Cllr John Duffy has submitted further evidence to all Brent councillors and Carolyn Downs, Brent Council Chief Executive Officer in support of his call for an independent investigation.
Dear CEO,
It
appears there has been a misrepresentation of facts by Council Officers and
leading Councillors concerning the Audit Advisory Committee (AAC)
report into the discovery of Asbestos found within Paddington Old
Cemetery and the Deltasimon report . The AAC report is a completely different
report which should have investigate how the Asbestos arrived at the
cemetery and the report is a restricted report ,which the public are not
allowed access to. The Deltasimon report is - an independent report to assess
the level of contamination and this report neither sought or commented on
the legality of council actions to transport contaminated to the
cemetery, or the council actions following the discovery of the Asbestos in
2015.
The AAC
(in-house ) report, is in my opinion, poor and largely irrelevant because of
its failure to interview the work-force (gravediggers /gardeners) most at
risk in the situation. The report also failed to seek important relevant
documents that are clearly available. However the most glaring deficiency
is the fact that the report ends in August 2015 - when the deliberate
transportation of the asbestos to Paddington Cemetery by the council took
place. Most of the major issues raised by the Friends of Paddington Old
Cemetery (FPC) relate to the contravention of health and safety regulations after
the concluding date of the AAC report . These contraventions
took place between 9th May 2017 and 30th November 2017.They were not
addressed in the AAC report and have since been ignored by officers and
senior councillors since.
The issue
the AAC report ignores is, I believe, the most important and fundamental. Namely
- did the council put the workforce and residents at unnecessary risk by
not implementing basic Health and Safety regulations concerning
the Control of Substances Hazardous to Health regulation (COSHH) following
its discovery in Carpenders Park and subsequent transfer to Paddington Old
Cemetery. It is accepted that the
Council officers knowingly delivered contaminated waste and instructed
the workforce to undertake over 90 burials in the contaminated
ground. The Deltasimon report contained within it a quote stating
that the contamination was therefore "deemed to pose a
significant risk to the Brent council contracted grave diggers". Yet
not one Gravediggers /Gardeners who handle the asbestos in Carpenters Park
Depot and worked on the contaminated mound ,were interviewed in the AAC
report.
The fact
is the AAC report missed information than it gathered, because it ended
in August 2015 and ignores the two incidents most concerning local residents
,FPC and some parents .The incidents I refer to took place on the 24th
June 2017* and the 30th November 2017*, after the Asbestos
was discovered on May 9th 2017.
The Perfect Storm
The Council
say continually that the Asbestos was low-risk (albeit they did not know that
when they delivered it to the cemetery) and assert that the simple
presence of asbestos does not represent a risk. They go on to say a risk
is only present if the asbestos is disturbed, at which point fibres become
air-borne and can be inhaled. They also say that the ground is damp
and this hinders the process of fibres becoming airborne. This statement is
generally true. However, the question at hand concerns the way in which the
asbestos was handled/disturbed by the council and the question of
whether government COSHH regulations were followed to safeguard the
workforce, residents and local school.
After the
discovery of the asbestos on May 9th 2017 the council initially took
appropriate steps. They employed Eton Environmental Group
asbestos specialists and a specialist sub contractor to undertake all
the reopening burials. They carried out their task in a professional
fashion, ensuring the area they were working in was protected from the
public and the workforce dressed in protective face masks and disposable
overalls.
However,
on June 24th 2017 (6 weeks after the asbestos was discovered) the council
again instructed work on the mound and bussed workers in from outside of
the cemetery (after - as I understand it - other workers refused to work
on the mound). The new workforce had no knowledge of the asbestos
contamination. They also had no training or protective equipment, masks,
overalls etc, but were instructed to work at the site. The area was not taped
off to prevent members of the public visiting graves there. The workforce
set about their tasks, as instructed, raising potentially hazardous
dust which put themselves and the public at unnecessary risk. I
attach a photo below taken by a resident on the day which I believe
illustrates plumes of hazardous dust and the danger that represents.
The suggestion that the ground was damp enough to hinder the asbestos
fibres becoming air-borne is complete nonsense. On June 24th 2017, the
temperature was between 30 to 32 °C. Three days earlier, Greater London
recorded 34.5 °C - the UK's highest June temperature since 1976. The
ground was completely dry. I believe both the workforce and public were
put at unnecessary risk by the failure of the council to protect them from the
airborne dust created by this work, in what can only be described as the
Perfect (Asbestos) Storm.
Control of Substances Hazardous to Health (COSHH)
I fully
supported the council in employing the specialist contractors, who are both
well known asbestos specialists and understand the COSHH regulations in
regard to asbestos. They professionally re-opened the graves for burials on the
mound and removed the contaminated waste by wheelbarrow from the mound and
placed it to the side of the road by the school garden, where green sheeting
was place on it to remove the risk of any asbestos dust being blown into
the air. Taping was place around the waste to stop people walking on it.
Which would seem reasonably good practice.
However
the employment of the company who removed the
contaminated waste was neither efficient or as safe. It would seem this
company was not on the approved list of Brent Contractors; they are not
asbestos specialists, just a standard waste management /skip hire company. The
operation they undertook certainly does not appear to follow COSHH
regulations. Most importantly, they did not contact the school whose
garden is immediately adjacent to ensure that no children went out during
the operation. Nor did they cordon off the surrounding area to ensure
members of the public did not enter.
The
operation failed to meet even basic standards when dealing with
Hazardous/Contaminated waste. The use of the giant mechanical shovel (see
attached photo) was completely inappropriate and bound to create plumes of
hazardous airborne dust. The area was fully open to public throughout the
operation, the waste was then placed in an open lorry rather than a locked
skip (which is required in COSHH guidelines), and no protective sheeting was
placed on the lorry as it drove off, leaving several pieces of asbestos
(see attached photo) scattered along the path.
No new evidence?
At
Monday's full council meeting The Mayor refused my request for a debate to
appoint an independent investigation. His decision was supported
by Cllr Southwood and Cllr Choudry stating there was no new
evidence for any further investigation. This position is untenable. There is
ample new evidence that was over looked by the AAC report.
Since
that report, officers have received.
(A) The
dates of the incidents on 24th June* and the 30th November* and the
location of the incidents.
(B)
evidence that Workers were bussed in and instructed to work and they
had no protective clothing.
(C)
photographic evidence of airborne dust plumes and that the fact the area was
not taped off from the public.
(D) photographic
evidence showing that the removal of the waste was not carried out within
Health and Safety regulations.
(E) The
temperature on that day - showing that there was an increased
risk contamination because of the dryness of the ground. None of
this issues were even mentioned in the AAC report.
In light
of this, could you please confirm three points:
(1) Could
you confirm that the AAC report is a internal restricted report and the public
will never be allowed to view or reference that report?
(2) Can
you confirm that you are aware the DeltaSimons report states "The
Client (Brent Council) as landowner (and potentially as employer) has a duty
to manage to ensure exposure is kept as low as reasonably practicable;
further, the assessment has identified the potential for exposures to exceed a
level at which has been considered in civil litigation as being a material
contributor to a case of mesothelioma"?
(3) Can
you confirm that since new evidence has now been made known to you -
in paragraphs titled "Perfect
Storm" and "Control of Substances Hazardous to Health
(COSHH)” above - you will commission an Independent Investigation
into the manner in which the council handled issues following the delivery of
the contaminated waste in August 2015 - The independent investigator
should have knowledge of Health and Safety regulations (COSHH) and a remit to
interview all witnesses. The investigator should be agreed by the leader
of the Council (Cllr Butt ) and the leader of the opposition(Cllr
Warren) and a rep from FPC.
Finally If you,
Cllr Southwood and Cllr Butt continue to impede /refuse an independent
investigation, will you please pass on the attached photos to the
Asbestos consultants Deltasimons and ask them if they believe the
actions taken by Brent council on the 24thJune and November 30th
2017 are compatible with the statement in their report highlighted in bold
in Question 2.