The Work Health and Safety and State-based Worksafe/Workplace Health and Safety Regulations require that owners of workplaces keep an accurate register of asbestos-containing materials (ACM). All workplaces built before 1 January 2004 should already have an asbestos register, and safety policies and procedures for asbestos.
There is now no differentiation between asbestos materials and asbestos products, therefore all asbestos is now defined as Asbestos Containing Material (ACM).
All building owners or managers of buildings are required to engage an appropriate qualified or licensed person to identify and register ACM irrespective of whether compliance with the precious asbestos management regulations (e.g. materials only) was adhered to.
For further information, please visit (MAP of Australia, with a link to each states Legal requirements to access the WHS legislations).
If Asbestos is identified at the workplace, it is now a MANDATORY requirement that an Asbestos Audit is completed annually.
PCBU
Are you a PCBU?. If you have any management responsibilities, property owner, Director, Employer, Government Body or representative then you are a PCBU with legal safety responsibilities that cannot be transferred to another party.
- Employers
- Property Managers – Leasing & Selling Agents
- Property Owners
- Directors
- Body Corporate’s
- Home owners – before any renovation or demolition
Directors
Tougher laws now exist that affect all directors. As a director you maybe well removed from the front line workforce and not have much control over the safe well being of that workforce, however now it doesn’t matter if you have never set foot inside the factor floor. The buck now stops with you, you are now 100% responsible for all workers safety and that includes the way your company manages asbestos – the biggest killer of the Australian workforce.
Penalties
If you do not abide by the new regulations by obtaining the necessary report and register within the timeframe allotted, you may be fined. The fines can range up to $37,500.00 or six-month imprisonment, right through to fines of up to $150,000.00 or three years imprisonment.