Posted By DW An employee has come to me with a question with regards a second job they have. They have just handed their notice in at their other place of work where there is suspected asbestos materials, could anyone clarify where they stand? They wanted to know if they need to take any documentation from the employer about the materials in case they have been exposed, they beleive that the employer has not managed the materials as a survey has not been carried out. Please could I have your views so I can help answer their query. Regards DW

Posted By Renny Thomson What actions can they take? They do not know that is is asbestos, only suspect... How were they exposed? Were they working with the asbestos? How long were they exposed to it? What was the fibre concentration? Or were they simply in the same room as someting that might be asbestos? The duty to manage asbestos (Reg 4 of the Control of Asbestos at Work Regulations 2002) does not specifically require surveys to be carried out. Indeed in some cases a survey may not even uncover the presence of asbestos as its location would be outside the scope of the survey. However it does require reasonbly practicable measures to control exposure to asbestos fibres. This is not however a reason to remove all traces of asbestos from our buildings. All I would advice your person to do is, if they are concerned about potential exposure, note where and when the incident happened and keep a record themself. You may wish to check your records to ensure this second employment has not resulted in a breack of the Working Time Directive....

Posted By Ron Hunter I don't think whistle-blowing to the authorities is justified in this instance. An (alledged) lack of survey is not an offence or in itself a failure to manage asbestos. Suggest individual retains P45 as proof of employment - just in case.

Posted By Stuart Nagle If the employee 'suspects' there is asbestos in the workplace, surely their duty to the employer is to report it and signify their concern, especially if there are circumstances where they or others may have disturbed the material (asbestos or not).... and this is the advice I would give the person.... The onus would then be on the employer to undertake such actions so as to establish the identity of the material, through a type 2 survey, or to assume that it is asbestos (in line with a type 1 survey) and take the appropriate action to either remove the materials or manage them insitu. For the employee to say nothing, but declare concerns to you, another employer, is I think somewhat deceitful. I wonder what they will be stating to their next employer about you? Stuart

Posted By DW Jason Very true there. I do believe that they have approached their other employer with regards this situation and it does seem to have fallen on deaf ears. Thank you for all of your opinions I will pass them on and hopefully the employee will never have to worry about it. Regards DW