Contributed Article

According to the Federal Government, approximately one third of all homes built in Australia contain asbestos products. In addition, workplaces may also contain asbestos. 

There are set duties, obligations and responsibilities for a person in the management or control of a workplace that may contain asbestos under the Work Health and Safety legislation in NSW.

There are requirements to obtain and periodically review an Asbestos Register and the Asbestos Management Plan no later than each five years, however prudent practice is to complete a review every one to two years.

​Separate to the Work Health and Safety legislation there are owner liabilities for any hazardous material located on a property that may cause harm to any person. These responsibilities are set out under the common law duty of care as well as codified in the Civil Liability Act.

So what are your obligations and how can you fulfil them? Ask yourself these three questions:

1. Do you manage properties that contain asbestos?

Then you have responsibilities under the Civil Liability Act and the Work Health and Safety legislation, with hefty fines for non-compliance.

2. Do you send contractors to those properties?

Then you have a Primary Duty of Care under Section 19 of the WHS Act to provide necessary information, and to ensure, so far as reasonably practicable, that the workplace is safe for any person.

3. Do you provide your contractors with an Asbestos Register and an Asbestos Management Plan?

Then you would comply with the strict responsibilities under Part 8.3 of the WHS Regulation.

BIV can help

BIV Reports Pty Limited, a REINSW Commercial Partner, provides specialist advice and guidance in the identification and control of Asbestos in managed properties. 

They provide cost-effective asbestos compliance for you and your owners, and also assist your contractors to take the necessary precautions in dealing with asbestos when in the workplace.

BIV will inspect, identify and provide both an Asbestos Register and an Asbestos Management Plan for all of your managed properties as well as the very building that your office is located in. They can also take samples when requested, and have these samples tested in their NATA-accredited laboratory to positively determine if a material is in fact asbestos.

The BIV Asbestos Reports (including Asbestos Register and Asbestos Management Plan) start from an affordable $330 for a single residential dwelling. They also inspect commercial, industrial and retail premises.

To find out more, or to discuss any asbestos or safety matter with no obligation, please call Shane Foley on 0412 039 189 or 1300 107 280.