Posted By Michael Daly A few questions first:- 1. How does the person concerned know it is asbestos? Has he found out himself or did someone who should have told him beforehand tell him after the event? 2. What type of asbestos is it? 3. Who is his employer, the school, another company or is he self-employed? 4. If he was working in a confined space for that length of time was a risk assessment carried out beforehand? It may be sensible for him to have a medical check although any effects of asbestos exposure are unlikely to show up for at least ten years. As far as other actions go both his employer and the school owed a duty of care to him which appears to have been breached. In practice his actions will be dictated by commercial realities, how important a client is the school? If it is an important client then a quiet discussion may be in order to produce a mutualy agreeable solution. If on the other hand he believes information was deliberately witheld by persons with a reputation for such actions then a RIDDOR report could be submitted. Before taking any action decide what the prefered outcomes are and then take action accordingly. Mike Daly

Posted By Stuart Nagle Rik. an interesting scenario. Firstly, although the client (building owner/occupier) has a duty to the person carrying out the work in respect of their health & safety, the client may have been unaware of the presence of asbestos in the location where the cabiling is taking place. You do not state where the location is, but only describe it as a 'confined space'. A confined space has a particular definition within the meaning of the confined spaces regulations 1997, and I doubt if the 'enclosed area' in which the contractor was working was in fact a confined space (at least until it became know that a substance was present that could cause harm to them through their 'interaction' with that substance e.g. asbestos), and even then may not be covered by the confined spaces regulations per se - at risk of contradiction, most asbestos, unless it is in a poor condition is unlikely to be a serious risk unless it is disturbed... It is also worth noting that asbestos is not a 'reasonably forseeable specified risk' as defined by the confined spaces regulations! If an asbestos survey was carried out on the premises, it is unlikely that it would have identified the asbestos of which you speak if the area was normally inaccessable (e.g. underfloor or behind walling etc) unless a type 3 survey was carried out, which is normally only carried out prior to building demolition. A type 1 survey (inspection only), or type 2 (inspection and bulk sampling for analysis) would not normally delve deeper into the fabric of a premises than those areas reasonably accessible to the asbestos surveyor. In respect of the scenario itself, the best action I can offer is as follows; 1) employ a qualified asbestos surveyor to sample the asbestos and get the sample analysed (if not done already). This will determine the type of asbestos and the quanity of asbestos fibres present. 2) any debris from the drilling and fixing will need to be cleared if this area is to be accessed again - so removal of the debris may be required or the area closed off and sealed If the asbestos remaining is in good condition generally it may remain insitu, but may need to be sealed on the exposed surfaces (by painting for example) and warning labels attached. If it is not in good condition and the area needs to be accessed (i.e. for maintenance etc) it may need to be enclosed or even removed, and a licensed contractor may need to be employed if the the area to be removed exceeds 2 square metres in total. (see regs). 3) HSE should be informed of this incident and the circumstances leading to the exposure. 4) No further work should be undertaken until (1) and (2) above are dealt with. 5) risk assessments in respect of the sampling (if to be done), entry into the area and any work to proceed will need to be done along with arrangements for disposal and consideration for any other persons who may be affected. 6) an 'accident' investigation should be carried out to determine what went went wrong and how. Including measures to be implemented, as above, to prevent further episodes, injury or exposure. 7) all relevant documentation relating to the 'accident' and investigation etc will need to be kept for 40 years 8) the person exposed should have health suveillance and guidance in respect of the possible effects of exposure to asbestos. The regulations effect all types of asbestos (white, blue and brown). Blue and brown are generally regarded as the worst types. an asbestos management plan for the premises, if any asbestos is to remain insitu, will need to be undertaken and a plan to deal with all works where contact with 'known' asbestos may be likely will need to be implemented. Hope this assists....