Asbestos claims specialists at Larcomes welcome the ruling of the Supreme Court yesterday which held that an occupier of a site is responsible for all people on site, not merely those people on site who are employed by the occupier. We welcome this decision as it gives greater protection for workers, confirming that site occupiers have a responsibility for all people on their site.
This case concerned a gentleman who had contracted the asbestos related cancer mesothelioma when he was exposed to asbestos dust when he as part of his day to day job visited Battersea Power Station to pick up waste products. He was not employed by the occupier of the site at Battersea power station but nevertheless it was held the site occupier at Battersea power station still had a responsibility towards him. In addition this ruling has also held that the Asbestos industry regulations apply to all factories using asbestos.
Previously, defendants have tried to argue that the Asbestos Industry Regulations only applied to factories directly involved in the asbestos industry but these arguments have been firmly rejected by the Supreme Court.
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