CQ Property Developments Pty Ltd

Incident description:

On 14 May 2008 demolition works in Yeppoon were not carried out in accordance with the National Occupational Health and Safety Commission’s (NOHSC) national Code of Practice for the Safe Removal of Asbestos 2 nd Edition [NOHSC:2002 (2005)].

On the 14 May 2008 the defendant was demolishing three houses in Yeppoon. The houses contained varying amounts of asbestos containing material. Part 12.1.2 of the Code of Practice for the Safe Removal of Asbestos 2 nd Edition [NOHSC:2002 (2005)] states, ‘unnecessary breaking of asbestos-cement sheeting must not be permitted’.

The investigation findings presented to the court revealed:

• There had been a large number of asbestos sheets broken into many pieces.
• Sampling of some pieces confirmed presence of asbestos fibres.
• The exposure of workers to asbestos fibres could not be proven in the circumstances.
• The level of failure was too significant for the issuing of an on the spot infringement of $1500.

Court result:

The court found the defendant did not meet its obligations under s.69D of the Workplace Health and Safety Regulation 1997. It failed to remove asbestos in accordance with the NOHSC’s national Code of Practice for the Safe Removal of Asbestos 2 nd Edition [NOHSC:2002 (2005)].

The defendant pleaded guilty in the Yeppoon Industrial Magistrates Court on 4 September 2009 to breaching s.24(1) of the Workplace Health and Safety Act 1995, having failed to meet its workplace health and safety obligations and was sentenced with no conviction recorded.

Industrial Magistrate Ms Annette Hennessy ordered the defendant pay a penalty of $3000 as well as investigation costs and costs of court totaling $821.70.

In reaching a decision the Industrial Magistrate acknowledged the defendant failed to ensure the demolition was in accordance with the Code of Practice for the Safe Removal of Asbestos Code 2nd Edition [NOHSC:2002 (2005)].

In deciding the penalty imposed Industrial Magistrate Hennessy took into account the defendant had not been prosecuted previously for any other workplace health and safety breaches, co-operated with the investigation and entered an early guilty plea.

Her Honour stated that the code sets out important goals to protect workers and the public from exposure to asbestos and agreed this matter was too significant for an on the spot fine to be issued.

Her Honour agreed with the submissions of the prosecution that the penalty for this offence must commence at $3000 being double the on the spot fine amount.

Considerations for prevention:

When working in the demolition industry where there is exposure to risks from asbestos removal, obligation holders should apply a risk management approach to ensure the selection of suitable control measures.

Risk management involves evaluating the consequences and likelihood of harm that may result from the hazard, deciding on and implementing control measures to prevent or minimise the level of the risk from the hazard and monitoring the effectiveness of the control measures to ensure they remain working correctly.

When deciding and implementing control measures associated with the risk of asbestos removal, obligation holders should ensure that such tasks are undertaken by suitably qualified and experienced workers and in a responsible manner as per the national code of Practice for the Removal of Asbestos. Obligation holders should also ensure that prior to commencing work on a construction site, the principal contractor must complete a construction safety plan and work method statement. This will assist the contractor in assessing how the work on site will be completed in a safe manner.

Visit the Workplace Health and Safety Queensland website for more information on:

• building and construction guide (orange book)
• health and safety information for construction
• managing risk
• Information paper AR1- Approved criteria for a certificate to perform work to remove friable asbestos containing material
• Information page AR2 - Requirements for a competent person to supervise work to remove friable asbestos containing material
• Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC:2002(2005)]
• Risk Management Code of Practice 2007
• Workplace Health and Safety Act 1995
• Workplace Health and Safety Regulation 2008.