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BDA DRILLER ACCREDITATION - THE FACTS EXPLAINED The majority of specifiers have heard of the British Drilling Association's (BDA) driller accreditation scheme, and many include it as a requirement for contractual work. But is it fully understood? The answer, unfortunately, is no. A recent survey conducted by the BDA amongst AGS members established that while 50% of the respondents always use accreditation, the remaining half who sometimes apply it were not totally convinced of its value or operation. It's time to clarify the details and remove some of the misconceptions that exist. Established in 1990, the Driller Accreditation Scheme is managed and controlled by the BDA on a daily basis through its full time staff and its Management Committees. Every year sees an increase in the total of accredited drillers which now stands at over 370. The BDA, with over 160 corporate members, considers the scheme as a major contribution to site competence and safety. Does it apply to all drilling? It is for ground investigation only and divided into cable percussion; rotary and pendant categories. Later this year geotechnical processes will be included. Company or Individuals? A driller is the only holder of accreditation. It is an individual competence award and not transferable. The BDA does not accredit companies. How is it achieved? On initial application and payment of fees, the applicant is visited on site by a BDA qualified assessor and has to demonstrate his proficiency while drilling and sampling. In addition he must satisfy the assessor that his rig and equipment are safe, and that he is aware and understands safety and site regulations. A minimum pass mark is required. If he passes, a certificate and photo ID card are issued. How long does accreditation last? Is it policed? Each year the driller or his company pays a renewal fee. The driller must make himself available for an on site audit by a BDA assessor not later than 18 months from his last audit. The BDA monitors this and, through its team of assessors, actively carries out these audits. A driller without undergoing an audit, paying his annual renewal or failing an audit will lose his accreditation. Assessors also carry out spot checks. How can I check whether a driller is currently accredited? An accredited driller has a photo ID card which you should ask for. See example below. In addition a list of current accredited drillers is published 3 times a year in the BDA Newsletter distributed in BDA members' copy of 'Geodrilling International'. A fax to the BDA office on 01327 264623 will also establish validity. Why should I specify accreditation?
For further details please contact Brian Stringer at the BDA
AGS Format Third Edition available free on web site Members will be pleased to know that the Data Transfer working group has completed its review of the AGS electronic data transfer format, which has resulted in the publication of the Third Edition. This edition has built on the success of the previous one without any fundamental changes. Instead, the working group has looked to expand the format to meet the developing needs of our industry. In particular, it has expanded the coverage of chemical contaminants and increased the flexibility to extend the range. It also now includes provision to attach associated files such as plans, drawings and digital photographs. In a major departure from previous policy, this edition has been made freely available on the AGS web site (www.ags.org.uk). This should allow even wider access and uptake. Users are encouraged, however, to pay a "shareware" level registration fee. As a "shareware" registered user you organisation will be listed on the web site. The AGS would like to extend the use of the electronic format throughout the design and construction process. Therefore, in association with the release of the Third Edition the AGS would like to encourage data producers to indicate on their paper report sheets that the data can be made available electronically in AGS format. The current thought is that a small logo can be added as a footnote to current report sheets. More about this initiative will appear in the next newsletter. Rodney Hutchison. The End of Collaterall Warranties? Collateral warranties have long been part of the documentation for construction and engineering projects. They are provided by sub-contractors and professionals to, for example, tenants, employers and funders, who are not party to those particular sub-contracts or professional appointments. The use of collateral warranties arose because of the rule that only a party who is party to a contract can enforce that contract. Even if the contract is made with the express purpose of giving benefit to someone who is not party to it, that party has no right to claim for breach of the contract. All that is about to change, however. The Contracts (Right of Third Parties) Bill, which is due to come into force later this year, will allow third parties to enforce contractual terms which are for their benefit. These changes have been described as having the most significant impact on contract law in the past 30 years and as having an even greater impact on the construction industry than the Construction Act. It follows that sub-contracts and professional appointments may provide benefits to those third parties who previously had to be provided with warranties. In order to have these rights, the contract will have to provide for them, identifying the third party by name, class or description, although the third party need not be in existence when the contract is entered into. Once this right has been given to the third party, the parties to the contract may only cancel and vary it if the third party consents, subject always to the express terms of the contract. These changes also provide for circumstances in which defences, set-offs and counterclaims may be raised in proceedings brought by third parties. Furthermore, they will clearly have a significant impact upon any construction and engineering project. Quite apart from affecting collateral warranties, these changes will also allow sub-contractors to be paid directly by employers. Agreements of this nature will have to be considered carefully given that the employer may specifically agree with the contractor that he can raise against the sub-contractor any matter which would give him a defence or set-off to a claim by the contractor. Such a provision could dilute what appears to be a strong contractual advantage on the part of the sub-contractor. Reproduced from Risk Management News, Spring 1999 - Lambert Fenchurch
Ground Engineering would like to run a short piece in every issue to highlight the consequences of inadequate Site Investigation. The feature will be called 'Cautionary Tales' Have you got a case history to contribute? This is to be a no names - no blame spotlight on the problem (300 words). It will provide an ongoing opportunity to highlight the need for the AGS Code of Conduct in Site Investigation - and will strengthen the impact of the AGS Guidelines for Good SI Practice. Members are asked to support it. Contact Dianne Jennings (AGS) or Waste Management Licensing and Contaminated Land There are certain situations where Waste Management Licensing Regulations apply to the redevelopment of contaminated land. As a result of the concerns that have been expressed by AGS members regarding the uncertainties that have existed over this matter, Roger Clark and Peter Witherington of the AGS Contaminated Land Group recently had discussions with Alwyn Jones and John Galvin of the Environment Agency who have been given the brief to establish the Agency position. The Agency policy is that contaminated soils are waste if they are required to be treated or disposed of, regardless of how the contaminants were introduced into the soil. Thus, the extent to which the contaminated soil is considered to be waste will depend on the degree of contamination. The criterion is 'suitable for use'. The activities which involve treating or disposing of contaminated soils are required to be controlled by a Waste Management Licence under Part II of the Environmental Protection Act 1990 unless they are specifically excluded by Regulation 16 or exempted by Regulation 17 of the Waste Management Licensing Regulations 1994. There are two types of Waste Management Licence that may apply. These are a Site Licence and a Mobile Plant Licence which applies to mobile plant for specified activities, one of which is the 'treatment of waste soil'. SITE LICENCE The situations where a Site Licence is or is not required are as follows: Excavation and off-site disposal: A licence is not required on the development site. The licence is held by the receiving waste disposal facility. Excavation and on-site disposal: Where excavated material is disposed of on site using special engineering precautions, such as containment or covering, this is comparable to a landfill situation and requires a Site Licence. Regrading: Where material is moved around the site without the need for engineering precautions there is no need for a Site Licence. This includes situations where material which is not suitable for gardens is moved to an amenity area without the need for engineering precautions, which generally means without the need for a containment or a cover, provided that the reason for moving the soil is part of the design of the development and not simply a device to dispose of them. In this situation the materials have remained within the "chain of utility" and have not become waste. If the materials are not waste, there is no need to apply for the registration of an exemption. Where the restoration of old landfills (eg reprofiling, excavation of vent trenches, etc) is being carried out, there may be a need for a Site Licence on the basis that the material is already waste. This will have to be dealt with on a case by case basis. Cover systems and in-ground barriers: The construction of cover systems and in-ground barriers themselves are not normally waste disposal operations and do not require a Site Licence. MOBILE PLANT LICENCE A Mobile Plant Licence is issued to the operator of a soil treatment process, eg bioremediation, soils washing, soil venting, etc, by the Agency office in whose area the operator of the plant has their principal place of business. The application for a Mobile Plant Licence must be accompanied by a Working Plan giving details of the application of the process. The licence moves from site to site with the equipment. A separate licence is required for each set of equipment that is in use at any one time. A Mobile Plant Licence is only required for a treatment process. For example, the installation of a passive containment wall around contaminated ground does not require a Mobile Plant Licence but an active treatment wall (ie one that reacts with the contaminants) does. In some cases a Mobile Plant Licence may be required for a treatment and in addition the redeposit or permanent storage of contamination may require a Site Licence. In this situation the Agency are adopting an Enforcement Position in that they will not usually take enforcement action for the failure to have a Site Licence in cases where the activities do not pose a risk to the Environment and are carried out in accordance with a Mobile Plant Licence. An example would be the introduction of clay slurries into the ground in order to treat soils which result in their permanent storage at the site. Recovered product which is removed from the site does not require a licence. Likewise treated water which is discharged into the ground or a sewer under a discharge consent does not require a Site Licence. A Mobile Plant Licence applies to the treatment of soil not water. Pump and treat, therefore, does not require a Mobile Plant Licence provided that there is a Discharge Consent in force where one is required. If there is a mixture of treatment of soil and water by a particular process, this is deemed to be treatment of soil and a Mobile Plant Licence is required. The question of emissions to air from a treatment process has not yet been clarified. Where treatment is to be carried out by a contractor with a Mobile Plant Licence, there is still the need for an addendum to the Working Plan to be prepared which is specific to the site to be treated. This addendum has to be submitted to the local Agency office who are required to respond within 21 days. The addendum has to be agreed in writing by the Agency prior to the commencement of remediation works. The addendum must cover the site-specific aspects of the application of the treatment process not detailed in the generic Working Plan and any planning issues not already covered by the Planning Permission for the development site. If the output from a treatment process is a material that still requires engineering measures (eg cover or containment) for it to be redeposited on site then a Site Licence is required as well as a Mobile Plant Licence. GENERAL Waste Management Licensing Regulations exemptions apply to both Site Licences and Mobile Plant Licences.. The Agency have stated that they wish to encourage remediation of contaminated soils where it is the best environmental option. They are liaising with Government and industry on the long term appropriate controls of remediation technologies. In the interim, the Agency has adopted a Policy and Enforcement Position as outlined above. Members should discuss proposals with Agency staff at the earliest opportunity. The Agency have issued Guidance Notes (in the form of two double sided A4 leaflets) on Waste Management Licensing as it applies to contaminated land. Photocopies can be obtained from Dianne Jennings at AGS or originals from the Agency. The above newsletter article, although based on the Agency leaflets, has been prepared for information only and for those who are dealing with contaminated land reference should be made to the Agency Guidance Notes and the Regulations themselves. R G CLARK Bentonite threat from proposed EC Directive A last minute lobbying effort has succeeded in averting the threat of a bentonite ban which could have had a profound influence on site investigation and on the geotechnical industry in Europe. The proposed 'EC Framework Directive in the Field of Water Policy' (COM 92) is intended to consolidate a number of existing directives in this area. On first reading it appears to be a laudable attempt to establish good water quality standards and protect groundwater. However, hidden in Appendix 8 is the seemingly innocuous ban on the introduction into groundwater of a number of substances, including 'materials in suspension'. Detailed papers by the ICE and the European Federation of Foundation Contractors (EFFC) highlighted the potential effect on the construction industry. A somewhat lively few weeks followed in the EFFC office, as news of the Directive spread and groups from tunnellers to SI contractors, from bentonite suppliers to foundation specialists became aware of the threat. The German Construction industry reacted with particular alarm and pointed out that the prestige developments in Berlin (where the water table is only a few feet below the surface) are only possible through the use of bentonite. The UK Site Investigation Industry expressed bemusement at the possibility that the use of bentonite to protect the migration of pollutants into underlying aquifers might be banned by a Directive intended to protect the environment. Happily, with the help of FIEC - and the numerous contacts which were made during the campaign, the Commission, COREPER and Parliament were persuaded to introduce a new amendment:
'Members States may authorise, specifying the conditions for, construction, civil engineering and building works and similar activities on or in the ground which come into contact with groundwater - For these purposes, Member States may determine that such activities are to be treated as having been authorised provided they are conducted in accordance with general binding rules developed by the Member States in respect of such activities'. When the Eurospeak in this statement is untangled, it appears that that each Member State will have the option to introduce an exception for construction activities into their national regulations when the Directive is transposed into law. It remains possible, however, that under certain circumstances (which will vary from country to country) specific permission might be required on a project by project basis (eg in areas of sensitive or protected groundwater). The Directive should have its second reading in the European Parliament in the autumn - and further lobbying may be needed in the future when implementation takes place in the UK. Members might also like to tuck away somewhere, the thought that in the future when working in another European country it may be necessary to check the regulations to see if specific permission is needed before bentonite or grout are used.
The Forgotten Contaminant - Explosive Ordinance The potential risk of unexploded ordnance on construction sites has come to the fore on a number of high profile projects in recent years. As the site investigation is generally the first occasion when the soils are bored or excavated the need for a survey by an experienced Explosive Ordnance Disposal (EOD) company is particularly important at this stage. A number of specialist companies have been established to provide these services in the UK. One such company that specialises in EOD is BACTEC International Ltd. The company was established in 1991 and was initially involved in the clearance of unexploded ordnance in post conflict environments of the period, such as Angola and Kuwait. At the same time the Company was also employed in the UK on a number of contracts to clear MOD land that was planned for disposal to the private sector. Their expertise covers both onshore and marine surveys. Within the last five years, the demand for ordnance disposal services from the construction industry and private sector has increased. To meet this demand BACTEC has developed a close relationship with site investigation companies, Consulting Engineers and contracting organisations to reduce the threat of unexploded ordnance during engineering works. BACTEC has developed a full range of services for the construction industry including ordnance threat assessments, risk analysis, survey methods, and explosive contamination testing methods for soils and structures. The search for buried ordnance is carried out using either non-intrusive or intrusive investigation methods. Sensors utilising various parts of the EM spectrum are employed to locate discrete metallic objects that are commensurate with that of a buried bomb. Whilst these methods have the advantage of speed and reduced costs, on most Brownfield sites the near-surface magnetic 'contamination' masks the accurate location of deeper buried items. To counter this effect, a technique was developed with a site investigation specialist., to provide intrusive surveys on Brownfield sites. This involves the sinking of a magnetometer linked to a data-logger and depth encoder into the ground, which ensures an effective and reliable method of looking for buried metallic items. The sensor is mounted in a Cone Penetrometer vehicle, with real-time resistance and magnetic field strength readings providing a high degree of safety when pushing the sensor into the ground. The system (known as DCM) can be employed to search an area or specific pile locations, to any depth, on land or over water and has been employed on a number of high profile construction sites where the system has identified buried unexploded ordnance. A very recent example is that of a site in London Docklands where, after an initial desktop study and threat assessment, the DCM has been employed close to where a number of small items of ordnance and a 50 Kg German bomb have been uncovered (see photo). Forward planning of construction projects should include the potential threat of buried ordnance resulting from various periods of conflict and BACTEC are pleased to be in the front line when it comes to dealing with potential ordnance problems. For more details of the services that BACTEC provide to the construction industry contact George Anderson on 01634 296757. Rigs do not meet PUWER requirements, says HSE In a recent meeting with practitioners in the drilling and piling industries, HSE Inspector, Brian Brunswick, gave clear warning that the HSE would take action to ensure that rigs comply with the requirements of the 'Provision and Use of Work Equipment Regulations'. According to Mr Brunswick, existing regulations already require that all moving parts should be guarded and although a short period of amnesty will be granted to permit the industry to put its house in order - the HSE will rigorously enforce the requirement. Piling contractors were also warned that urgent action must be taken to prevent spoil from travelling up CFA augers. FPS Members, who had already acknowledged the need to develop auger cleaners which would work in all ground types, welcomed the initiative in so far as it would establish a level playing field in which all players would have to invest in the necessary plant. On a practical level however, piling contractors agree that no cleaner exists at present that will perform satisfactorily on all sites and with all rigs. A recent brainstorming session at which contractors, manufacturers and the HSE were present, examined a number of ideas before adjourning so that systematic testing of existing cleaners could be undertaken. Both the BDA and the FPS have established working groups to address the problem and the BDA will be holding meetings of its Members (one in the north and one in the south) on 28 July (Abingdon) and 4th August (Sheffield). For further information contact the BDA (Tel: 01327 264622) or the FPS (0181 663 0947). CLAIRE (Contaminated Land: Applications in Real Environments) A new public private partnership, CLAIRE, will work closely with site owners, technology vendors and researchers to establish a network of test sites which will broadly represent the main types of contaminated sites that occur across the UK. The new company will co-ordinate demonstrations of new remedial and innovative technologies on these sites, which may be full-scale technology demonstrations or small-scale field trials to allow researchers to develop their new technologies. CLAIRE will collate and disseminate the project outcomes. Paul Beck has been appointed Chief Executive. He brings 24 years experience in the fields of geology and hydrogeology and has been involved in the characterisation of subsurface materials and the assessment of environmental conditions, particularly as they relate to contaminated land. He has previously held the position of Co-ordinator of Groundwater Quality for the Ontario Ministry of the Environment and has written a number of technicial papers. CLAIRE's members comprise SAGTA, the Environment Agency, the Department of Environment Northern Ireland; Scottish Environment Protection Agency; Urban Regeneration Agency (English Partnerships) and the Welsh Development Agency. CLAIRE can be contacted at 29 Bressenden Place, London SW1E 5DZ Tel: 0171 316 6269; Fax: 0171 316 6141 www.claire.co.uk Value of Geotechnics in Construction The proceedings of the highly successful AGS seminar in November last year are available in a softcover format. A limited number of copies are still available. The Seminar attracted a large number of papers - a very small number of which were presented at the Seminar. This represents the largest collection of case histories and reviews gathered together specifically to demonstrate how good geotechnics can add value to a project and save costs from the outset. Geotechnical Consultants and Contractors should familiarise themselves with its contents and draw the attention of enlightened clients to the potential cost savings that can flow from the procurement of good site investigation to innovative design. Contact the AGS for an order form or purchase on-line: Cost £50 per copy. |
