Obligations to identify and manage asbestos
Under Part 13, Division 3, of the Workplace Health and Safety Regulation 2008 owners of certain buildings and structures that are workplaces must comply with the requirements of the asbestos management code.
Under the Workplace Health and Safety Act 1995, owner is defined to include -
- a person who holds legal title;
- a person who has control of a thing, structure or place;
- a person who manages a structure or place as agent for the person holds title or the person who has control;
- a mortgagee in possession;
- a lessee;
- a trustee;
- a receiver, liquidator or company administrator.
Under Part 7 of the asbestos management code (non-Queensland Government link) owners of workplaces have obligations to:
- develop and implement and maintain an asbestos management plan
- investigate the premises for the presence or possible presence of asbestos-containing materials (ACM)
- assess the condition of any ACM that are found and the associated asbestos risks
- develop measures to remove the ACM or otherwise to minimise the risks and prevent exposure to asbestos
- ensure the control measures are implemented as soon as possible and are maintained as long as the ACM remain in the workplace
- develop, implement and maintain an asbestos management plan.
Under Part 7 of the asbestos management code (non-Queensland Government link) owners are also required to:
- consult with people at the workplace who may be affected by the presence of ACM; for example employers, workers, contractors and occupants
- provide information and training for workers, contractors and other people who may come into contact with ACM. The training may include procedures to be followed to prevent exposure, the types and locations of asbestos and the health risks of asbestos.
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