Body & Soul8 mins ago
Asbestos removal
Hi ABers, I have over the last 30 years been exposed to white asbestos (chrysalite). My employer (who knew) has never told me nor my colleagues. My work is in a factory with some asbestos lagging and pipe gaskets that I and others have worked on many times. The asbestos is regarded as unlicenced and can be removed by non specialists. Now that it has been become an issue, my manager is now in the process of training us to remove the asbestos with suits/masks etc. Can he really expect us to do so? is there a legal case where this has happened? I personally refuse to do it but he is to threaten us with disciplinary action. Our union is being slow off the mark and, the number of people it will effect is about 15% so not likely to get support from others it won't effect. Any thoughts appreciated!
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.Who decided that the work falls into the 'non-licensed' category? Work on lagging (and some work on gaskets) falls into the 'licensed' category:
http:// www.hse .gov.uk ...s-wo rk-cate gories. pdf
and
http:// www.hse .gov.uk ...non- license d-work. htm
See the links on the left of that page for lots more information and then report your concerns to the HSE:
http://www.hse.gov.uk/contact/index.htm
Also advise your employer that you will be committing a criminal offence if you put anyone's health at risk through agreeing to inappropriate working practices. (It's just as illegal to put your OWN health at risk as it is anyone else's). Make it clear that you have no intention of committing such an offence and that you will be seeking the support of the HSE in the matter.
Chris
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and
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See the links on the left of that page for lots more information and then report your concerns to the HSE:
http://www.hse.gov.uk/contact/index.htm
Also advise your employer that you will be committing a criminal offence if you put anyone's health at risk through agreeing to inappropriate working practices. (It's just as illegal to put your OWN health at risk as it is anyone else's). Make it clear that you have no intention of committing such an offence and that you will be seeking the support of the HSE in the matter.
Chris
Thanks Buenchico. The HSE are already involved and my manager has taken advice from a licensed asbestos expert on what is and isn't non licensed (to save money obviously) so we can't deny that. The problem we're having is that we've all been exposed and quite angry he expects us to start removing it. It may take one small mistake and any one could be tipped over the edge into a serious health situation. I know it can take many years for health problems to show but that extra bit may be literally a nail in a coffin. I can't find anything on the net with a similar scenario. I have trawled through the HSE pages but cases such as this are not apparent. I shall look through it all again tomorrow. Just want to find a case that mirrors this with a solid favourable outcome so a grievance can be made without fear of discipline or dismissal. Thanks again.
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I think there are 2 issues here which should be considered separately.
The first issue relates to past exposure. I don't know what the normal process is but I think it needs to be fully investigated and an assessment needs to be carried out including medical assessments. You could raise a grievance if you wish or even consult PI lawyers for advice on possible litigation.
The second issue relates to the removal. If the HSE are involved, the method is deemed acceptable and the necessary training is being provided I don't see what grounds you have for refusing to carry out an instruction. I don't think you can use a past grievance in this way.
The first issue relates to past exposure. I don't know what the normal process is but I think it needs to be fully investigated and an assessment needs to be carried out including medical assessments. You could raise a grievance if you wish or even consult PI lawyers for advice on possible litigation.
The second issue relates to the removal. If the HSE are involved, the method is deemed acceptable and the necessary training is being provided I don't see what grounds you have for refusing to carry out an instruction. I don't think you can use a past grievance in this way.
I understand what you're saying but, I have already been exposed and let's say there should be an error by myself or another, I may be contaminated on top of past exposure enough to become a serious condition. Also, if there should be a health problem for me in the future, then it may damage any claim as I'm sure it will be deemed I've made an error during controlled removal. I do not trust management that's obvious, they didn't tell me I was working with a dangerous substance for 30 years, why should I follow their judgement now!