Does access and egress constitute a notifiable dangerous occurence and does anybody have any suitable case law that would answer the following scenario? My org works as a subcontractor for a large organisation that leases space for their equipment in third party premises. Landlords have not always provided asbestos surveys and the stance of our client is that the onus is on the subcontractors through asbestos awareness training to request a survey if none is available and invasive work is to be undertaken or there is damage to what may or may not contain asbestos. Apart from contradicting the presumptive approach I find this reactive approach, failing to do a suitable and sufficient risk assessment, share adequate information and putting the onus on the contractor who may have an awareness but no expertise contrary to the ethos of the legislation; even tresspassers have rights! Has anyone else come across this scenario and how do you manage it?

If the access or egress involves the physical disturbance of asbestos containing material thereby resulting in control measures being exceeded then this does constitute a breach, whether it is a notifiable dangerous occurrence, I'm not so sure. RIDDOR refers to a reportable disease (i.e. asbestos related illness). Given the long latency of asbestos related illness it is unlikely to be reportable in the short term unless there are other mitigating factors that consitute it being deemed a dangerous occurrence. The resposibility lies with whoever is deemed the duty holder for the premises. Given your scenario the answer does not seem obvious as to who that may be. Further investigation regarding the leasing agreement for the premises may be required. In any case, asbestos awareness training does not and never should give anyone the right to 'request a survey'. The building or premises must have undergone a survey, occupied or not. This is the law (Reg 4 CAR 2006). Asbestos awareness training merely augments the duty to manage not vice versa.

Thanks for your thoughts folks. Reg 4 says there is a duty to manage, there is not a duty to survey which leaves it still a little woolly.

I am afraid yoiur client is running very close to the wind with the presumptive attitude that the subcontractor takes the risks. If they are renting the space the duty to manage falls directly back onto the as the Person in Control of premises by virtue of lease, rental agreement, contract or other similar mechanisms. You need your directors to start a conversation about this, I can recommend a training provider who does do an Asbestos - The Business Case for Directors if you need it. Whatever if you do take over an area the duty will fall to yourselves if you take full control for any period. The HSE are als becoming increasingly unhappy at requests for "Emergency Work" and forcing the compliance with the 14 days whenever possible. Bob