Rank: Forum user 
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Hi Ladies/Gents
Can you please provide me with some advise. I have had varying opinions/answers so far, just need more view points. Very grey area as asbesots regs/ACOPs generally refer to non domestic properties.
Here is the scenario:
Void property, works planned refurb works required in kitchen. Tenant given keys before works commences to contractors heavy workload.
Tenant decides to do a bit of DIY, rips out pantry/boxing, no contractors staff involved at this stage.
Contractors come on site, they notice the works, and suspect pantry contains asbestos.
Sampling reveals presence of asbestos.
Contractos leaves site. Tenant remains in property for 10 days or so. No quarantine of kitchen.
Contractors come back, finish their works.
Is this reportable. Some say no as the initial incident was caused due to the act of the tenant and would not be classed as a workplace at the time of occurence.
Others say yes as contractors are involved, you opinions and reasons behind it would be useful, cheers
Abs
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Rank: Forum user
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I have a few others who have said it is not reportable.
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Rank: Super forum user 
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I think it would be a workplace all the while the contractors were on site. Who were you thinking of reporting it to and what reg; Asbestos or RIDDOR. Was the tennant aware of the risks of asbestos and did the landlord know. Given that it would count as work premises for the contractors perhaps a sampling survey should have been carried out. This info based on diploma studies not years of asbestos experience though!
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Rank: Super forum user 
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I trust this is a hypothetical scenario!
Is it the case that the Tenant merely had the opportunity to disturb the ACMs before the Contractor did?
Where you have such a programme of works planned, there should have been sufficient refurbishment and demolition survey undertaken in advance of the work.
Change of Tenancy (void) would have been the ideal time to conduct that survey & sampling.Duty (and failure) rests with the LA/ Housing Association.
There is (IMHO) a strong argument that this failure (arising out of or in connection with work & work planning, including the decision to allow the tenancy to commence) led directly to ACM exposure of "others" (the Tenant) and is therefore reportable.
You make no mention of clean-up and air clearance or of having informed the Tenant - has this been done?
HSG264 (available as free pdf from HSE website) has some guidance in the above context.
I am personally concerned that LA's have KPIs relating to number of void days between Change of Tenancy and that pressure to achieve KPI improvements lead to incidents such as this. In that context, the KPI targets can be construed as contributory to the "arising out of or in connection with work" argument?
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Rank: Forum user
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Thanks both.
Just on your queries:
m - intention of reporting to the HSE under RIDDOR under exposure to harmful substances which i belive covers asbestos. Thanks for your comments.
Rob - tenant i believe removed pantry to assist and speed up works that contractors were due to undertake. (I think he though he was being helpful) We do undertake sampling but of course the tenant gave us no opportunity to do this.
GOOD POINT on the void turnaround times. Cheers.
Any one else have differing views?
Clean up Air test done after the works had been completed. All ok, it's the part in the middle (the expoure) i need comments on.
GOOD POINT failure (arising out of or in connection with work & work planning, including the decision to allow the tenancy to commence)
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Rank: Forum user
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It's definitely a reportable event under RIDDOR. To me, the tenant giving no opportunity to survey/ sample is no excuse, the duty holder (landlord?) should have instigated this before any work was undertaken and the tenant should have been informed about this. After all they knew contractors were coming to carry out refurb works and were happy 'to lend a hand' therefore adequate planning may have prevented accidental exposure from occurring. Yes, it only becomes a place of work (and then Reg 4 of CAR 2006 applies) when the contractors are engaged but you can't and shouldn't wait until that point to start managing the problem. What form and type of asbestos was it? This could be an important factor in addressing the sensitivity of the situation and allaying any fears that may have arisen.
Gerry
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