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Markel Insurance

24 May 2019

NHS Trust fined £16,000 for exposing employees and contractors to asbestos

Shrewsbury and Telford Hospital NHS Trust were fined £16,000 and ordered to pay £18,385.80 in costs for breaching their duties under the Control of Asbestos Regulations 2012. Read our blog here to find out more.

Shrewsbury and Telford Hospital NHS Trust pleaded guilty to two offences under the Control of Asbestos Regulations 2012. This was after renovation works were being carried out in 2012 in an accommodation block resulted in asbestos fibres being disturbed. It was said that the Trust then failed to take steps to deal with the initial release of asbestos and also failed to restrict access to the flat, thereby exposing others who entered to asbestos.

This is an important reminder, of your duty to manage asbestos under the regulations. This duty applies to those that own a non-domestic property, such as a warehouse, office or shop or it can be the person who is responsible for the repair and maintenance of a building, such as through a tenancy agreement.
The Health and Safety Executive have outlined four steps to help you comply with your duties:
  1. Find out if your premises contains any asbestos; as well as the location and condition of it. Record this information on your asbestos register. If you are not sure whether it is asbestos then you must presume that it is.
  2. Assess the risk of someone becoming unwell from the asbestos on the premises.
  3. Put together a plan on how to manage the risk and put it into action.
  4. Provide this information to those who are likely to disturb it, such as contractors so that they can carry out their work safely.
At Markel Law our specialist Health and Safety solicitors can advise you and your business of your duties relating to asbestos.
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22 May 2019

Failure to recognise disability on appeal, meant dismissal was discriminatory

A recent employment appeal tribunal case found that a dismissal was discriminatory, although the employer did not know the employee was disabled until the appeal hearing. Read our blog here to find out more.