Asbestos: Take No Chances
In Autumn 2011 Marks & Spencer plc was fined £1m for failing to protect customers and staff while removing asbestos during refurbishment work. Here, Lynn Onyett from our Commercial Property Team highlights the issues:
It is clear from this case that the courts are prepared to hold property owners accountable and fine heavily for breaches of health and safety around asbestos. Here are the key points of the issue:
- The regulations place obligations on the “duty holder”, a title that includes anyone relating to the repair, maintenance and/or control of non-domestic premises
- The duty can fall jointly on a number of parties including landlords and their tenants
- The regulations include a number of requirements on the duty holder, details of which are in a larger article here [link]
- With obligations placed on both landlords and their tenants courts will consider the nature and extent of their individual obligations
- It is advisable for all parties to carry out their own risk assessments and share the information with each other
- Parties should consider commissioning an Asbestos Management Plan from a qualified assessor
- The only defence will be proof that the duty holder has taken all precautions and exercised all due diligence
More details are available in a larger article here
Lynn Onyett can be contacted at lynnonyett@stones-solicitors.co.uk
contact us now
- Exeter 01392 666777
- Okehampton 01837 650200
- Online Enquiry Form
