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What the revised asbestos guidelines mean for professional negligence claims

Overview


Marks & Spencer was recently fined £1m for two health and safety offences regarding asbestos removal. To address the dangers invovled, this briefing from Shoosmiths' construction team looks at the impact of revised HSE guidance on asbestos surveys.



The HSG264 guidance came into force in January last year replacing and expanding on the previous guide MDHS100. An important change is the increased emphasis on the role of the ‘dutyholder' (usually the employer or landlord) who commissions the survey and who will ultimately check the surveyor's asbestos survey. The knock-on effect of this is that the surveyor will find it more difficult to produce a limited survey as a result of time or cost constraints. This briefing outlines why the dutyholder cannot now afford to accept such surveys.


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