Asbestos in buildings in Queensland which are used as a workplace
Author: Michael Kent
Published 19 November 2004
Asbestos was used in the building of houses, units, farming and commercial buildings in Coolum Beach, as well as other areas of the Sunshine Coast (Noosa Heads, Sunshine Beach, Maroochydore, Mooloolaba, Caloundra, etc), Queensland and Australia between the 1940’s and the 1980’s.
Recent publicity surrounding the Commission of Inquiry into the Medical Research and Compensation Foundation (the compensation fund set up by James Hardie Industries to compensate the sufferers of asbestos-related illnesses) and its substantial funding shortfall has again placed the prominence of the health danger posed by asbestos in the past – a danger that will continue for decades in the future.
The Queensland Government introduced legislation in November, 2000 dealing with asbestos and the obligations of building owners whose premises contain asbestos. Part 11 Asbestos of the Workplace Health and Safety Regulation 1997 (Qld) (the regulation can be found by following this link http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaR97.pdf) placed obligations on the owners of buildings which were wholly or partly used as a workplace and which were built (or partially constructed) under an approval given before 1990.
It should be noted that the provisions of Part 11 do not apply to a building used for “domestic residential purposes”, to common property serving only places used for domestic residential purposes, or to a workplace forming part of a place used for domestic residential purposes. Accordingly, the Regulation will not apply to a house, building unit or townhouse where people usually live, even where there is a workplace attached or incorporated in the residence.
Part 11 requires the owner to take reasonable necessary steps within 2 years (from 1 November, 2000 for buildings built or partially built under a pre-1979 approval or 1 November, 2002 for a pre-1990 approval) to find out if there was any asbestos in the building or in essential plant in the building. This 2-year period was shortened to an immediate requirement if the owner was selling, dismantling or demolishing the building.
Where the building was sold within the 2-year period without the reasonable necessary steps having been taken, the new owner was obliged to undertake the steps and obtain a report if it was required.
The effect of the legislation required that, where asbestos was found to be in the building, an asbestos materials report by an appropriately qualified person be given to the owner which set out:
- Where the asbestos was found in the building or essential equipment;
- The type of asbestos materials found;
- The form of the asbestos materials;
- Whether the asbestos was friable, poorly bonded or in an unstable condition; and
- Whether the asbestos materials posed any health risks to the building’s occupants.
Where asbestos was found in a building, the owner was obliged to keep an asbestos materials register for the building. The register recorded the asbestos materials report and any changes to the information due to the dismantling or demolition of the building or plant. The owner needs to prominently display a notice advising that there was a register for the building and have it available to, and accessible by, any occupant or person who entered the building for work purposes.
The owner is required to establish policies and procedures to minimise the risk of an occupant or visiting worker being exposed to the asbestos, or to minimise the exposure where it cannot be prevented. The policies must address:
- steps to restrict access to, and prevent disturbance of, the asbestos;
- work practices in the vicinity of asbestos; and
- requirements for the yearly reassessment of asbestos materials, or more frequently if the nature or location of work in the vicinity of the asbestos changes.
If the asbestos materials were friable or unstable (in a damaged or deteriorated condition), the owner was obliged to enclose, seal or remove the asbestos.
Part 11 then went on to deal with the requirements for removal of asbestos from the building including minimising the risk of exposure to fibres in the removal area, and the need to erect containment barriers to stop people at the asbestos removal site being exposed to more than a set level of asbestos fibres in the atmosphere. It also required certain action to be taken where the concentration of fibres in the atmosphere exceeded the set limit, including stopping work because of the higher concentration of fibres and the dismantling of the containment barrier after the removal process is complete.
Building owners would be well advised to read and become familiar with their obligations. If you are unsure of what you need to do, you should consult your solicitor, lawyer or building industry authority for guidance to ensure that there has been compliance with the Regulation.
If you are in any doubt, feel free to contact us for assistance.