Date of article: 31/05/2007
 Print Article
Two recent cases of workers being diagnosed with asbestos-related mesothelioma show record high award pay-outs of almost up to a million.
The judge awarded £948,565 to a shipyard worker who was diagnosed with mesothelioma (an asbestos-related cancer) and £74,000 to a Lancashire man who died from asbestos-related mesothelioma.
Both workers were directly exposed to asbestos at work and no precautions were taken by their employers to protect them from asbestos exposure which can cause life-threatening illnesses. It was claimed by one of the workers that he was not given protective clothing, ventillation or breathing equipment whilst he was carrying out his work.
Both cases show that businesses that fail to adequately protect their employees from the risk of occupational cancer often have to pay out high levels of compensation.
According to the British Lung Foundation more than 2,000 people are diagnosed with mesothelioma every year in Britain, and someone dies from it every five hours. The Foundation claims that an epidemic of mesothelioma will peak in less than ten years, particularly affecting those now in their sixties who worked in the construction industry, and their families.
The duty to manage asbestos is contained in Regulation 4 of the Control of Asbestos Regulations 2006. It requires the person who has the duty (i.e the "dutyholder") to:
. take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in;
. presume materials contain asbestos unless there is strong evidence that they do not, and make, and keep up-to-date, a record of the location and condition of the asbestos containing materials - or materials which are presumed to contain asbestos;
. assess the risk of anyone being exposed to fibres from the materials identified;
. prepare a plan that sets out in detail how the risks from these materials will be managed
. take the necessary steps to put the plan into action
. periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date; and
. provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
There is also a requirement on anyone to cooperate as far as is necessary to allow the dutyholder to comply with the above requirements.
Regulation 6 states that an employer shall not carry out work which is liable to expose his employees to asbestos unless he has:
. made a sufficient risk assessment
. recorded the significant findings of that risk assessment
. determined the nature and degree of exposure which may occur in the course of the work
. considered the effects of control measures which have been or will be taken in accordance with regulation and
. set out the steps to be taken to prevent that exposure or reduce it to the lowest level reasonably practicable.
The provision of these Regulations fall under the umbrella of the Health and Safety at Work Act 1974
|
|
