Flat-Living.co.uk Health & safety
specialists Angel Underwriting. He explains that the majority of cases • For general information on asbestos go to
are brought against employers rather than individuals and that where
http://www.hse.gov.uk/asbestos/campaign/duty.htm
works to premises are concerned, it is tradesmen who are more likely
to be at risk than tenants and contracting companies who will be in • Go to
http://www.hse.gov.uk/pubns/manageasbestos.pdf
the firing line should ill health be the source of a future claim. In the for HSE’s simple eight-step guide to managing asbestos
worst case scenario, he believes most Directors and Officers Liability in buildings.
Insurance policies should cover actions against the individual in such
situations however no precedent has yet been set. Smith’s advice is to • The RICS guidance note ‘Asbestos and its implications
check the wording of your policy and stay within the law. “The burden of for members and their clients’ gives advice and tips.
proof in a personal injury case lies with the claimant, who has to prove Tel 020 7222 7000 for more information or go to
www.rics.org
that a person or organisation has been negligent, so as long as you can
prove that you have followed the law and have written evidence to show • For further information on arranging an asbestos report,
you have done everything you are required to do, there is little risk of a go to the Flat Living website at:
successful claim being brought against you”.
www.flat-living.co.uk/products/asbestos_survey.htm
Case Study: Identifying your duty of care
RMC directors should be aware complications may arise. A of the tenant rather than the disturbance of asbestos
that, depending on the specific steel beam or column within landlord. Communal services containing materials does not
detail of their lease covenants, an individual flat is obviously such as pipes in riser ducts may endanger occupants’ health,
landlords are often responsible structural and so presumably pose a similar problem. contaminate other tenants’
for the structure of their is sprayed with asbestos fire Regardless of statutory properties or the common
building and the tenant for the protection but what if the responsibility the landlord areas of the building.
internal surface finishes. This fire protection is in the form may owe a duty of care
is relatively straightforward of asbestos insulating board to occupants and should Paul Winstone, Director, Watts
in terms of normal repair cladding? In this case, it would ensure that asbestos-related Group PLC and Chair of the
and maintenance. However, be considered an internal finish information is passed onto RICS Asbestos Group
where asbestos is concerned, and therefore the responsibility them so that inadvertent
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