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The Workplace Health and Safety Regulation 1997 requires owners of buildings and structures that are workplaces to comply with the requirements of the asbestos management code.
An owner is defined to include a person who has control of or manages a workplace and a lessee, licensee, mortgagee in possession and a receiver or company administrator.
Owners of workplaces have obligations that may be summarised as follows:
- develop and implement and maintain an asbestos management plan
- investigate the premises for the presence or possible presence of asbestos-containing materials (ACM)
- assess the condition of any ACM that are found and the associated asbestos risks
- develop measures to remove the ACM or otherwise to minimise the risks and prevent exposure to asbestos
- ensure the control measures are implemented as soon as possible and are maintained as long as the ACM remain in the workplace.
Owners are also required to:
- consult with any person who may be affected by the presence of ACM;
- such as employers, workers, contractors and occupants.
- provide information and training for workers, contractors and other people who may come into contact with ACM.
The training may include procedures to be followed to prevent exposure, the types and locations of asbestos and the health risks of asbestos.
All workplaces built before 1 January 1990 should already have an asbestos register, and safety policies and procedures for friable asbestos. By 1 January 2008 all workplaces must comply with the asbestos management code, which specifies obligations in relation to both friable and bonded asbestos material.
An asbestos management plan helps owners of workplaces comply with asbestos prohibitions and to prevent exposure to airborne asbestos fibres. The plan should set out clear aims, stating what is going to be done, when it is going to be done, and how it is going to be done.
It should include:
- the workplace""s register of ACM
Details of maintenance or service work on the ACM including:
- who performed the work
- the dates it was done
- the scope of the work
- any clearance certificates (see clearance inspections, part 11.10 of the asbestos management code)
how people at risk are informed about ACM in the workplace, the risks they pose and the control measures in place decisions about management options and the reasons for these decisions a timetable for action, including priorities and dates for reviewing risk assessments and specific circumstances that may affect the timetable monitoring arrangements the responsibilities of people involved in the plan training arrangements for workers and contractors a procedure for reviewing and updating the management plan and the register of ACM, including a timetable safe work methods.
The following general principles must be applied in developing an asbestos management plan:
the goal should be to rid workplaces of asbestos wherever possible rather than seek to control risk by sealing, enclosing or encapsulating asbestos-containing material all asbestos-containing material (ACM) should be labelled and recorded in a register a risk assessment must be conducted for all identified or suspected ACM control measures must be put in place to prevent exposure to airborne asbestos fibres there must be full consultation, information sharing and involvement during the development of each step of the asbestos management plan the identification of ACM and associated risk assessments should only be undertaken by competent people all people on premises where ACM are present must be fully informed about the consequences of exposure to asbestos and appropriate control measures.
By 1 January 2008 all workplaces must comply with the asbestos management code, which specifies obligations in relation to both friable and bonded asbestos material.
Even if no asbestos is found, a register should still be kept which records this fact.
The ASBESTOS MANAGEMENT CODE details the information that the register should contain. This includes:
Identification
dates of inspections locations of asbestos details of materials presumed to contain asbestos inaccessible areas that contain asbestos analysis results.
Risk assessment
dates of risk assessments and details of the competent person that performed them findings and conclusions of risk assessments results of any air monitoring for airborne asbestos fibres.
Control measures
the control measures resulting from a risk assessment full details of any maintenance work or service on ACM.
The register is to be made available to:
workers and their representatives any other employers within the premises any person removing ACM any person engaged to perform work that may disturb ACM any other person who might be exposed.
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