Asbestos Cases and Regulations - Latest

Two further cases dealing with compensation for exposure to asbestos highlight the extent of the problems caused when this deadly substance is not handled correctly.

In the first case, Frederick Allen was awarded £128,500 after developing mesothelioma from exposure to asbestos dust. Mr Allen worked for British Rail for most of the period between 1954 and 1961. During that time he worked at the now notorious 'Seven Shop', where blue asbestos was sprayed onto the coaches. In the same period he also worked at a variety of other sites where asbestos was present and suffered further exposure during work to remove asbestos lagging from pipes.

Later, between 1961 and 1998, Mr Allen worked for a steel company, Swindon Pressings Ltd., where pipes and a boiler were lagged with asbestos. In addition, sacks of asbestos were often handled by employees.

British Rail and Swindon Pressings Ltd. agreed to settle the case shortly before it came to trial.

In the second case, a woman from Lancashire has won £295,000 in compensation after her husband died from mesothelioma. He had worked as an apprentice engineer for British Rail between 1957 and 1963. During this time he was often exposed to asbestos in boiler rooms, which were frequently heavily coated with the harmful dust.

After a steady stream of such cases, it is amazing that employees still continue to be put at risk by their employers. In one recent case, a North Tyneside firm was fined £4,600 for removing asbestos without a licence. Strict legal guidelines are in place to safeguard workers’ health, but some companies ignore the rules to keep down costs and to avoid red tape. This can result in workers being exposed to asbestos as well as the improper disposal of the substance.

From 6 April 2007, regulation 20(4) of the Control of Asbestos Regulations 2006 requires that anyone who certifies that premises are safe for re-occupation following asbestos work must be accredited by an appropriate accreditation body as competent to carry out such work. The site clearance certificate requires that premises where licensable asbestos work has been carried out have been thoroughly cleaned and are safe for re-occupation. In order to demonstrate competence, those carrying out the work must conform to the specified requirements in two international standards – ISO 17020 and ISO 17025.
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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