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Duty Holder / Owner's Asbestos Responsibilities
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Posted By Adrian_Suarez Whilst reading the HSE Guidance INDG 368 - Use of Contractors,I came accross a case where a client was prosecuted for failing to provide information to a contractor regarding asbestos conatining ceiling tiles. Does anyone know if this is a real Case Study. If not does anyone know of any cases where a Client or builidng owner has been prosecuted for not carrying out an asbestots survey or for not providing information to his cointractors.
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Posted By Bob Youel
Note: in addition to HSE enforcement the EA enforce and their way is simpler - 'the producer pays'- the producer can be a private person and/or a business so asbestos needs to be managed irrespective of which law nor the circumstances it is found in
there are cases of private people being prosecuted re asbestos re their own land and undertaking their own construction works i.e. building their own extension and disposing of asbestos improperly on their own land
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Posted By andrew morris Not entirely sure if this will answer your question, but there are several responsibilities -
building owner/occupier - has responsibility to ensure that they manage the risks to any person liable to disturb asbestos. These people include contractors, even asbestos removal specialists.
A premises owner must make sure they tell any person working in a building if they are working near or on asbestos. This is normally done by having a column on the visitors book and requiring people to read the asbestos register when they sign in. At the commisioning stage of the works the H&S officer or manager of the company should also review whether the works are liable to disturb asbestos and if so put adequate measures in place.
I am aware of companies, landlords and contractors companies being prosecuted for failing to inform & not taking suitable and suffcient measures to control the risk.
As a footnote, unintential disturbance of asbestos by anyone, may, if it is significant enough, lead to the closure of the building by the EA. And this has been done. Means you all have to get out and stay out until the building has been wiped clean with wet wipes.
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Posted By andrew morris Oh yes, not undertaking a survey - unlikely to be prosecuted straight away unless there are mitigating circumstances - such as heavily damaged or disturbed asbestos. More likely to receive an improvement notice. Depends on the circumstances and history
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Posted By Dave Wilson Look on the HSE prosecutions and notices data base and you will find a few!
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