What am I required to do?

• Have an A class licensed asbestos assessor identify all asbestos in and around your premises and assess the risks associated with the identified asbestos.
• Develop an Asbestos Management Plan and an Asbestos Register.
• Establish control measures to prevent exposure to airborne asbestos fibres.
• Communicate important information with all relevant people.
• Undertake a periodic review.

If you own a non-residential building built before 31 December 2003 or make decisions about its management (for example, as property manager), you are affected by laws relating to the management of asbestos for non-residential premises. So, if you haven't already done so, follow the six steps below to learn more about your legal requirements to safely manage asbestos in your non-residential building. These requirements are set out in full in the Dangerous Substance (General) Regulation 2004.

Step 1 and 2: Identify and Assess

The first step to managing asbestos at your non-residential premises is to engage an A class licensed asbestos assessor to identify all asbestos in and around your premises, as far as practicable. This process will most often involve taking samples to confirm any suspected asbestos.

A person who owns or is in control of non-residential premises must ensure that:

• the premises are inspected to find out whether there is any asbestos product at the premises;
• the person carrying out the inspection is an A class licensed asbestos assessor; and
• details of the inspection are included in an inspection report for the premises.

The report mentioned above must:

• identify the location, type and condition of any asbestos product found at the premises; and
• identify any inaccessible areas at the premises where the presence of something that is an asbestos product should be presumed;
• make recommendations about the placement of signs and labels to show the location, type and condition of an asbestos product found, or presumed to be, at the premises.

A person who owns or is in control of non-residential premises must ensure that:

• a written risk assessment is made of the risks associated with the asbestos product;
• the person carrying out the risk assessment is an A class licensed asbestos assessor and
• details of the assessment are included in:
  • the asbestos management plan for the premises; and
  • the asbestos register for the premises.

The risk assessment for an asbestos product must:

• take account of the following:
  • the condition of the asbestos product;
  • the likelihood of anyone being exposed to the product (e.g. location, extent, occupancy and activities carried out in the area);
  • whether the nature or location of any work to be carried out is likely to disturb the product;
  • the result of any atmospheric (air) monitoring at the premises; and
• set out the control measures considered (or used) for control of the risks associated with the product.

Step 3: Develop an Asbestos Management Plan and an Asbestos Register

Asbestos Management Plan

A person owns or is in control of non-residential premises must have an asbestos management plan for the premises. The asbestos management report you obtain from a licensed assessor will assist you in developing and putting into action your written asbestos management plan.

Your asbestos management plan must include the following:

• An asbestos register (see more details below);
• Mechanisms for providing relevant people with the asbestos register;
• Management decisions including your reasons and options;
• An action timetable, including priorities and date(s) for reviewing the risk assessment(s) and specific circumstances and activities that may impact timings;
• Arrangements to deal with accidents, incidents and emergencies;
• A procedure for reviewing and updating the asbestos management plan, including a timetable;
• Monitoring arrangements;
• Allocation of responsibilities;
• Training arrangements for workers and contractors;
• Safe work methods for managing asbestos; and
• Identified locations where warning signs and labels are to be placed.

Asbestos Register

A person who owns or is in control of a non-residential premises must have an asbestos register for the premises. The asbestos register you prepare essentially serves as a public document to help inform all relevant people of any asbestos at your premises. Therefore, it is important that the information contained in the register is kept up-to-date.

The asbestos register needs to include the following areas:

• information about the identification of asbestos products at the premises;
• the risks the asbestos products pose; and
• the control measures adopted to eliminate or minimise these risks.

The table below outlines what your asbestos register must cover. A lot of the information required for an asbestos register should be contained in your asbestos assessment report (that was prepared by your licensed asbestos assessor).

In addition to the above, you must ensure that the asbestos register contains:

• information about a review of the asbestos register including:
  • the date of each review;
  • the name of each person (licensed asbestos assessor) who conducted the review; and
  • the findings and conclusions of the review;

• information about a review of a risk assessment including:
  • the date of each review;
  • the name of each person (licensed asbestos assessor) who conducted the review;
  • the findings and conclusions of the review; and
  • the results of any atmospheric monitoring at the premises, and any assessment of the results;

• information about control measures at the premises including measures recommended or adopted because of a risk assessment;

• Information about maintenance and service work in relation to asbestos products at the premises, including:
  • the name of each person who carried out the work;
  • each date on which the work was carried out;
  • the scope of the work carried out; and
  • any clearance certificate relating to the work.

Step 4: Control

The control measures established must prevent exposure to airborne asbestos fibres and should take into account risk assessment and recommended treatment options. The measures will also take into account other legislative requirements and organisational issues, such as budgetary constraints, impact on persons or business, priorities and scheduling.

The control measures put in place must be based on the following hierarchy of control techniques, or a combination of the techniques:

• Elimination/removal (most preferred but not always practicable);
• Isolation/enclosure/sealing;
• Engineering controls;
• Safe work practices (administrative controls); and
• Personal protective equipment (PPE) (least preferred).

High priority should be given to practical removal of asbestos during any renovations, refurbishments and/or maintenance.

Step 5: Communicate

It is important that during each step of the development of your asbestos management plan, there is full consultation, involvement and information sharing with employers, workers, contractors and others at the premises. The word 'asbestos' can often create the effect of undue concern or panic in the community if proactive informative processes are not in place. The asbestos register you prepare should be made readily available accessible to all relevant people to inform them of any asbestos at your premises.

Before any work is performed, a person who owns or is in control of a non-residential premises must ensure that:

• each worker at the premises is told about the register; and
• before any work that may expose anyone to airborne asbestos fibres is done at the premises, the register is readily accessible to each of the following:
  • the worker or a representative of the worker;
  • the employer of a worker at the premises;
  • anyone removing an asbestos product at the premises;
  • anyone engaged to carry out work that may disturb an asbestos product at the premises; and
  • anyone else who may be exposed to airborne asbestos fibres because of the work.

  Training

  All workers and contractors must also have the appropriate asbestos training associated with their role. Contact your local Registered Training Organisations to find out about asbestos training courses for:

  • owners/occupiers, property managers or facility managers;
  • trades, maintenance and services sector workers;
  • licensed asbestos removalists or assessors; and
  • general community members.

  The system you put in place for controlling maintenance work is integral to preventing any work activity that might expose workers or others nearby to airborne asbestos fibres. All asbestos work must be carried out by appropriately qualified persons whether it is tradespeople, removalists and asbestos assessors and in accordance with the relevant Codes of Practice that have been adopted under ACT legislation.

  Step 6: Review

  Periodic review is critical to maintaining the safe management of asbestos on your premises. Your asbestos management plan must be reviewed if:

  • an asbestos product at the premises has been disturbed or removed; or
  • a risk assessment indicates the need for reassessment; or
  • any atmospheric (air) monitoring carried out indicates the need for a review; or
  • there has been a significant change in the premises to which the asbestos management plan relates; or
  • there is any other evidence of which you are (or should be) aware that the asbestos management plan is no longer adequate for managing asbestos products at the premises.

  In addition to the situations mentioned above, your asbestos management plan must also be reviewed no less than once every 5 years.

  You must ensure that the asbestos register for your non-residential premises is reviewed (by a licensed asbestos assessor) if:

  • a risk assessment is reviewed; or
  • atmospheric (air) monitoring is carried out on the premises.

  In addition to the situations mentioned above, the asbestos register must also be reviewed no less than once every 5 years.

  You must ensure that the asbestos risk assessment for your non-residential premises is reviewed (by a licensed asbestos assessor) if:

  • there is evidence to suspect that the risk assessment is no longer valid or adequate;
  • there is evidence to suspect that the control measures set out in the asbestos risk assessment are no longer valid or adequate;
  • a significant change is proposed for the premises, or for work practices or procedures, relevant to the risk assessment;
  • there is a change in the conditions of the asbestos (or the asbestos has been removed, enclosed or sealed).

  In addition to the situations mentioned above, the risk assessment register must also be reviewed no less than once every 5 years. A review of a risk assessment need not include more than a visual inspection of the asbestos product if the inspection is, in the opinion of the licensed asbestos assessor, sufficient to adequately assess the risk.

  Penalties apply for non-compliance with these laws.