Asbestos sub-contractor held to be waste "producer"

The Scottish High Court of Justiciary has provided a rare interpretation of the meaning of the term waste "producer" in rejecting an appeal against convictions which arose from an asbestos removal contract in Paisley. The ruling implies that responsibility for securing the legal disposal of waste rests with contractors conducting similar work rather than with their clients, but an ambiguity in the Government's code of practice on the "duty of care" suggests that caution is advisable in taking this approach too literally.

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