as far to the left, adjacent to the verge as possible. Do not park the vehicle in a ‘fend-on’ or ‘fend-off position’. Leave wheels in line with carriageway.
•
If practicable a 1.2m safety zone should be maintained between the vehicle and the live carriageway. Leave flashing beacons on at all times.
•
Leave the vehicle by the passenger door if possible and ensure all high visibility clothing is worn prior to leaving the vehicle.
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All equipment necessary to complete activities on site should be stored within the vehicle; access to the boot of the car once on the hard shoulder should be avoided.
•
Always work downstream of the vehicle and never work immediately in front of the parked vehicle but allow a distance of between 18m and 50m. Work in pairs as a minimum with one person watching traffic conditions.
will apply depending on the type of work envisaged ...work in a town and the particular road • Never sit in a vehicle centre road will environment in which it is parked on the hard shoulder require a different done. For example, work in a – always stand behind the approach to health and town centre road will require safety barrier. safety compared to that a different approach to health and safety compared to that needed on a motorway. • For work involving extended periods parked on needed on a motorway. Key the hard shoulder be aware points included in good practice of the risk of a flat battery for working on motorways and trunk roads are from continuously running a flashing as follows: beacon. • Prior to stopping, switch on flashing beacon • Always keep as close to the verge as and indicate left approximately 500m in possible when walking on the hard advance of the stopping location. Check shoulder and walk within the verge if mirrors to ensure it is safe to manoeuvre practicable. A minimum clearance of 1.2m and pull on to the hard shoulder 300m between personnel and the nearest live before destination. Once on the hard
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properly planned and set out to the required standards, vehicle incursions are still common on all types of roads. Vehicle incursion of high speed roads are recognised as one of the highest risks to the safety of road workers. More information on this topic can be found on the Highways Safety Hub (http://www. highwayssafetyhub.com/roadworks-vehicleincursions-2018.html) which is maintained by Highways England. lane must be maintained at all times.
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•
Noting that Highways England have worked to eliminate crossing of motorways on foot, if it is essential to cross the road, to access the central reservation for example, then a minimum gap in the traffic of 150m or 3 seconds per lane is required i.e. for a dual carriageway 6 seconds and a gap in the traffic of at least 300m is required. To cross slip roads walk to the junction with the local road network.
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When driving off the hard shoulder accelerate up to the general traffic speed before leaving the hard shoulder. The beacon should not to be switched off until back in the live carriageway and normal speed is resumed.
•
When planning ground investigation on a motorway ideally the rig should be positioned on the verge and in addition there should be a rigid barrier (VarioGuard or similar) between the rig and the live traffic.
•
Boreholes positioned on the hard shoulder with coning and no rigid barrier may represent an unacceptable risk.
Even where traffic management has been
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For working on non-Trunk roads (30mph speed limit or less) similar principles apply. Where possible the vehicle should be parked at a suitable location so as not to disrupt the traffic flow. If this cannot be done the vehicle should have a flashing orange beacon visible through 360 degrees, and a ‘Highways Maintenance’ sign clearly visible from the rear. Vehicle chevrons related to Chapter 8 of the Traffic Signs Manual are not legal requirements in England but are considered best practice, whereas vehicle markings are required in Scotland & Wales. When carrying out visual inspections, surveys or attending in or around a live carriageway the requirements for personal protective equipment (PPE) may vary depending on the situation and the work being undertaken but is likely to include safety footwear, hard hat, high-visibility full length double banded jacket and over-trousers. These jackets should be worn at all times when outside the vehicle unless the risk assessment allows otherwise. In hot weather alternative PPE may be appropriate.
When carrying out visual inspections, surveys or attending in or around a live carriageway the requirements for personal protective equipment (PPE) may vary...
Risk Assessment Before any work is carried out on or around a live carriageway a comprehensive health and safety risk assessment must be completed. As a minimum, this must include the identification
of hazards from: •
All foreseeable hazards and be specific to the activities planned.
•
The address and contact details of the nearest medical facilities.
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The weather, visibility (e.g. fog) and the need for appropriate clothing and protection.
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The Personal Protective Equipment requirements.
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The time of day that the work is to be carried out and the likely traffic hazard.
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Competence requirements of the workforce.
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The requirements and configuration of traffic management.
suitably trained, equipped and be ‘fit for work’. •
Staff responsible for traffic management should have training as recommended by the Department for Transport (2017).
•
Working on roads may require a permit from the local highway authority (see NRSWA 1991). Work on motorways and trunk roads will require permission from the relevant highways agent.
•
Vehicles are not allowed to stop on the motorway hard shoulder other than in an emergency or for authorised work.
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Lane closures require permission from the highway authority and will require coning and signing in accordance with Chapter 8 of the Traffic Signs Manual, Department for Transport (2009)
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Anyone who will be required • The motorway hard Anyone who will to stop their vehicle or shoulder is a very hazardous be required to stop work on a motorway hard location for people and their vehicle or work shoulder or other high speed stationary vehicles. road must have received on a motorway hard • Where boreholes are appropriate training. shoulder or other high essential then the rig should Training must address speed road must have if possible be positioned on specific items relating to this received appropriate the verge with a rigid barrier activity, including working to live traffic. training. in extreme climates, use of personal protective equipment References and procedures for emergencies. For work on 1. The Stationery Office (2001).The Highway Code. www. Highways England assets staff may need to highwaycode.gov.uk. undergo ‘Fit-to-Work Health Screening’ which 2. Department for Transport (2009). Traffic Signs manual includes drug and alcohol testing. Chapter 8 (parts 1-3.)
Summary •
Motorways and trunk roads are particularly hazardous due to the high speed of vehicles.
•
Wherever possible plan work so as to avoid working on live roads.
•
Anyone working on roads should be
3. New Roads and Street Works Act (1991) 4. Department for Transport (2017). Street Works Qualifications in England: Guidance for operatives and supervisors. DfT Circular 02/2016. Although every effort has been made to check the accuracy of the information and validity of the guidance given in this document, neither the members of the Safety Working Group, nor the AGS accept any responsibility for mis-statements contained herein or misunderstanding arising herefrom.
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Standards Update
November 2018
STANDARD BS 10176
RECENTLY PUBLIS SUBJECT / TEST S Methods of test for soils for civil engineering purposes – Part3: Chemical B and electrochemical testing Plasticity Index tests B Bioavailability of metals in soil to humans B Soil quality – Sampling - Strategies B Soil quality – Sampling – Preliminary Investigations N Soil quality – Sampling – Potentially contaminated sites I Soil quality – Sampling – Natural sites etc. I Soil quality – Sampling – Sampling for biological testing B Determination of background values B BRITISH STANDARDS ON SOIL, GROUND SUBJECT / TEST S Sampling soils for determination of VOCs N
BS8485 Amendment
Protection of buildings against ground gas
BS5930 Amendment
Ground investigation
STANDARD BS EN ISO 15175 (REVISION)
SUBJECT / TEST Soil & groundwater protection
BS ISO 15176 (REVISION) BS ISO 15799 (REVISION)
Re-use of excavated soil and soil materials Ecotoxicological characterization of soil & soil materials
B B
ISO 15800 (REVISION) BS EN ISO 16133 (REVISION) BS ISO 18512 (REVISON) ISO 21365
Human exposure Design of monitoring programmes [for soil quality] Guidance on long & short-term storage of samples Conceptual site models for potentially contaminated sites
I B B N
BS EN ISO 25177 (REVISION) STANDARD BS EN ISO 17892-10
Soil quality – Field Soil Description B SELECTED INTERNATIONAL & EUROPEAN “GE SUBJECT / TEST S Shear-box and ring-shear B
BS EN ISO 17892-11
Permeability tests
BS EN ISO 22475-1 (REVISION)
Geotechnical investigation and testing – Sampling of soil, rock and groundwater – Part 1 – Technical principles
STANDARD BS 1377-3: 2018 BS EN ISO 17892-12: 201 BS ISO 17924: 2018 BS ISO 18400-104: 2018 BS ISO 18400-202: 2018 ISO 18400 – 203: 2018 BS ISO 18400-205: 2018 BS ISO 18400-206: 2018 BS EN ISO 19258: 2018
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E
E ISO STANDARDS ON SOIL & SITE S B
B C B
SHED STANDARDS SUPERSEDED/WILL SUPERSEDE BS 1377-3: 1990
STATUS Published
PUBLICATION DATE August 2018
BS1377-2, Clauses 4 and 5 Published BS DD ISO TS 17924:2008 Published BS ISO 10381 Published New standard Published ISO 10381-5:2005 Published ISO 10381-4:2003 Published BS ISO 10381-6 Published BS EN ISO 19258:2011 (ISO 2005) Published D & SITE ASSESSMENT - In preparation SUPERSEDED/WILL SUPERSEDE STATUS New standard Draft for Public Comment expected February 2019 Existing standard Approved for publication, November 2018
July 2018 November 2018 November 2018 November 2018 November 2018 November 2018 November 2018 September 2018
Existing standard E ASSESSMENT - In preparation SUPERSEDED/WILL SUPERSEDE BS EN ISO 15175:2011 (ISO 2004)
2019
Awaiting approval to publish
PUBLICATION DATE 2020 2018
STATUS Final Draft International Standard (FDIS) issued for comment by 22 October BS ISO 15176:2002 Proceeding to publication BS ISO 15799:2003 Draft International Standard – commenting completed end of 2017 ISO 15800:2003 FDIS in preparation BS EN ISO 16133:2011 FDIS issued for comment by 23 October BS ISO 18512:2007 May be revised – decision pending. New Standard Draft International Standard (DIS) issued for comment by 30 November 2018 BS EN ISO 25177: 2011 FDIS being prepared EOTECHNICAL” STANDARDS – In preparation SUPERSEDED/WILL SUPERSEDE STATUS BS1377-7, Clauses 4, 5 and 6 Parallel Enquiry Launched
PUBLICATION DATE 2019
BS1377-5, Clause 5 and BS1377-6, Clause 5 BS EN ISO 22475-1:2006
Parallel Enquiry Launched
2019
Draft International Standard issued for comment by 25 December 2018
2020
2019 2018 2019 2019 2020 2019 2020 PUBLICATION DATE 2019
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Upcoming Events Solutions for the Future of the Geotechnical Industry The British Drilling Association (BDA) is pleased to announce that the date has been set for the next running of its thought-provoking seminars, ‘Solutions for the Future of the Geotechnical Industry.’ ‘Solutions for the Future of the Geotechnical Industry’ will be held on 13th February at Dynamic Earth in Edinburgh. The event will examine how the geotechnical industry is evolving and like the wider construction, the impact new technologies are having and will have on shaping its future. Speakers from Arup; Eijkelkamp/SonicSamp; Epiroc; Bentley Software Systems; and Keynetix have already been lined up with topics being released shortly, but will discuss key issues such as automation, software developments, BS/EC Standards and their impact on major projects North and South of the Scottish border. Registration for the event will be 12.30pm, with speakers from 1pm – 5.30pm with a 30-minute coffee & networking break, followed at 6pm by canapés, drinks & further networking opportunities. Price per person, is only £75.00 + VAT BDA Member Company & £100 + VAT non-BDA Members Up to 14 trade exhibitor spaces are available too priced £200.00 + VAT BDA Member Company £500.00 + VAT non-BDA Members To book online please visit the BDA website http://www.britishdrillingassociation.co.uk/Events or contact the BDA Office - office@britishdrilligassociation.co.uk or 01773 778751
The UK’s Largest Geotechnical Conference & Exhibition Geotechnica 2019 is delighted to announce its first confirmed sponsors for next year’s event. 2019 will see Casagrande UK return as Gold Sponsors, with Silver Sponsors Aquaread becoming sole sponsors of the Main Geotechnical Conference and Robertson-Geo also confirmed as Bronze Sponsors. Registration for Geotechnica 2019 is now open, with exhibition spaces already in high demand. Members of the AGS can claim a 5% discount on their booking total - to claim this discount contact info@geotechnica.co.uk. For full event details or to book your Sponsorship or Exhibition Package, visit the Geotechnica 2019 website: www.geotechnica.co.uk
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Magazine
SiLC Exam Dates Announced for 2019 Registered SiLCs benefit from being part of an industry leading scheme as well as gaining a recognised registration that indicates a high level of standards and experience. In order to become both a SiLC and an SQP, the SiLC Register offers a process of application, subject to suitable chartership or membership of Professional Institutions, open-book exam and interview. Passing this process will qualify the individual as both a SiLC and an SQP. However, applicants have the option of appearing on the register as just a SiLC, just an SQP or both. The 2019 SiLC exam dates are as follows: Exam Round 1 2019 (A) • Deadline for Applications: Monday 18th February 2019 • Written test: Monday 4th March 2019 – Monday 1st April 2019 • Marking: Monday 8th April 2019 – Monday 29th April 2019 • Interviews: Monday 13th May 2019 – Tuesday 28th May 2019 • Results available from the w/c: Monday 17th June 2019 Exam Round 2 2019 (B) • Deadline for Applications: Monday 2nd September 2019 • Written test: Monday 16th September 2019 – Monday 14th October 2019 • Marking: Monday 21st October 2019 – Monday 11th November 2019 • Interviews: Monday 25th November 2019 – Monday 9th December 2019 • Results available from the w/c: Monday 13th January 2020 Further information can be found on the SiLC website: https://www.silc.org.uk/application/
SiLC Annual Forum 2019 Specialists in Land Condition (SiLC) have announced details of their Annual Forum, which is taking place on Wednesday 6th March 2019 at the Royal Society of Chemistry in London. This is a half day seminar which will see over 70 practitioners working in the assessment and management of land condition and brownfield regeneration in attendance. Presentations confirmed to date include a legal update on contaminated land, provided by Robert Biddlecombe (Squire Patton Boggs). There will also be a panel discussion on asbestos, featuring Roger Wiley (ACS Physical Risk Control), Seamus Lefroy-Brooks (LBH Wembley Engineering) and James Macfarlane (Hydrock), amongst others. The panel will be compered by Paul Burden (Ministry of Defence and SiLC Chair). Further speakers will be announced in due course. The event costs £85 for SiLC’s to attend and £105 for non-SiLC’s. Prices exclude VAT. For further information on speakers, sponsorship packages or to receive a booking form, please contact silc@silc.org.uk
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Training Courses New Non Licensed Work Training for Groundworkers CL:AIRE has now extended its asbestos in soils training suite to include Non Licensed Work for Groundworkers. This course has been specifically designed for craft, semi-skilled and unskilled groundworkers working in areas such as earthworks, demolition, civil engineering, site investigation and remediation and whose work is liable to disturb asbestos and/or asbestos containing materials on or in the ground. Prior to attending, all delegates must be able to demonstrate that they have attended and passed an Asbestos Awareness training course. Further details on requirements is available on booking forms. Prices from £221.25 + VAT Three dates currently available: 11th December 2018 All delegates booking NLW training need to have been on an Asbestos Awareness training course within the last 12 months in line with CAR 2012 regulations. If you have not done this requisite training, you may wish to undertake the CL:AIRE Asbestos Awareness for soils elearning training course. Delegate numbers are limited to 12 and include an examination in line with industry guidance. To book a place, please visit. In house training also available, visit CL:AIRE’s Help desk https://www.claire.co.uk/help-desk and specify your requirements.
Revised Training: Specialist Geotechnical Heath and Safety Courses Equipe Training and their health and safety training partners RPA Safety Services are delighted to announce their collection of specialist IOSH health and safety courses for the geotechnical market have been revised and renewed for 2018. These courses are approved and certified by the Institution of Occupational Safety and Health (IOSH) and meet the requirements of UK Health and Safety regulations for working on geotechnical and land drilling sites. Upcoming courses include: • 23rd - 25th January 2019 - IOSH Safe Supervision of Geotechnical Sites • 6th December 2018 - IOSH Working Safely (on Geotechnical Sites) • 17th January 2019 - IOSH Avoiding Danger from Underground Services Places on these courses can be booked online here, or via contacting Equipe on +44 (0)1295 670990 or info@equipegroup.com 40
Magazine
How to become a Member of the AGS
AGS Members all share a commitment to quality in the geotechnical and geoenvironmental industry. This has become widely recognised by clients, governmental bodies and other associations that touch issues to do with the ground. We welcome both companies and individuals who want to be recognised for their quality of practice to join our growing membership of over 130 Members. We shape our industry, continually improve practice and collaborate on issues that affect us all; from clients, all the way through to the people who use the land and the buildings we help develop. To become a Member of the AGS, please visit http://www.ags.org.uk/about/become-a-member and submit your application online. Please note that all membership applications are reviewed by the Membership Committee 6 weeks in advance of each quarterly Senate meeting. The deadline for the next round of completed applications is 3rd January 2019.
AGS Chemical and Legal Helplines All Members of the Association of Geotechnical and Geoenvironmental Specialists are entitled to free chemical and contractual advice through the use of Loss Prevention Committee Members, Marquis & Lord and BLM Solicitors. For advice on chemical safety and best practice, Marquis & Lord will provide 30 minutes of free advice to all AGS Members. Additionally, if you’re an AGS Member and are looking for legal advice, please speak to Michael Salau, Guy Lane or Zita Mansi at BLM Solicitors where the first 15 minutes of legal advice will be free of charge. CHEMICAL SAFETY HELPLINE
LEGAL HELPLINE
Marquis & Lord Tel: 0800 083 4610 www.marquisandlord.com
BLM Solicitors Telephone: 020 7638 2811 www.blmlaw.com
Disclaimer The articles included in this magazine are the opinions of the authors and are not intended to be a complete or comprehensive statement of the law, nor do they constitute legal or specialist advice. They are intended only to highlight current issues from date of publication that may be of interest. Neither the writer, nor the AGS, assumes any responsibility for any loss that may arise from accessing, or reliance on the material and all liability is disclaimed accordingly. Professional advice should be taken before applying the content of the articles to particular circumstances.
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Advertising and Rates An online advertising campaign within the AGS Magazine will help to build and increase industry awareness of your company’s profile, initiatives and offerings. The AGS can help build a package to suit your needs and budget; whether it’s a series of adverts across multiple issues, a combination of event sponsorship and advertising, or a single advertorial. How to Advertise in the AGS Magazine The AGS Magazine is a free email publication which looks at a range of topical issues, insights and concerns, whilst publishing new guidance notes, working group activities and information on upcoming industry seminars. With 6 issues each year, our subscribers include industry professionals such as practitioners, chartered specialists, senior decision makers and managing directors. To receive a media pack or to discuss advertising rates, please contact Caroline Kratz on 0208 658 8212 or email ags@ags.org.uk
Adversiting Requirements
Advert Sizes and Rates
All adverts should be sent in a PDF, PNG, JPEG, TIFF, PSD (Photoshop) or EPS (Illustrator) format.
FULL PAGE W: 210mm H: 297mm RATE: £400 HALF PAGE W: 210mm H: 145mm RATE: £250 QUARTER PAGE
COMPANY NAME ADDRESS CONTACT NUMBER EMAIL
W: 105mm H: 145mm RATE: £160
LOGO
DIRECTORY Company name, address, contact number, email and one logo.
RATE: £50
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All advertising artwork must be supplied in 114 dpi resolution.
Magazine
Artwork must be delivered to the AGS using the agreed artwork specification size listed left. Artwork should be emailed to ags@ags.org. uk no later than 10 days prior to publication.
Directory i2 Analytical Ltd 7 Woodshots Meadow, Croxley Park, Watford, Herts, WD18 8YS +44 (0)1923 225 404 reception@i2analytical.com
ADVERTISE HERE FOR JUST £50
AGS Dates for Your Diary Upcoming AGS Events AGS Annual Conference National Motorcycle Museum in Birmingham Wednesday 3rd April 2019 For more information, contact ags@ags.org.uk
AGS Loss Prevention Seminar One Moorgate Place in London Wednesday 3rd July 2019 For more information, contact ags@ags.org.uk
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