Tony Ham Insurance Brokers Limited

"New business
brings new risks"

ASBESTOS INSURANCE MANAGEMENT

Asbestos and asbestos insurance management
“Contractors may have more liability to asbestos issues than they think and insurance cover is difficult to obtain. Acts of Parliament and Statutory Instruments require the assumption that all materials contain asbestos unless proven otherwise. Asbestos Containing Materials (ACM) have to be treated as though they were asbestos ” Says Steve Walker of THIBL in a paper presented to the Highways Agency.

The Health and Safety at Work etc. Act stipulate specific duties for those who own, occupy, refurbish, repair and maintain buildings and for asbestos removal contractors highlighted by various Control of Asbestos at Work regulations:
To manage asbestos in non domestic premises: to identify the presence, type and condition of asbestos and whether it presents a risk.
To carry out risk assessments of asbestos exposure and produce a plan of corrective work. To prepare procedures, information and warning systems for emergencies related to asbestos usage or damage and removal and repairs involving asbestos.
To prevent and control exposure to asbestos. Undamaged asbestos must be managed to maintain it in an undamaged state and an emergency plan established. Damaged asbestos must be removed by a qualified expert
To monitor control measures and the condition of asbestos
To notify the HSE if work involving asbestos is taking place
Provide training and information to employees who may be exposed
To screen the health of employees who may be exposed to asbestos
To keep health records of employees exposed to asbestos

The regulations require any person with repair and maintenance responsibilities for premises with asbestos to manage the asbestos in the location and to inform those likely to disturb them on their location and condition. There may be more than one duty holder and each one has the obligation to cooperate with the others.

All of the above represents considerable risk for the contractors and employers involved.

Legal liability insurance for asbestos risks is, however, not readily available. Virtually all new and renewed Public and Employers Liability policy wordings exclude asbestos liability.

Professional Indemnity insurance with asbestos cover may be obtained but only for negligence claims against the contractor and not for indemnity for bodily injury and property.

To secure asbestos insurance a special presentation and supporting case has to be made to the underwriter. If cover is provided it is likely to require a substantial element of co-insurance or deductible and significant premium.

The Consultancy Division of THIBL has considerable expertise and experience in the field of asbestos and asbestos insurance management and would be happy to provide you with further advice about your particular situation

Please contact us by telephone on 020 7248 8801 or by email riskmanagement@thibl.co.uk if you have any specific needs.




"New business brings new risks"	ASBESTOS INSURANCE MANAGEMENT Asbestos and asbestos insurance management “Contractors may have more liability to asbestos issues than they think and insurance cover is difficult to obtain. Acts of Parliament and Statutory Instruments require the assumption that all materials contain asbestos unless proven otherwise. Asbestos Containing Materials (ACM) have to be treated as though they were asbestos ” Says Steve Walker of THIBL in a paper presented to the Highways Agency. The Health and Safety at Work etc. Act stipulate specific duties for those who own, occupy, refurbish, repair and maintain buildings and for asbestos removal contractors highlighted by various Control of Asbestos at Work regulations: To manage asbestos in non domestic premises: to identify the presence, type and condition of asbestos and whether it presents a risk. To carry out risk assessments of asbestos exposure and produce a plan of corrective work. To prepare procedures, information and warning systems for emergencies related to asbestos usage or damage and removal and repairs involving asbestos. To prevent and control exposure to asbestos. Undamaged asbestos must be managed to maintain it in an undamaged state and an emergency plan established. Damaged asbestos must be removed by a qualified expert To monitor control measures and the condition of asbestos To notify the HSE if work involving asbestos is taking place Provide training and information to employees who may be exposed To screen the health of employees who may be exposed to asbestos To keep health records of employees exposed to asbestos The regulations require any person with repair and maintenance responsibilities for premises with asbestos to manage the asbestos in the location and to inform those likely to disturb them on their location and condition. There may be more than one duty holder and each one has the obligation to cooperate with the others. All of the above represents considerable risk for the contractors and employers involved. Legal liability insurance for asbestos risks is, however, not readily available. Virtually all new and renewed Public and Employers Liability policy wordings exclude asbestos liability. Professional Indemnity insurance with asbestos cover may be obtained but only for negligence claims against the contractor and not for indemnity for bodily injury and property. To secure asbestos insurance a special presentation and supporting case has to be made to the underwriter. If cover is provided it is likely to require a substantial element of co-insurance or deductible and significant premium. The Consultancy Division of THIBL has considerable expertise and experience in the field of asbestos and asbestos insurance management and would be happy to provide you with further advice about your particular situation Please contact us by telephone on 020 7248 8801 or by email riskmanagement@thibl.co.uk if you have any specific needs.


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