Rank: Forum user 
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Upon gaining employment with my new employer an operative approached myself and explained that a year prior to my employment he may of been exposed to asbestos.There is no record of this within our company or the clients but the site was closed after our workmen had completed their works for the removal of asbestos. After several months of questions and answers with the main client, the operative has stated that he no longer wants to pursue this incident( personally i think he is worried the client will somehow get him removed from site).Where do i stand on this now, as the client is involved and i would like to do the right thing for all involved. What is my next course of action ??? Shall i pursue a statement from the operative involved which can then be presented to the client for him to read then hopefully accept liability. HELP!!
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Rank: Super forum user 
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You state "the site was closed after our workmen had completed their works for the removal of asbestos".
Were your involved in the removal of asbestos-containing materials then?
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Rank: Forum user
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Sorry Ron, the site was closed after our works had been completed. We are involved in electrical installation.
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Rank: Forum user
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Hi Lee,
If your colleague hasn't seen fit to report it until now, then the incident - let alone liability - will be difficult to prove. The client won't accept liability as your colleague hasn't reported it. Your company should be able to prove that the individual involved has been required to report such incidents; given that he has not the defence of this allegation should be fairly easy.
However if it is decided to investigate this incident, you will want to establish is the nature and duration of the alleged exposure. Did your colleague carry out any invasive or destructive works which disturbed the asbestos containing material?
Can it be established exactly where he was working when he was exposed? And does the available information confirm the presence of ACMs in this location?
I wouldn't get too hung up on what to do next. If the IP is only reporting an alleged incident - convenient now that the hazardous agent has been removed - over a year after it occurred then there will be a limit to what you can do.
A
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Rank: Super forum user
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You need to establish things in a very strict order. Has the person concerned stated that he believes he is suffering from any side effect from the aledged exposure, if so seek medical assistance as soon as possible. Forget about who was to blaim, that will come later if there is a problem. Don't get involved in the blame thing deal with the person first. If indeed he has contracted a health problem you can look at the possibility of what information you were provided with from the principle contractor as to the risk from asbestos, did they tell you anything about the posibility of it beong present? Did you look at the possibility? Was a risk assessment undertaken? Was a licenced contractor used to check the site out? There are many questions you will need to get answers for, but, firstly check the health of the person involved.
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Rank: Forum user
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Bob, there's no need to panic the man.
The person involved won't be showing any signs of ill health if the exposure only happened a year or two ago. Asbestos related diseases have a latency period of at least 15 years.
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