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Managing asbestos risk

Gullands’ Regulatory and Criminal team and industry experts gave a joint seminar on Managing Asbestos Risk on Site and in the Workplace on 3 March.

Some fifty property, construction and insurance professionals met at the Gallagher Stadium, Maidstone to hear from Jane Adamson, Founder and Managing Director of Adamson’s Laboratory Services (ALS Envex), Steve Dempsey and Peter Searle of DMC Group Enabling Works Specialists and licensed asbestos removal contractors. Andrew Clarke, Associate at Gullands Solicitors, provided a legal overview and commentary

on sentencing principles in asbestos prosecutions.

The seminar focused on managing asbestos risk on site and in the workplace, covering a number of subjects:

  • Responsibility of the duty holder in non-domestic premises
  • The employer’s duties under the 2012 regulations
  • Providing adequate asbestos survey information
  • Management of ACMs on your premises
  • Distinguishing management and refurbishment/demolition surveys
  • Managing asbestos removal on site

Andrew Clarke comments: “When the duty to manage came into force in 2004 there was estimated to be six million tonnes of asbestos contained in some 500,000 non domestic premises. With this level of asbestos still present in the built environment, asbestos risk management will be important for many years to come. We looked at a number of topical issues such as the overlap between the Control of Asbestos Regulations 2012 and CDM 2015, how asbestos prosecutions are likely to be approached under the new Sentencing Guidelines (using our insight from involvement in an asbestos prosecution this year). Also apart from fines and costs, we illustrated the likely cost of civil claims arising from asbestos contamination or an unplanned release of fibres. The highlight of our event was hearing from our industry speakers, who kindly shared their practical experience with our guests and were very well received. One important message to take away, was the duty to keep management documents under the 2012 Regulations under regular review and always where there has been any change in the premises, or reason to suspect they are no longer valid.”

Andrew Clarke can be reached at