Executive summary
Date(s) of inspection: March 2024
Aim of inspection
ONR Nominated Site Inspector and Nuclear Site Health and Safety Inspectors are scheduled to visit Dounreay 19 – 21 March 2024 for the purpose of conducting the following intervention:
- Compliance inspection with Construction (Design and Management) Regulations 2015 (CDM 2015) and
- Control of Asbestos Regulations 2012 (CAR 2012) duty to manage asbestos containing materials within maintenance activities
ONR Enforcement Letter ONR-EL-21-044, dated 20 February 2022, identified compliance breaches against Regulation 13(1) of the Construction (Design and Management) Regulations 2015 (CDM). Dounreay has undertaken an independent review of how the site complied with CDM, resulting in the development and implementation of a comprehensive improvement plan to restructure their CDM arrangements, update current procedures and guidance, and roll out implementation and training. A ONR Level 3 Regulatory Issue (RI-10962) was raised to monitor Dounreay’s progress in the delivery of its improvement plan to restructure its CDM compliance arrangements.
The aim of the inspection is to consider Dounreay’s revised site wide CDM arrangements and their implementation on relevant projects / work areas to confirm this has appropriately addressed previously identified shortfalls.
The inspection will also consider duty to manage asbestos in buildings, with particular reference to maintenance activities.
Subject(s) of inspection
- Asbestos (Duty to Manage) - Rating: Not rated
- CDM 15 - Rating: Green
Key findings, inspector's opinions and reasons for judgement made
The Construction (Design and Management) (CDM) Regulations 2015:
The inspection was rated Green with minor improvements required. Dounreay has completed most of the actions on its CDM improvement plan, and the Level 3 Regulatory Issue (RI-10962) can be closed as it will no longer require additional regulatory focus on the delivery of the improvement plan actions. Minor improvements are still required on how Principal Contractor (PC) duties are discharged on Advanced Transition Works (ATW) and Dounreay Cementation Plant (DCP) Store Extension (SE2) projects. Dounreay were provided with advice regarding the legal duty of appointing PC a under CDM regulations, and the client duty to appoint capable PC lies with Dounreay as the client. In accepting the PC appointment, the PC must ensure their duties are effectively discharged.
Asbestos (Duty to Manage):
This was considered within the inspection although was not rated. Dounreay presented their arrangements to meet the Duty to Manage Asbestos (DTM) requirements in Regulation 4 of CAR12 at D1215. This revealed poor management arrangements to manage Asbestos Containing Materials (ACM’s) and potential risk of exposure to workers entering the particular areas because poor condition ACMs remain. No actual exposure to asbestos containing materials was identified. The wider risk assessment and Asbestos Management Plan (AMP) action planning requires some attention. Review of the arrangements highlighted some areas requiring attention. This has given rise to 3 regulatory issues, outlined in RI-12104; RI-12105; RI-12106.
Conclusion
Based on the evidence sampled (ATW project and DCP SE2), I judged that minor improvements are still required on how PC duties are discharged on ATW and DCP SE2 projects, regulatory advice on this matter was given to Dounreay.
I rated this inspection Green with minor improvements required, specifically on control of hazards on a construction site by the contractor and PC.