Employers will count cost of new asbestos laws

Thousands of employers across the UK could face heavy fines or even imprisonment if they fail to comply with a new duty to manage asbestos on their premises when tough new regulations come into force tomorrow, according to Liz Bunting, a leading health and safety adviser at Associa Health & Safety Service.

Duty holders will be legally obliged to manage the risk posed by asbestos on their premises under Regulation 4 of the Control of Asbestos at Work Regulations 2002. They have been given until 21 May 2004 to comply.

The regulations mean that employees, former employees and even contractors working on a business’ building could claim compensation against an employer for personal injury caused by exposure to asbestos on their premises.

Employers who fail to carry out their new duty could also face a fine of up to 5,000 in the Magistrates Court, or in more serious cases, an unlimited fine in the Crown Court. The worst offending employers could even face imprisonment.

Both the directors and officers of a company also run the risk of being prosecuted if the offence has been committed with their consent, connivance or neglect.

Liz Bunting, legal adviser, Associa Health & Safety Service, said:

ìBusinesses need to be aware of the new regulations as, depending on their contract, they will soon be obliged to establish the presence of any asbestos on their premises, assess the risk and prepare a detailed written management plan.

ìPleading ignorance to the presence of asbestos will be no legal defence for employers who allow their employees to be exposed to this potentially lethal substance.

ìEmployers should not be just concerned with protecting employees. Even contractors working on a business’ premises need to be safeguarded. Reckless employers could find their heating engineer or burglar alarm installer seeking damages if exposed to asbestos.

ìManaging asbestos could be set to become even more vital for employers. Insurance companies faced with paying out millions of pounds in compensation to former employees and their relatives are now seeking to exclude liability for asbestos related personal injuries from their employers’ liability policies.

ìThere really is no choice but for employers to demonstrate that the asbestos on their premises is properly managed.î

Under the new duty to manage asbestos, the ’duty holder’, who could be the owner, landlord or tenant ñ depending on individual contracts ñ will have an obligation to fulfil the following tasks:


Identify the type of asbestos present

Undertake a suitable and sufficient assessment of the risk created by exposure

Produce a written plan identifying the location, the risks and how they should be managed

Implement and plan the review

Pass on the information to anyone liable to disturb the asbestos

Liz Bunting has developed a five-point-guide to help employers create an asbestos management plan and comply with the new regulations. The guide is available on the Associa web-site at www.associa.co.uk [also available in notes for editors section].

Associa Health & Safety Service provides employers with comprehensive assistance in ensuring their business is compliant with health and safety legislation. The service includes a comprehensive manual designed to guide businesses through health and safety legislation, unlimited telephone access to expert legal advisers, a CD-ROM containing key legal documents and a practical working file for businesses to log all of their completed risk assessment and COSHH forms.

Any organisations wanting to know more about their health and safety obligations should speak to Associa Health & Safety Service to find out how its team of legal experts can help on 0870 264 1122 (calls may be monitored or recorded) or log on to the Associa Health & Safety Service web-site