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Working on asbestos? The cost of not knowing your legal obligations

Asbestos clean-up bills have cost private contractors tens of thousands of dollars and in a number of recent cases have even reached in excess of $100 000. These could have been prevented if appropriate methods of working with the asbestos material were determined before starting the job.

Private contractors are often called in to domestic premises to clean and/or paint an old roof, undertake renovations or even knock down an old structure. It is important that you know what to do if you come across or suspect the material you are working with contains asbestos.

Ignoring your legal obligations won't just cost you the decontamination and clean-up bill. You could also face up to a $75 000 fine or one year's jail as an individual or $375 000 for a corporation.

Using high-powered water hoses to clean roofs which contain asbestos is an example of inappropriate work and is prohibited by law. Fibres can be dislodged and fall into surrounding areas and neighbouring properties. Appendix E in the Code of Practice for the Management and Control of Asbestos in Workplaces provides guidance on cleaning and painting asbestos cement products.

Another inappropriate work practice is the use of high powered cutting equipment including drills while working on asbestos containing material. For example, drilling into wall sheeting that contains asbestos. Using high powered drills can release asbestos fibres into the air. This can simply be prevented by the contractor using a manual drill and a wet technique to contain asbestos dust.

When a contamination has occurred Workplace Health and Safety Queensland will be called in to investigate. If this happens you may be issued with a prohibition notice to stop the work, an improvement notice to clean up the contamination or to undertake air monitoring or an on-the-spot fine. This will be costly as you will probably need to employ an expert licensed asbestos removalist to clean-up any contamination.

Identifying asbestos
Asbestos was typically used in fibro roofs, walls and archways. In many older houses fibro was also used internally for wet areas such as kitchens, bathrooms and laundries. Asbestos cement can also be found in flat, profiled and corrugated sheets, shingles, rigid board insulation, underlay, floor and ceiling tiles, pipes and guttering.

Due to the potential for serious health risks associated with inhaling asbestos fibres it is essential that exposure to it is effectively managed. These fibres are a major health hazard and the adverse health effects, such as lung cancer, can take decades to become evident. The lack of immediate health effects has often meant that victims are unaware of the dangers.

It is often very difficult to identify asbestos by sight. The only way to be certain is to have a sample of the material analysed by an accredited laboratory. If you suspect the work you are undertaking contains asbestos-containing materials (ACM) you must stop work immediately and have a sample tested. If you are not sure play it safe and assume that it does contain asbestos.

Removing an asbestos sample must only be carried out by a competent person, such as a builder holding a Class B licence for asbestos removal work.

For more information on identifying asbestos and where this can be done visit the National Association of Testing Authorities website at www.nata.asn.au or call (07) 3870 3844.

If you wish to obtain a Class B asbestos removal licence visit www.worksafe.qld.gov.au or call the Workplace Health and Safety Infoline on 1300 369 915.

If there is any known or suspected asbestos on the premises you must notify the owner, occupier and/or resident, and any other persons affected by the work such as neighbouring properties.

In any situation where 10 square metres or more of bonded ACM or any amount of friable ACM is to be removed, a licensed asbestos removalist must be employed to remove it. If the amount is less than 10 square metres, although a licensed asbestos removalist isn’t required, it still must be removed in accordance with the national Asbestos Removal Code.

To find an asbestos removalist refer to the Yellow Pages under ‘asbestos’ or call the Asbestos Industry Association on (07) 3870 5561.

Click here for health and safety tips on working with or removing asbestos

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