Asbestos: Landlords warned on law

Landlords who fail to co-operate with facilities managers over the type and location of asbestos in their buildings could be prosecuted under revised asbestos legislation due out next spring.

While occupiers would ultimately be held responsible for managing asbestos in their buildings, the Health and Safety Commission (HSC) does not intend to let landlords off the hook.

HSC commissioner Owen Tudor told TheFB that landlords could be held in breach of criminal law if they have failed to co-operate with their tenants over the management of asbestos.

'The proposal is that an explicit duty to manage asbestos should be placed on employers with a subsidiary legal responsibility on owners to co-operate with employers,' said Tudor, who is also senior health and safety policy officer for the TUC.

If employers were found liable under the new legislation, Tudor said they may have grounds for a claim against the building owners. 'But the employer could not dislodge his responsibility by saying 'I got the records from someone else,' he stressed.

The HSC is due to publish its amended Control of Asbestos at Work Regulations next spring. Employers held in violation who can prove they have taken steps to manage asbestos would be allowed to bring supporting evidence to court.

'There will always be a case for due diligence,' said Tudor. 'Employers would be able to use this as part of their defence.'

Section IV of the Health and Safety Act 1974 says employers have a legal duty to make the workplace safe.

'Most of what is being proposed is implicit in existing legislation,' said Tudor. The Health and Safety Executive is planning a publicity campaign this Autumn to highlight this fact.