Protect Yourself from Asbestos Claims
Protect Yourself from Asbestos Claims
Protect Yourself from Asbestos Claims
Anyone in the trade knows that asbestos is a swear word that evokes shudders whenever you mention it out loud. Even asbestos claims are swept under the carpet. No builder wants to know the risk, and no company boss wants to know the financial implications down the line. Although to be honest, the way construction is nowadays, it's unlikely that a firm will still be in business 40 years down the line.
That said, it seems the personal injury lawyer knows no bounds, and will stop at nothing to prise money out of you, whether you're in business, or not. That means you have to have a plan, and a survey. A Management Plan and Asbestos Survey that is.
The law changed recently in the form of The Control of Asbestos Regulations 2006 This legislation updated the Control of Asbestos at Work Regulations 2002 which was what we worked under before. This new law means an asbestos survey has to be carried out on any building suspected of having it.
That inspection has to be undertaken by qualified surveyors familiar with asbestos in order to conform properly. They will produce a report which should include an asbestos register and material risk assessment, and sample analysis details. If anything was found, there should be colour photographs of samples, recommendations for dealing with all the asbestos identified. If the surveyor is good, there should also be a floor plan included with all the asbestos highlighted.
The Management Plan is also part of the new law, and involves the survey, or "asbestos register." The rest is just piffle about policies, procedures, responsibilities, training and an action plan to remove the asbestos. If you're friends with your surveyor, he can put the plan together for you too.
The plan will need to show a list of locations with the asbestos, how you're going to deal with it, and employees responsibilities. The surveyor will suggest the best way of handling the stuff so you can just follow that. Bear in mind, if you leave it in place, the plan will have to show a regular inspection schedule, once a year to check on it. That makes removing it, even if it's expensive, the preferred option.
Who wants to pay for a surveyor to visit a building every year and check the asbestos?
Now, laws aren't often there to help us, but this one can be used to our own benefit. If you follow this law, and complete all the paperwork, it's harder for a lawyer to bring an asbestos claim against you because you fully complied with it. If it doesn't get you off completely, it should lessen the blow.
If you did everything by the book, you can them blame the workers or someone for not following the Plan. Mercenary it may be, but in the fight for survival, the dirtiest fighter wins. Asbestos claims are a blight on the construction industry, and you should do anything you can to avoid them.
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