Alleged exposure to risks associated with airborne asbestos leads to $210K+ EUs

Following alleged contraventions of the Work Health and Safety Act 2012 (SA), SafeWork SA has accepted enforceable undertakings (EUs) from a gym operator and its director related to 2023 demolition and renovation works. A SafeWork investigation alleged that workers and others were exposed to risks associated with airborne asbestos; the gym operator and its director failing to adequately identify and manage asbestos risks in accordance with the approved Code of Practice: How to Manage.

It was also alleged that the director failed to exercise due diligence to ensure the company complied with its WHS duties. No injuries were reported in connection with the incident. “Asbestos exposure can have devastating, lifelong consequences, and there is absolutely no excuse for failing to properly identify and manage this hazard,” SafeWork SA Executive Director Glenn Farrell said.

“Enforceable undertakings allow us to secure meaningful, enforceable outcomes that go beyond compliance and deliver real safety improvements across industry,” Farrell added. “Directors and company officers have a clear legal obligation to exercise due diligence, and that includes ensuring appropriate systems are in place before work begins.”

As part of its key commitments, the company will invest at least $67,000 in safety initiatives, including: maintenance of safe systems of work; independent third-party WHS audits; training for workers to maintain and/or improve knowledge and skill set in the gym workplace; donation to an asbestos-related charity and Australian Men’s Shed Association; and gym safety courses delivered to gym patrons.

In a separate EU, the director will invest more than $146,000 in key initiatives that include: producing a professional educational video on asbestos safety for small businesses; publishing educational material in metropolitan and regional media; the distribution of the National Awareness Campaign’s materials during National Asbestos Awareness Week in 2026; supporting asbestos research and community organisations through donations; removing asbestos from a community-accessible building; and undertaking WHS training to strengthen officer due diligence knowledge.

Compliance with both EUs will be monitored by SafeWork SA.

Image credit: iStock.com/georgeclerk. Stock image used is for illustrative purposes only.