Hello all.

One of my sites has presented me with a dilemma: A recent survey has found asbestos in a ceiling void (where none was previously identified). A subsequent assessment has determined that in around 2005 (no-one can be exact), that one or two of our own workers and one or two workers from a contractor company, would have been exposed to asbestos fibers during lighting upgrade works. An assessment has shown that the exposures would be reasonably significant and would therefore warrant notification and future medical assessment (Form MS75 etc.)

We have two issues that I am seeking advice on:

1: We have a duty of care to our staff who were exposed at the time (still in our employ) and have taken appropriate action, including with our EL Insurers.

2: We also have a duty of care with regard to the subcontractors. Here we have not yet approached them as we do not know if this is better done with our EL Insurer. There are all the additional complications regarding other potential exposures in their normal line of work - so you can see a can of worms opening here, if this is not managed correctly.

3: Do we have a duty to report this as a RIDDOR incident (or anythng else), given the time of actual exposure was so long ago and has only recently been determined and quantified?

I'll admit to being a bit torn on this one - Point 1 is clear for me. Point 2 I would work with our EL insurers, taking their advice. Point 3 I am tempted to advise not reporting, due to all the uncertainties over the actual exposure and dates.

Any thoughts please anyone?

Regards.

As it depends on the level of exposure, and presuming you dont know what that is, advice is not to report.
Other option is to get independant Asbestos Air Monitoring and act accordingly.

A minefield this asbestos.

Well, the straight nuts and bolts as it were, is that the exposure would certainly have been classified as a "dangerous occurrence" under RIDDOR at the time of the exposure (2005) (out current report has quantified the exposure and number of fibres, finre types etc. that would likely have been produced by the work undertaken at the time).

But the fact that there was an exposure has only just become known to us. So there is an issue over the intervening time. (Lots of issues here, the main one being that we have only recently acquired the company and are finding out what went before.)

Due to the long latency period with asbestos exposure, I am beginning to think that the better course of action would be to report it under RIDDOR, stating all of the facts. This way it would be all out in the open and we can present our actions in mitigation and all of the actions now being taken to address any remaining issues, including commencing medical health surveillance etc. I would not rule out legal action against us but at least we can demonstrate we did the right thing once we knew about it, by way of mitigation.

I think on balance, this is a better option, as not to report the issue may be construed as our trying to "cover up" the exposure, should it later be discovered.

Thanks for the comments thus far.

I would suggest RIDDOR also. your right to bring your insurers into the equation in communications with your subcontractor as there are significant issues of liability to consider.
I would also suggest this matter be brought to the table at your consultation forum. If this is your property then there are presumably other employees in the building who have an interest?
Are you writing to the initial surveyor and making complaint to his accrediting body?
What action is to be taken to allow for future safe maintenance work?

(Just a few starter questions of the kind HSE are likely to ask if they decide to pick up your RIDDOR report).

For the record, I have been involved in similar retrospective RIDDOR of asbestos incidents, but not with such a long intervening timescale!