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The New Asbestos Regime – How Do You Comply?

You will no doubt be aware by now that from 1st January 2012 there are new requirements for asbestos that lifts the depth and breadth of inspection, signage, planning and documentation. All states have pre-existing Asbestos requirements therefore in most states there is an expectation of immediate compliance. While Victoria and Western Australia have not immediately adopted the new Workplace Health and Safety laws this national code will be the expected national standard to which risk Asbestos is handled. Queensland is the only state with a formal grace period until 30th June 2013.

Which strata buildings must comply?
All strata buildings that contain a common property workplace built before 1st January 2004 must comply. Why this date? It may surprise you to know that while asbestos in the form of Crocidolite was phased out from 1967 asbestos in the forms including Amosite were used until late 2003 and not fully banned from use until 31st December 2003.

What are the asbestos survey requirements?
There is a requirement to survey the building area and identify all loose and friable asbestos as well as stable kinds found in building materials called Asbestos Containing Materials (ACM). ACM is found in all kinds of building materials.

What are the best steps to compliance?

Step 1. Get a survey done.

Go through your portfolio and ascertain which buildings were completed before 1st January 2004 (be aware of the buildings completed before 2004 and then strata titled at a later date) once you have the list gain permission to order an asbestos survey as necessary.

Step 2. Act on survey results.

All surveys whether asbestos or ACM are found, must be kept onsite and available.

If asbestos or ACM are found you need to ensure a new compliant onsite asbestos register and Asbestos Management Plan (AMP) is provided and made available to those who might be at risk. A quality AMP will tell you all you need to know.

Contractor Management
The most at risk people you deal with are your contractors. So ensure your engagement system accounts for this. Here are a few tips:

Inform the contractor that there is an asbestos register onsite that they must consult before conducting any work. This can be best done by including this in the engagement documentation.
Provide the asbestos register and AMP onsite– you can do this by choosing a document box with a 003 key lock.

How often must an AMP audit be updated?
If asbestos is found then the building needs to be regularly audited if the decision is to leave the ACM onsite in a stable encapsulated state rather than to remove it.

Conclusion
Asbestos is a serious health risk that must be managed. Immediate action to comply with the legislative changes is prudent. All pre 2004 buildings with common property workplaces need to comply. Compliance is simple with good quality properly experienced and trained advisors.

The Strata Agency would like to thank James Freestun, Managing Director of Solutions in Engineering for this article. His company has been conducting asbestos surveys for over 15 years and is the largest provider of compliance reports in Australasia.