Good evening all, I have recently taken up a position with a new company. They have no asbestos surveys done yet so there is no management surrounding asbestos yet. I have already raised my concerns with management regarding this matter. We recently had a contractors in carrying out works on refrigeration units. They were working in a cavity space where asbestos roofing is located but were never made aware that there was asbestos in that area. They continued carrying out their work for two weeks and never made anybody aware. I received a call from the contractors managers to inform me that the workers had removed a sample of dust from the working area for testing. The sample has come back as positive for crystallite. I did receive MSDS for the work which highlighted the risk of asbestos and that if it was presumed that asbestos was present that work would cease immediately and management informed. However the contractors continued their work in the area and worked elsewhere for a week. On return to their office they handed in a dust sample raising their concerns. What am I to do now? Is this reportable as a RIDDOR dangerous occurrence? Your thoughts and guidance would be greatly appreciated.

Hi Ron, Yes chrysotile. All I have seen was the result of the sample tested by the contractor company. They had the sample sent off to a specialist lab for testing. They have told me that they are informing their insurance company so this has caused a major panic on site. Would I be better of getting an analyst out asap to take the appropriate samples? I will then organise for a full survey in the very near future. I know I have no definitive answers as to whether they were actually exposed but the were working in that cavity area where asbestos is present. Should I still inform the HSE by means of RIDDOR - dangerous occurance. Thanks

Fearghalg, The answer to your question is no, the matter is not a specified dangerous occurrence under RIDDOR and it is therefore not reportable as such. DJ

'I have recently taken up a position with a new company. They have no asbestos surveys done yet so there is no management surrounding asbestos yet. I have already raised my concerns with management regarding this matter' What was their excuse for this? It's not like the requirement to manage came in last year! What was your predecessor doing (supposing they had one)? Shocking story but rife out there and not just in the Private Sector I'm afraid! Maybe prosecution will give the company a big 'wake up' call, although I doubt it. The contractor should also be prosecuted based on the info in this thread. Highlights well the challenges that face us all.

Obviously, RIDDOR 95 has been replaced by RIDDOR 2013, but there is a similar requirement in RIDDOR 2013 as a dangerous occurence. i.e. "Hazardous escapes of substances 27. The unintentional release or escape of any substance which could cause personal injury to any person other than through the combustion of flammable liquids or gases."

Are you sure? Dangerous Occurrence, Premise controller reports?

I am sorry but I dont really get your point. You advised the following was not reportable. Contractors exposed to asbestos after working in a location that was known to contain asbestos containing material. No asbestos register was provided prior to works. No asbestos survey was undertaken prior to works. A sample post works was taken and found to contain asbestos fibres which would then assume that workers clothing could be contaminated and could have spread to various locations leading to further exposure. Asbestos fibres released into the air. (as samples found in dust its a safe bet) Accidental or deliberate (dont really get your point here as they could have entered an area and bashed hell out of some insulation board and then said "oh sorry didnt know thats what it was") There is a duty to for employers to make suitable and sufficient enquiries to ascertain the presence of asbestos to protect their workers. This was not done. Was the release was sufficient to cause death, majory injury or damage to health. Well seeing as its asbestos we may have to wait 30 + years to find out. If you consider this to be not reportable then thats fine. I suppose we all have a different way of interpreting the requirements of regulations and the purpose they are there to serve.

I give up. I just cannot be bothered.