Survey

Sylvia made this Freedom of Information request to Transport for London

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Dear Transport for London,

With regards to Moorgate underground station, from January 2015 to date have any asbestos surveys performed at the station identified any breaches of asbestos regulations? I.e. has it identified cases where after investigation it was found by TFL that asbestos material has been worked on without the proper precautions leaving the material in a dangerous state or where the material was removed entirely without any precautions.

If yes, what was the month and year of discovery per the survey?

If yes, was this reported to the regulating authorities.

Yours faithfully,

Sylvia

FOI, Transport for London

Dear Sylvia,

Thank you for your request for information.

In order for us to process your request we legally require your full name.

Please send us your surname if you would like us to proceed with your request.

Yours sincerely

Melissa Nichols
FOI Case Officer

Transport for London

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Dear FOI,

My full name is Sylvia Oppong

Yours sincerely,

Sylvia

Dear FOI,

The surname is Oppong

Yours sincerely,

Sylvia oppong

FOI, Transport for London

Dear Ms Oppong

TfL Ref: FOI-1602-2122

Thank you for your request received by Transport for London (TfL) on 22 October 2021 asking for information about asbestos surveys.

Your request will be processed in accordance with the requirements of the Freedom of Information Act and our information access policy.

A response will be sent to you by 18 November 2021. We publish a substantial range of information on our website on subjects including operational performance, contracts, expenditure, journey data, governance and our financial performance. This includes data which is frequently asked for in FOI requests or other public queries. Please check http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

We will publish anonymised versions of requests and responses on the www.tfl.gov.uk website. We will not publish your name and we will send a copy of the response to you before it is published on our website.

In the meantime, if you would like to discuss this matter further, please do not hesitate to contact me.

Yours sincerely

Melissa Nichols
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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FOI, Transport for London

1 Attachment

Dear Ms Oppong

 

Our ref: FOI-1602-2122

 

Thank you for your request received by Transport for London (TfL) on 22
October 2021 asking for information about asbestos.

 

Your request has been considered under the requirements of the
Environmental Information Regulations (EIRs) and our information access
policy. I can confirm that we do hold the information you require. You
asked:

 

With regards to Moorgate underground station, from January 2015 to date
have any asbestos surveys performed at the station identified any breaches
of asbestos regulations? I.e. has it identified cases where after
investigation it was found by TFL that asbestos material has been worked
on without the proper precautions leaving the material in a dangerous
state or where the material was removed entirely without any precautions.

 

If yes, what was the month and year of discovery per the survey?

 

If yes, was this reported to the regulating authorities.

 

There were 2 minor incidents relating to disturbance of asbestos material
at Moorgate during construction works in 2017.

The circumstances of the incident on 4 March 2017 were that the presence
of asbestos could not have been foreseen, and once discovered all
necessary actions were taken, including removal by a licensed contractor. 
Airborne fibre analysis indicated no fibre counts above the clearance
level, so any risk to health would be negligible.  There was no
requirement to report this to health and safety Enforcing Authorities.

 

The circumstances of the incident on 2 June 2017 indicate that the
presence of asbestos could have been identified beforehand from an
existing survey.  The method of work would have significantly controlled
any fibre release due to damping to prevent dust. Once asbestos was
identified work stopped and all necessary actions were taken to seal the
material to prevent fibre release.  The Health & Safety Executive were
notified of the removal works that were carried out in a controlled
method.  

 

If you are not satisfied with this response please see the attached
information sheet for details of your right to appeal.

 

Yours sincerely

 

Melissa Nichols

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

 

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Dear FOI,

Regarding the incident on 2 June 2017
(i) why was the station not closed (ii) was airborne fibre analysis performed, if not why and (iii) What time did this incident occur?

Also per TfL Ref: EIR-2333-2021
Your colleague states that "There has been no such breach of health and safety with regards to asbestos at London Underground’s Moorgate station since January 2015 to current during refurbishment or any other work".

Why is there a discrepancy between this statement and the information you have submitted.

Yours sincerely,

Sylvia

Dear Transport for London,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Transport for London's handling of my FOI request 'Survey'.

Dear FOI,

Per TfL Ref: EIR-2333-2021:
The reviewer states that "There has been no such breach of health and safety with regards to asbestos at London Underground’s Moorgate station since January 2015 to current during refurbishment or any other work".

Why is there a conflict between this statement and the information submitted in this response: https://www.whatdotheyknow.com/request/s...
In the above link your colleague clearly identifies two "minor breaches". This clearly contradicts EIR-2333-2021.

In addition, regarding the incident on 2 June 2017 (per FOI request "Survey") The reviewer explains what happened with the breach but provides no information on why this was determined to be a "minor" incident. To help me understand this I would like to know:

(i) why was station not temporarily closed when the incident was discovered.
(ii) was airborne fibre analysis performed and what was the result.
(iii) What time did this incident occur if known.
(iv) was the location of this incident close to an area(s) accessible by the public; and
(iv) Even though this is classed as a "minor" incident why wasn’t this reported to HSE as breach given that your colleague admits that TFL should have known about the presence of asbestos before work was conducted and clearly the person working on this material was likely exposed?

I look forward to your response and if there is any other information which i have not touched on above which is important to this case please include in your reply.

Yours faithfully,

Sylvia Oppong

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.whatdotheyknow.com/request/su...

Yours faithfully,

Sylvia

FOI, Transport for London

Dear Sylvia

 

Our ref: FOI-1906-2122/GH

 

Thank you for your request received by Transport for London (TfL) on 18
November 2021 asking for information about Moorgate station.

 

Your request will be considered in accordance with the Environmental
Information Regulations and our information access policy, and we will
issue you with a response by 16 December 2021. We publish a substantial
range of information on our website on subjects including operational
performance, contracts, expenditure, journey data, governance and our
financial performance. This includes data which is frequently asked for in
FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

We will publish anonymised versions of requests and responses on the
[2]www.tfl.gov.uk website. We will not publish your name and we will send
a copy of the response to you before it is published on our website.

 

Yours sincerely

 

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

 

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FOI, Transport for London

1 Attachment

Dear Sylvia

 

Our ref: FOI-1906-2122/GH

 

Thank you for your requests received by Transport for London (TfL) on 18
and 21 November 2021 asking for information about Moorgate station.

 

Your requests have been considered under the requirements of the
Environmental Information Regulations (EIRs) and our information access
policy.

 

Unfortunately because of their complexity, we will be unable to resolve
your requests within the initial statutory 20 working day deadline.

 

To enable us to fully consider your request, in accordance with the EIRs
we have had to extend the deadline for providing a response to 40 working
days from the date we received your request. The amended date for a final
response is now 18 January 2022. We are working hard to ensure that you
receive a response before this date. 

 

I apologise for the delay and any inconvenience this may cause you. If you
have any queries or would like to discuss your request, please feel free
to contact me.   

 

If you are not satisfied with this response, please read the attached
help-sheet entitled ‘Your Right to Appeal.’

 

 

Yours sincerely

 

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

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Dear FOI,

What is so complex about the questions that i asked that it is now going to take another month to get a response.

It sounds to me that you are kicking this request down the road because you don't have the resources or worse there is some gross negligence by TFL which you guys are now trying to cover up or downplay. I sincerely hope its not the latter because i am already in communications with HSE regarding this case.

Yours sincerely,

Sylvia

FOI, Transport for London

1 Attachment

Dear Sylvia Oppong

 

Our ref: FOI-1906-2122/GH

 

Thank you for your requests received by Transport for London (TfL) on 18
and 21 November 2021 asking for information about Moorgate station.

 

Your request has been considered under the requirements of the
Environmental Information Regulations and our information access policy. I
can confirm that we do hold the information you require.

 

(i)              why was the station not closed (ii) was airborne fibre
analysis performed, if not why and (iii) What time did this incident
occur?

 

Moorgate station was not closed because the works in question took place
during the night of 3 June 2017 into the early hours of the morning of 4
June.  Works were stopped at 06.30.  The works were not inside the station
building, but in a small exterior/external area just outside the station,
but still within the boundaries of TfL land.  This area is not accessible
to the public or staff.  The method of work involved spraying the area
being worked on with a water mist, to eliminate dust (concerns had been
about minimising concrete dust).  It was discovered that normal concrete
was covering some pipework ducts.  These ducts were made from asbestos
cement - a cement product with a small proportion of asbestos fibres bound
within the cement.  Some asbestos insulation board was found to be present
but had suffered little disturbance.  The workers had been wearing
filtering face masks (respiratory protective equipment), and this,
combined with the water mist spray, would have eliminated respirable dust
and fibres (of all natures), and prevented the spread through the air.  An
asbestos analyst was engaged.  They confirmed the ducts were asbestos
cement, and the presence of asbestos insulation board, which were all
sprayed with a PVA solution to prevent any further possible fibre
release. We have carried our reasonable searches, but have been unable to
locate any sample reports relating to this incident, and therefore cannot
confirm whether airborne fibre monitoring took place.  

 

Also per TfL Ref: EIR-2333-2021

 

Your colleague states that "There has been no such breach of health and
safety with regards to asbestos at London Underground’s Moorgate station
since January 2015 to current during refurbishment or any other work".

 

Why is there a discrepancy between this statement and the information you
have submitted.

There is no discrepancy in the information provided. The nature of the
incident meant that it did not release sufficient fibres to potentially
constitute a harm to health. Therefore, it was not reportable under the
‘Reporting of Injuries Diseases and Dangerous Occurrences Regulations
(RIDDOR)  2013’. Consequently, this incident is not categorised as a
breach of health and safety regulations.

 

(i)              was the location of this incident close to an area(s)
accessible by the public;

As advised above, this area is not accessible to the public or staff. 

 

(iv) Even though this is classed as a "minor" incident why wasn’t this
reported to HSE as breach given that your colleague admits that TFL should
have known about the presence of asbestos before work was conducted and
clearly the person working on this material was likely exposed?

There was no requirement to report the incident to the Health and Safety
Executive.  The requirement under the Reporting of Injuries Diseases and
Dangerous Occurrences Regulations (RIDDOR)  2013 is to report an escape of
fibres in a quantity sufficient to cause damage to health – which for
reasons stated above was not the case here.

.

If this is not the information you are looking for, please do not hesitate
to contact me.

 

If you are not satisfied with this response please see the attached
information sheet for details of your right to appeal.

 

 

Yours sincerely

 

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

 

TfL RESTRICTED

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Dear Graham,

Thanks for the response, just to confirm the date was 3rd June 2017 (night) into 4th June 2017 (morning) and not 2nd June as previously written by your colleague.

Yours sincerely,

Sylvia

FOI, Transport for London

Dear Sylvia

I can confirm the date was 3rd June 2017 (night) into 4th June 2017 (morning).

Kind regards

Graham Hurt

FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

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