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Posted By MICHAEL T
We have some sub-con pipe-fitters who have removed pipework and ground off the old gaskets which have now tested as white asbestos.
Looking at the RIDDOR ACoP:
Escape of substances (paragraph 21)
The accidental release or escape of any substance in a quantity sufficient to cause the death, major injury or any other damage to the health of any person.
150 The substances covered by this definition may be in any form: liquid, solid (eg powder), gaseous or vapour and may include, for example:
(a) substances which may be hazardous to health (eg asbestos).
I take this to apply in this case? - does it??
Who should put the F2508 in, us or the sub-con company?
What liability does the client have for not disclosing the presence of ACM's?
Regards
Mike
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Posted By Robert K Lewis
I suspect that the HSE will also pick this up when reported as a failure under CAR 2006. It is all too easy in maintenance type work to gnore the problem of asbestos. You were breaking open a flange with material inserted that a competent person copuld reasonably believe was an ACM. The regulation 4 duty holder therefore has the duty to manage ACMs, assess work, and ensure adequate training. This is the very scenario that the HSE are trying very hard to eliminate.
Bob
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Posted By Ron Hunter
Yes, as no mimimum safe level established for Asbestos, technically reportable.
HSE won't fuss who reports as both parties are in breach!
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Posted By TonyB
Michael
Yes it is reportable.
As mentioned the HSE won't be that bothered who reports but technically the duty falls to your organisation as the "Reasonable Person" due to this being a Dangerous Occurrence and you constitute the controller of premises. (para 25 of the RIDDOR ACoP - Table 1).
This is one area that common misunderstood with regards to RIDDOR. It's the site who must report DOs that result from contractor's activities - not the contractor!
Hope it helps
TonyB
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