Asbestos: Legal Responsibilities & Regulations
WHAT IS ASBESTOS?
Asbestos is an extremely hazardous material that poses risk to health by inhalation when the fibres become airborne and are subsequently inhaled. Asbestos is made up of very fine fibres, but the most dangerous are those naked to the eye, yet penetrate the deepest areas of the lungs.
LEGAL RESPONSIBILITIES of OWNER/CONTROLLER of PREMISES
In the current environment, the presence of asbestos on site is becoming an increasing situation for property owners and property management. As the manager/owner of properties you have certain responsibilities with regard to safety on your premises - and this includes asbestos.
Per WorkCover: "Any asbestos cement product - such as roof sheeting which has been subjected to weathering, severely damaged by hail, heat/fire, other mechanical action or illegal water blasting is a friable asbestos product and an Asbestos Removal Contractor with an AS1 license is required for its removal".
Who is classified as the controller of the premises?
As per the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2018(2005)], the "person with control" may be:
- The owner of the premises
- A person who has under any contract or lease an obligation to maintain or repair the premises
- A person who is occupying the premises
- A person who is able to make decisions about work undertaken at the premises
- An employer at the premises
Persons with control of premises have a duty of care to:
- Develop, implement and maintain an asbestos management plan
- Investigate the premises for the presence or possible presence of asbestos containing material
- Develop and maintain a register of the identified or presumed asbestos containing material, including details on their locations, accessibility, condition, risk assessments and control measures.
- Develop measures to remove the asbestos containing materials or otherwise to minimize the risks and prevent exposure to asbestos
- Ensure the control measures are implemented as soon as possible and are maintained as long as the asbestos containing materials remain in the workplace