The new regulations affect building owners or anyone who manages buildings on behalf of an owner irrespective of whether you where compliant under the previous regulations.
What is Asbestos?
With headlines highlighting the compensation claims (as recently as May 2006) it can be safely assumed that the general populous has an inkling of what asbestos is and the risk it poses to health.
In simple terms asbestos (in it’s various forms) is a hazardous material that poses significant and recognised health risks.
The greatest health risks occur when asbestos is friable and asbestos fibres become airborne and are inhaled.
The resultant exposure is known to cause mesolthelioma, asbestosis and lung cancer.
Asbestos was used up to December 2003 but was more prevalent in the 1950’s to mid 1980’s due to it’s excellent fire resistance, insulation, fibre strength and durability. This led to applications as diverse as air conditioning duct linings, fibre cement sheets, door seals on ovens, fire-retardant materials and even hair dryer components. While asbestos use and application has been banned asbestos-containing materials (ACM) may still be found in situ in workplaces including:
• Building & Structures
• Plant & Equipment
• Friction materials; and
• Debris from ACM
The Changes
As of January 1 2006 changes to Queensland Workplace Health & Safety Regulations will see Queensland comply with the National Codes. Queensland will no longer differentiate between asbestos materials such as insulation, and products such as asbestos cement sheet. Queensland’s former requirement was a register for materials only. The changes outlined below will bring Queensland into line with the other States using the national Codes of Practice.
A number of changes have now occurred:
• The Asbestos Advisory Standard of 2004 has been repealed and has been replaced by two National Codes of Practice.
• National Code of Practice for the Management and Control of Asbestos in Workplaces
[NOHSC:2018(2005)];
• National Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)];
• All workplaces built before 1990 are required to identify, label and register all asbestos containing products before January 2008. The exception to this will be if the building is to be sold, leased, renovated, dismantled or demolished. If any of these relevant events are to occur, the owner must comply with the asbestos management code prior to the event taking place;
• From 1 July 2006 -A new license classification imposes strict licensing regime on asbestos removal
What does this mean? Are we affected?
The new regulations affect building owners or anyone who manages buildings on behalf of an owner irrespective of whether you where compliant under the previous regulations.
Scenario – A
• The building has an asbestos audit which recorded all forms of asbestos.
Requirement – A
• The asbestos audit which recorded all forms of asbestos must have a register recording the location, condition and health risks of the asbestos.
• A Management Plan must be developed, implemented and reviewed regularly.
Scenario – B
• The building had an audit which only included a register of materials (all that was required under the old regulations)
Requirement – B
• The owner will need to have the building re-audited to include all asbestos containing material and products on the register.
• A Management Plan must be developed, implemented and reviewed regularly.
Other obligations:
Consultation and involvement by everyone in the workplace, including employees, workers, contractors and others throughout the processes of identifying ACM, developing an asbestos management plan, assessing the risks and developing and implementing control measures.
Awareness training for workers, contractors and others who may come into contact with ACM in a workplace, either directly or indirectly. This is especially important when maintenance and other intrusive works are conducted.
Warning signs should be signposted if the workplace contains ACM to ensure that the asbestos is not unknowingly disturbed.
Signs should be placed at all of the main entrances to the work areas where asbestos is present. Also all identified or presumed ACM should be clearly labeled. (This can potentially have huge (negative) ramifications to residents, relatives, the community and prospective new residents.
However it is stipulated that a ‘competent person’ should determine the number and positions of the labels required).
The Asbestos Management Plan (AMP)
The Asbestos Management Plan’s (AMP) objective is to assist owners and operators of buildings to comply with the asbestos legislation and prevent exposure to airborne asbestos fibres when ACM is in situ in the workplace.
The following general principles must be applied in developing an AMP:
• The ultimate goal is for all workplaces to be free of ACM. If this is impractical consideration should be given to the removal of ACM during renovation, refurbishment and/or maintenance.
• Label all identified ACM. Where ACM is identified or presumed, the locations must be recorded in a register
• A risk assessment must be conducted for all identified or presumed ACM
• Control measures must be established to prevent exposure to airborne asbestos
• Consultation, involvement and information sharing must occur during each step of the development of the AMP
• The identification of ACM and associated risk assessments should only be undertaken by ‘competent persons’.
• Anyone that is on the premises where ACM is present must be provided with full information on the occupational health and safety consequences of exposure to asbestos and appropriate control measures. The provision of this information should be recorded. (eg. On signing in to the facility or during a facility induction.
Implementing the AMP
While the best possible result is a workplace fee of ACM, the AMP’s first concern should be the effective control of risks in the short term. Control measures should be implemented in accordance with the hierarchy of controls (see Figure beside), with elimination of the ACM being the most preferred method and Personal Protective Equipment (PPE) the least preferred approach.
The control measures should be determined from the risk assessment and should follow the following principles:
• If the ACM is unstable and there is a risk to health from exposure an asbestos removalist should be engaged as soon as practicable.
• If the ACM is friable but in a stable condition and is readily accessible, an asbestos removalist should be engaged as soon as practicable. If removal is not immediate control measures may be able to be used until removal is possible.
• If the ACM is not friable, in a good and stable condition, minimised disturbance and encapsulation may be appropriate controls*
• ACM should be clearly labelled, where possible, and regularly inspected to ensure they are not deteriorating or otherwise contributing to an unacceptable health risk.
• ACM needs to be removed before demolition, partial demolition, renovation or refurbishment if they are likely to be disturbed by those works.^
• If a material is proven or presumed to contain asbestos, it is essential to determine whether maintenance or service work can be done without disturbing the ACM.
^Note: The NOHSC Code of Practice for the Safe Removal of Asbestos [NOHSC:2002(2005)] should be referred to whenever removal is identified as the best control measure.
*Note: some State and Territory authorities do not permit sealing or encapsulation, so the relevant authority should be consulted before these measures are considered.
Due Consideration
Due to the changes outlined and the major impacts on any facility containing ACM, it is recommended that both codes be consulted. The publications are free and readily available from the Australian Government: National Occupational Health and Safety Commission website: www.nohsc.gov.au. Another source of information is the Department of Health and Ageing’s publication on Management of asbestos in the Non-Occupational Environment (where ‘non occupational’ refers to asbestos containing materials in and around the home including consumer products, land contaminated with asbestos, abandoned industrial sites, removal, handling and disposal of asbestos-containing materials, disposal of asbestos waste in non-approved disposal sites and natural geological areas containing asbestos).
By Keith Merry, manager business development, Napier & Blakeley.* http://napierblakeley.com/propertyreview%20welcome%20page.asp
