Changes to asbestos laws

The harmonisation of the occupational health and safety laws has allowed the asbestos codes to be further refined, incorporating a range of new best practices from the asbestos industry. The codes of practice have been simplified and clarified where necessary, but at the same time the former ‘grey’ areas have been expanded in detail. Harmonisation will result in the following 10 main changes relating to asbestos management and removal:

1. Mandatory for all commercial buildings built prior to 2003 (previously 1990) to be inspected for the presence of asbestos containing materials (ACM).
2. The term ‘reasonably practicable’ has been redefined in the new documents.
3. All commercial buildings in Australia built prior to 2003 must have a copy of their site-specific ‘asbestos register’ and ‘asbestos management plan’ (AMP) located and retained at the site.
4. If the site inspection reveals no asbestos present at the site, it is now mandatory for the person in control of a business or undertaking (PCBU) or the person with management or control to maintain and produce upon request copies of all associated documentation even though asbestos was not identified.
5. Management responsibilities and workplace obligations as defined for individuals and corporations have been ‘tightened up’ significantly. The responsibilities are no longer placed solely on the ‘person in control of a premise’.
6. With respect to the obligations placed on workplaces, the majority of references to the word “should” have now been amended and replaced with the word “must”.
7. The proposed penalties and infringement notice offences have been increased to impose heavier penalties and more accountability in response to breaches. Fines will range from $6000 up to $60,000.
8. Dramatically increased level of training, licensing and competency required in order to work as an asbestos professional.
9. The WHS Act and WHS Regulations will be introduced together as the formal gazetted legislation and there will be very little ‘Case Law’. What this means is that there will be no precedents. Consequently, the Australian Government would consider prosecuting individuals and corporations for breaches of the WHS Act and Draft WHS Regulations immediately.
10. In accordance with the Draft Code of Practice - How to Safely Remove Asbestos, where the area of a corrugated roof to be removed is greater than the size of an ‘average’ house, ‘a Full Decontamination Chamber’ will be required. Further, formal ‘Occupational Clearance Certificates’ will be mandatory for all asbestos roof sheeting, guttering and downpipes projects, prior to any re-occupancy of the building.

By Suellen Benn