I am writing to advise you of an illegal practice currently evident in our industry. I represent a specialist recruiter operating in the environmental sector with a specific emphasis on the supply of asbestos removal workers.

Recruiters supplying temporary workers to the asbestos removal industry must be licensed by the Health and Safety Executive (HSE).

On a regular basis I find ’unlicensed’ recruitment agencies recruiting for and supplying asbestos removal workers for temporary projects. This is a breach of legislation.

I am currently in discussions with the head of the HSE Asbestos Licensing Unit to publicise this problem within the asbestos industry and he has agreed to contribute a few comments to an article I am writing for the next issue of a trade publication produced by the asbestos industries leading trade body, the Asbestos Removal Contractors Association (ARCA).

I believe that some recruiters ’innocently’ stumble across this type of business, while others are fully aware and are trying to make a quick buck before the enforcing authorities catch up with them.

However, HSE is very clear that ignorance is no defence and they have the power to prosecute any individual or organisation found guilty of breaking the law. The end user, the licensed asbestos removal contractor, should be fully aware that they must only hire temporary labour from a licensed labour supply agency or a fellow removal contractor, however there are always those who attempt to operate outside of the regulations. End users found to be using temporary labour from an unlicensed source are also likely to face severe punishment.

My concerns with the present illegal practice are many but centre around a few main points in particular, the first being concerns regarding the health and safety risk to asbestos workers supplied by the unlicensed agencies.

This is a legislation-heavy industry with many risks. Unlicensed agencies are not likely to be aware of the legislation of this industry, which can only lead to poor practice and the possibility of accidents and injury with unsafe or untrained labour being sent to sites.

Secondly, asbestos-related illness occurs after a latency period, often 20-40 years after the original exposure to asbestos. Licensed asbestos labour suppliers are required to hold asbestos-specific insurance. The asbestos specifics of this insurance are designed to cover the possibility of one of our workers (past, present or future) developing an asbestos-related illness (which are usually extremely aggressive in nature) and therefore any relevant compensation claim they may have against former employers.

Previous cases have resulted in six-figure settlement sums being paid to the claimant, however no sum of money can replace one’s health or make the loss of a loved one easier. The unlicensed agencies cannot insure their workers for asbestos claims as asbestos-specific insurance of this type is only available to holders of a HSE licence - unlicensed agencies are not covering their workers in any way at all.

Official HSE figures state that around 20 tradesmen die each week from asbestos-related illness.

My third concern is for those recruiters who are genuinely operating with no knowledge of the licensing requirements but are nonetheless at risk of prosecution by the HSE. Although the unlicensed practice causes me untold frustration, I would take no pleasure in hearing a company that a supplying asbestos labour in good faith or blissful ignorance was successfully prosecuted by HSE for not holding the required licence.

But as stated earlier, ignorance is no defence, particularly in the eyes of the HSE.

HSE is shortly to publicise new guidance on this subject to the asbestos industry and other interested stakeholders.

Dominic Fagan, director, Tradeslink Asbestos Services