Asbestos cases triple in a year
According to Legal & Medical, the online magazine for the medico-legal profession, criminal prosecutions brought under the Control of Asbestos at Work Regulations 2002 more than tripled last year to 37.
The magazine reports that the Health and Safety Executive (HSE) launched seven criminal prosecutions in 2003-2004. The number of prosecutions rose to 12 in 2004-2005, but increased dramatically to 37 in 2005-2006.
The 2002 rules extended the responsibility for managing asbestos to all workplaces, not just those in “high-risk” industries. In November 2006, the rules were strengthened by reducing exposure limits and introducing mandatory training for work with asbestos.
The average penalty for health and safety convictions in 2005/6 was £29,997. This included fines of more than £100,000.
Commenting on this situation, Linda Fletcher, Partner of Boyes Turner’s specialist Industrial Disease team says:
“It is reassuring to note that the Health and Safety Executive are focussing on asbestos as a current hazard at work. The fines, however, are paltry compared to the impact of asbestos on individuals who have been exposed.
More significantly, Employers and Public Liability insurance details for all companies should now become a matter of public record in order that those who are afflicted by asbestos related and other diseases can secure the compensation to which they are entitled without being obliged to engage in an interminable treasure hunt to find the appropriate insurer on risk.”
Consistent with our policy when giving comment and advice on a
non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems
we recommend that professional advice be sought.
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