Asbestos compensation news
18/09/2007

Criminal prosecutions for asbestos offences rise

The number of criminal prosecutions over poor asbestos management in the workplace rose in the 2005/6 year, as did the number of asbestos compensation claims made in the UK.

The prosecutions were brought under the Control of Asbestos at Work Regulations which were introduced in 2002. The existing law required companies working in industries which had a high risk of asbestos exposure, such as construction or plumbing, to manage the risk satisfactorily.

However, the 2002 Regulations provided an extension to this and meant that all employers, not just those involved in high risk industries, need to manage the asbestos risk in order to prevent workers suffering from asbestos-related diseases, such as mesothelioma and asbestosis, later in life.

The 2002 Regulations laid down a need for employers to locate and evaluate any asbestos on a premises (presuming that any unknown materials were asbestos), assess the risk to workers, and plan how the company may manage the risk from asbestos in the future.

This law was extended even further in 2006, with the introduction of compulsory training for those who will be coming into contact with asbestos in the course of their work and a reduction in the amount of to asbestos which workers can legally be exposed.

It is hoped that the toughening of these measures will reduce the number of people being exposed to dangerous levels of asbestos in the workplace and cut the number of asbestos compensation claims in the future.

2003-2004 saw just seven cases brought to court under this law, whilst the 2004-2005 period saw this rise slightly to 12. However, the most recent statistics available, for the 2005-2006 year, reveal that 37 criminal prosecutions were made over this period.

A solicitor from leading legal firm RPC commented: "The rapidly increasing number of criminal prosecutions under the 2002 rules more than tripling in just one year is a clear indication that all businesses, not just those in the highest risk industries, need to sit up and take notice of the asbestos issue."

However, the number of criminal prosecutions under the Control of Asbestos at Work Regulations since 2002 pales in comparison with the amount of people being diagnosed with asbestos-related illnesses and who may well be able to make asbestos compensation claims. Currently, around 2,000 people die each year from mesothelioma alone, but this figure is expected to peak between 2011 and 2015.