Asbestos violations can be prosecuted. Either in the form of environmental offenses or in the form of working conditions offenses.
Consider not having an asbestos inventory report for demolition, for not having a permit for asbestos removal work, for not (having) removed asbestos by a certified company, for illegally dumping asbestos or for causing danger to the public. health.
The Policy rule on disclosure of inspection data for serious or serious asbestos violations determines in which cases inspection data may be disclosed. Publication is fierce, which can have enormous consequences for your company. For various dishes, disclosures are challenged, more and more successfully. The government recognizes that the current legal basis is not valid and is in the process of adapting the underlying laws and regulations.
Unfortunately, in the meantime you can still be confronted with (threatening) publications. Our experience is that you can (temporarily) prevent it being made public by means of an administrative urgency procedure.
For a long time there have been disputes between asbestos sanitarians and the building funds as to whether asbestos sanitisers belong to the Construction CLA. Many asbestos sanitation activities are not covered by this collective labor agreement, or not at all under a collective labor agreement. It is important to determine what the majority of activities are.
Examples of activities that do not or may not fall under the CLA are:
- Asbestos removal in technical installations
- Asbestos removal after a calamity (think of a fire)
- The remediation of separate elements from a building (for example floor coverings).
- Asbestos removal outside a building