LEGAL ADVICE FORUM
Peter’s legal advice forum BB&D’s resident lawyer, Peter Blake, is here every issue offering the best legal advice. This month, managing the risk of asbestos
Construction is one of the industries most affected by the risk of asbestos. Although asbestos is no longer used in construction, there is a risk that it might be present in any building constructed before 2000. There is therefore an ongoing risk of exposure and also of claims being made arising from historic exposure to asbestos.
exposure to asbestos and how unpleasant asbestos related illness is. All responsible contractors and duty holders are aware of their legal
A
lmost everybody is now aware of the threat to health posed by
obligations and diligent in carrying them out.
The Control of Asbestos Regulations place duties on those responsible for managing non-domestic premises to manage the asbestos risk. Where construction works are planned to a building that may contain asbestos a survey must be carried out to enable the risk to be controlled. Employers whose employees risk exposure to asbestos at work must provide general and, where relevant, site specific training and carry out a proper survey before work is carried out. Where asbestos is present most removal work must be carried out by a licensed contractor and there are in any event strict controls on how such
There is a risk that asbestos might be present in any building constructed before 2000
work is carried out.
For some long established and responsibly run businesses an historic risk still lurks in the form of potential claims by employees or members of the public who become ill as a result of exposure to asbestos on sites run by those businesses. The latency period for asbestos related illness can be extremely long. Mesothelioma can take up to 40 years from exposure to manifestation of the disease. The number of asbestos related deaths in the UK is rising sharply and is predicted to peak around 2020.
Illness frequently gives rise to claims, which can be
problematic due to the difficulty in obtaining evidence many years after the exposure. This is
a problem for claimants and can also be a problem for defendants who may have carried insurance but may not be able to trace the records of which policy to claim on. Claims are usually
substantial and can be expensive to deal with through the courts so the availability of insurance makes a huge difference. The insurance industry set up ELTO (Employers’ Liability Tracing Office) to assist with the tracing of old policies where a claim has been made.
My advice if you are running a business that has worked with asbestos in the past is to ensure as far as you can that your insurance records are complete so that if a claim is received it can be passed on to insurers immediately. This may involve some work in reconstructing records from archived documents, but it will give you peace of mind knowing that if a claim is received insurance will cover it and that your business
and jobs will not be at risk. ■
For more information visit
www.prettys.co.uk
Peter Blake is head of construction and a Partner at law firm Prettys. As a lawyer with over 20 years’ experience of construction law, Peter regularly advises clients on a range of
contractual and other legal issues. As well as being instrumental in Prettys’ operation of the National Federation of Builders’ helpline, Peter regularly presents to the construction industry on legal topics.
22 | British Builder & Developer |
BritishBuilder.co.uk
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