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safetyman2010  
#1 Posted : 11 January 2011 09:48:14(UTC)
Rank: Forum user
safetyman2010

Hi,

A contractor has stated that they worked on a section of wall (drilled a hole for a power cable, 5 mins task using power drill) a year ago prior to me starting with the company. The previous survey had stated this was not ACM but I commissioned a new survey this year and this identified the clearly visible panels behind the front section of the wall as being ACMs. The contractor has now seen the labells onthe walls and that we have enclosed the ACM panels with protective material and has asked what the situation is.

I have taken the details of the date of the work, nature of the work, duration of the work and the type of ACM worked on on our potential exposure record form but i'm just trying to check if there is anything else I need to do? Reporting the potential incident to HSE?

If anyone has any previous experience of this i would appreciate some advice.

Cheers
boblewis  
#2 Posted : 11 January 2011 11:14:01(UTC)
Rank: Super forum user
boblewis

Sounds like both of you were potentially in breach during the previous alleged incident. The contractor however must now have full information

Bob
frankc  
#3 Posted : 11 January 2011 20:37:08(UTC)
Rank: Super forum user
frankc

I know UKATA state the following -

Apart from a few exceptions where exposure is very low, for each employee who is exposed to asbestos, employers must:

Keep a health record.

Keep the record for at least 40 years.

Ensure the employees are under adequate medical surveillance by a relevant doctor.

Provide a medical examination not more than two years after such exposure and one at least every two years while such exposure continues with certificates being kept for at least 4 years.

Inform the employee if the medical shows any disease or ill-health effect from the exposure.


Sounds like the exposure to the chap who drilled a single hole could be classed as low but that's just my personal opinion without knowing all the facts.
Ron Hunter  
#4 Posted : 11 January 2011 23:14:21(UTC)
Rank: Super forum user
Ron Hunter

frankc is quoting the requirements for licensed asbestos workers. A one-off accidental exposure is another matter entirely and none of these requirements will apply. I trust UKATA are themselves making these statements clearly and in the correct context.

As for the particulars on the posting, if you've no records or other evidence other than the unsubstantiated claim by the contractor, then all you can do is extend the courtesy of creating a record, stopping short of admitting liability. Make sure that the records clearly indicate the circumstances, hearsay element and unsubstantiated nature of the "exposure" now - this will all be material to any potential claim many years from now.

Many employers are adopting the commendable practice of keeping records of accidental exposure. I often wonder how many of these records will actually survive the potential latent period between exposure and symptoms of 40+ years though.
boblewis  
#5 Posted : 12 January 2011 11:26:03(UTC)
Rank: Super forum user
boblewis

Ron

Especially when many of the companies may not even survive half as long! There seems to be no place for such records to be kept - the insurers are not interested and the HSE do not take them.

Bob
bod212  
#6 Posted : 12 January 2011 12:50:16(UTC)
Rank: Forum user
bod212

With this in mind does anyone know or have experience of health records - specifically asbestos - requiring to be lodged with the HSE following, for example, a company closing or ceasing to trade? I'm not thinking of when companies get taken over/ amalgamate/ etc. Is there a process in place? A 'repository' to store the records? Just wondered...
Ron Hunter  
#7 Posted : 12 January 2011 13:00:05(UTC)
Rank: Super forum user
Ron Hunter

I seem to remember reading somewhere that there is a specific requirement for licensed asbestos companies going out of business to ensure such records are given over to the HSE.
Ron Hunter  
#8 Posted : 12 January 2011 13:06:39(UTC)
Rank: Super forum user
Ron Hunter

On checking, this is a statutory requirement for licensed companies: CAR Regulation 22(8)(c) refers.
safetyman2010  
#9 Posted : 12 January 2011 21:19:16(UTC)
Rank: Forum user
safetyman2010

Thank you guys for your responses and advice. I have details the information around the 'incident' and recored them on the potential exposure record form. This will be filed in HR records incase of any future issues. I was pretty confident I had done the right thing but its always nice to get a second opinion.

Cheers again.
Denton36597  
#10 Posted : 12 January 2011 21:45:04(UTC)
Rank: Forum user
Denton36597

Safetyman, have a read of:
Information document (part 1) - Exposure to Asbestos from work activities: Advice for employers
OC 265/48 Version 3

http://www.hse.gov.uk/fo.../oc/200-299/265-48-1.htm

It describes the factors that influence level of risk, and when the exposure should be reported to the HSE as Dangerous Occurance.

Also explains medical examinations and health records
Ron Hunter  
#11 Posted : 13 January 2011 11:33:03(UTC)
Rank: Super forum user
Ron Hunter

Denton, please be very wary of referring to Opertation Circular information as current competent advice.
This detail is published primarily to comply with freedom of information, elsewhere on the site you'll find a disclaimer statement that the currency of OC info is not guaranteed as being kept up-to-date.
Some of this OC stuff is years out-of-date. In this instance the various reference times given relate to action levels that no longer apply, and are in fact contrary to current HSE guidance.
NigelB  
#12 Posted : 13 January 2011 20:51:59(UTC)
Rank: Forum user
NigelB

Just to pick up Bob's point - a number of trade unions keep records of asbestos exposure on behalf of their members because there is no formal requirement for them to be recorded and the employer may not keep the records or go bust.

During my time with the GMB trade union our Regions set up recording proformas in the 1990s. I understand a significant number of reported exposures have been logged. As we still have records going back to the 1880s, holding them 40 years should be a doddle!

Cheers.

Nigel
boblewis  
#13 Posted : 13 January 2011 22:01:40(UTC)
Rank: Super forum user
boblewis

Records are the real issue whilst they can/should be offered to the HSE they do not have to accept them. Many records I fear perish with the company - This does leave the Unions as a lone voice

Bob
Ron Hunter  
#14 Posted : 14 January 2011 13:16:19(UTC)
Rank: Super forum user
Ron Hunter

I am heartened to hear that TUs are doing this on behalf of members. I'll certainly mention this to my troops.
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