Contributed Article

Avoid asbestos claims for non-compliance

4 July 2017

Property managers need to be aware of their responsibilities relating to asbestos. Non-compliance  under the Civil Liability Act and the Work Health and Safety legislation could lead to fines of up to $3 million.

This is according to BIV Reports Pty Limited.

BIV Reports Pty Limited Director, Shane Foley said: “Property managers have a primary duty of care under section 19 of the Work Health and Safety Act to provide necessary information and to ensure, so far as reasonably practicable, that the property is safe for any person.”

What do property managers need to know?

  • The age of the property – was it built during the peak asbestos period?
  • The date of any renovations – has any asbestos on the property been removed?
  • Is the owner aware of asbestos at the property?
  • Is the owner aware of an Asbestos Register and Management plan for the property?
  • Is the owner aware of if the property was part of the loose-fill insulation removal program?

What can go wrong?

Below are two case studies that illustrate how easy it is for a property manager to get it wrong.

Case study 1 –  site shut down due to asbestos 

A property in Gladesville was having a carpet installed over old tiles and the tradesman trimmed off the bottom of the front door to stop the carpet causing an obstruction.

However as a result a white powder emerged and consequently the site was shut down. Owners, tenants, property managers, strata managers and lawyers were then engaged in a dispute. 

Shane said: “Had there been an Asbestos Register and Management Plan in place at the property, the carpet layers would have known if it was safe to alter the door, and if it was listed they would have engaged safe work practices. Luckily for this property, the tested sample came back negative.”

Case study 2 – asbestos on industrial site in Stanmore

A property manager engaged a roofer to conduct roofing repairs, who engaged a cleaner to clean the gutters which contained asbestos. 

The gutter cleaner was hitting the gutters with a chisel, which shook the roof, which contained asbestos. 

Shane explained: “This caused fibres to fall into the industrial lots below contaminating the work environment and immediately causing businesses to cease work. The cleaning of one lot amounted to $20,000.

“If there was an Asbestos Register and Management Plan, all workers attending the property would have been informed of the possibility of materials containing asbestos.

“They would then have been able to proceed with a more cautious approach, preventing asbestos contamination which resulted in stop work and expensive clean-up costs.”

Benefits of BIV Reports

BIV’s Asbestos Reports start from $330 for a single residential dwelling, and they also inspect commercial, industrial and retail premises.

Shane said: “We will make you and your owners compliant, and we inspect, identify and provide an Asbestos Report for all of your managed properties as well as the very building that your office is located in. 

“We can also take samples when requested and have these samples tested in our NATA accredited laboratory to positively determine if a material is in fact asbestos or not.”

For more information contact Shane on 0412 039 189 or 1300 107 280, or visit www.biv.com.au