Rank: Super forum user 
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Dear all
Situation: We have been working in a client building (a large building we maintain). The client have had a building firm come in and carry out some works. It turns out that the building contractor have significantly disturbed ACM. We have been working in this area over a number of weeks and so could have been exposed. An air test has been carried out and is clear, the material has been confirmed as ACM.
Question: Taking into consideration this our company had no idea of this and have not actually put our employee knowingly at risk, what would forum users recommend is the proceeding action.
I am of the mind of completing actions as if it was us carrying out the work and employee being affected but, feel a statement is required from the contractor admitting liability (if possible). I know my explanation of thoughts is limited but this is on purpose to draw the thoughts of overs. All comments welcome and appreciated.
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Rank: Super forum user 
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Do you know the nature of the ACM? This should be recorded in the Register for the premises.
Next steps are somewhat dependent on the friability of the material. If the material is friable then it is possible that significant residual risk remains.
In other respects, your client owes a duty to bring you up to speed with events and details. It is for your client to pursue this other contractor, investigate, record and (if necessary) make a report to HSE.
An air test will have been carried out by a competent person. Do you have a copy? Is there a report attached? You could give that analyst a call.
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Rank: Super forum user 
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Your company have probably failed in their duty as they should know where asbestos is and they should have communications in place to account for 'others' who may also work in that area with their [joint] client so asbestos is covered from all angles
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Rank: Super forum user
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Thanks Ron/Bob
Bob - We have procedures in place, our employee is aware of where asbestos is present. The asbestos was only apparent during the contractors works and seems the client and contractor have failed in terms of completion of asbestos survey etc. I can't see where we have failed. We have not had information passed on to us and was not made aware of what these contractors where up to. These are very large office buildings rather than that of a construction site.
Ron - you advice teeters along the lines of what I was thinking however taking into consideration this client is a local authority, would you be of the mind that the contractor or the client should report this to the HSE?
Thanks
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Rank: Super forum user
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It would be so nice to see a LA with an FFI it would be worth a complaint!!!Almost
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Rank: Super forum user
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jarsmith83 wrote:
Ron - you advice teeters along the lines of what I was thinking however taking into consideration this client is a local authority, would you be of the mind that the contractor or the client should report this to the HSE?
You've not convinced me yet that there's a matter to report. Depends on what the ACM was. If the incident meets the HSE (recently amended) criteria for an asbestos-related DO then I would expect the LA to report it- and await the potential wrath of HSE.
See HSE RIDDOR faq at:
http://www.hse.gov.uk/asbestos/faq.htm
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Rank: Super forum user
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boblewis wrote:It would be so nice to see a LA with an FFI it would be worth a complaint!!!Almost
Not long to wait Bob. I'll keep you posted...............................
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Rank: New forum user
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I suggest making A RIDDOR report to the HSE, making sure that you include as much information as possible regarding the accidental release of asbestos (Dangerous Occurance). Air Sampling may have shown clear, but when was this done, after the works were completed? Where any other samples taken for examle dust or fibres that may have been present on surfaces when the work was ongoing and your eomployees were in the area?
The HSE will decide how to follow up your report, they would not take action against for reporting something that was not yours to report. They will follow up to see if therlevant responsible person has made a report.
Also you as the employer will need to provide advice and support to your employees that may have been exposed.
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Rank: New forum user
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In my opinion the Client is required to provide ALL the relevant information to the contractors and subcontractors and he must make sure they are competent.
You will only know what you are told by LA. If they don't want to tell you - you will not find out... unless there is an incident.
If the contractor failed not knowing about the ACM in the building due to inadequate Asbestos Survey - the LA is responsible for not providing adequate pre-construction information to contractors and others.
As CDM's ACOP states:
"All those in control of construction work are required to provide workers (including the self-employed) under their control with any information that worker needs to carry out the construction work safely and without risk to health."
So I guess LA controls you so should provide you with relevant information and then you should inform your employees.
I would write an email to LA regarding the whole situation (so it is written-recorded and they can't say you knew and did nothing).
As previous posts - do you have a report that is ACM? have you seen it? or are these only rumours? (very common everywhere)
This may help you with RIDDOR decision
http://webcommunities.hs...tion/view?objectId=23022
I would find out who, what and where happened in the past few weeks and how many of your employees may have been exposed.
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