Could your building make you liable to an asbestos claim?
Asbestos is a highly dangerous substance, and while its use has been banned for many years now, there are still many buildings that contain the fibres. Since 2006, the default position is that the people in charge of work premises are responsible for finding out whether there is a potential asbestos source in those premises, and must begin from an assumption that there is. Anything less may create liability for an employee to make an asbestos claim for compensation.
Who is responsible for checking for asbestos?
This is laid out in detail in the Control of Asbestos Regulations 2006. The general idea is that it is the person or organisation that is responsible for the maintenance of the premises, which may well be laid out in any contracts between the owner of the building and any tenants or leaseholders. It goes without saying that it is good to check this contract.
If you have a duty to check for asbestos, you must do so, and record the location and condition of any asbestos found. Once this is done, a risk-assessment must be performed and plans made to protect anyone from being exposed to the potentially carcinogenic fibres.
In the course of fulfilling this duty, you have the right to expect co-operation from anyone whose help you need to comply with this requirement.
The asbestos action plan
There is no one-size-fits-all approach to making an action plan to deal with asbestos fibres being found in a building for which you are responsible. In some cases, it is safer to leave the material in place, as removing it could pose greater risks of exposure and the possibility of being faced with an asbestos claim. The Health and Safety Executive make clear on their website that the aim is not necessarily to remove asbestos, but to protect workers from its dangers.
For help and advice on creating your action plan, HSE provide a helpful leaflet, which can be downloaded at www.hse.gov.uk.
Making an asbestos claim if this duty has not been fulfilled
If you have been exposed to asbestos recently through your employer failing to comply with this regulation, there is some good news in that not every case of exposure leads to illness. However, it is a good idea to record your exposure so you are prepared should you need to make an asbestos claim in future.
If you are suffering with asbestos-related symptoms now, your exposure to asbestos almost certainly occurred before 2006. Even so, if that exposure happened in the course of your work, you are likely to be able to make an asbestos claim against that employer or their insurer.
Our asbestos claim advisors are ready to help you discover if your case entitles you to make a no win, no fee claim for compensation. Whether you speak to us by phone on 0800 10 757 95, or by using our call-back form or through our online e-chat facility, we will answer any queries you have and explain the claiming process in plain English.
