Asbestos management guidelines
Contents
Introduction
Objectives
Asbestos background
Department of Human Services
Department policy and relevant Regulations
Responsibilities
Legislative obligations
Obligations under Division 5, Part 4.3 of the OHS Regulations
Obligations under Division 6, Part 4.3 of the OHS Regulations 2007
Responsibilities for Department of Human Services-managed facilities
Responsibilities for Department of Human Services agencies/NGO services
Responsibilities for residential properties—Housing and Community Building (H&CB) tenancies
Summary of asbestos management responsibilities
Record keeping
Maintenance and minor works
Asbestos removal, major or demolition works
Risk assessment, risk management and removal process
Overview
Identify if asbestos risk exists
Undertake assessment of exposure risk
Key steps in the risk assessment
Develop an asbestos management plan
Key components of the asbestos management plan
Key outcomes of the asbestos management plan
Implement the asbestos management plan
Regularly review and reassess
Consultation
Risk assessment, disturbance potential and priority risk ratings
Asbestos identification and risk assessment process
Material condition exposure risk
Material type and friability
Surface coating
Physical damage and weathering
Assessment of disturbance potential rating
Risk assessment under Division 5, Part 4.3 of the OHS Regulations 2007
Pre-construction removal or demolition works
Priority risk ratings
Examples of application of priority risk assessment
Reporting, implementation, review and assessment
Compliance reporting
Implementation of the asbestos management plan
Key implementation tasks
Regular reviews and reassessments
Consultation
Information provision
Record keeping
Maintenance and minor works
Asbestos removal, major or demolition works
Key legislative requirements for asbestos removal
Requirements of the independent hygiene services
Asbestos Removal Management
Asbestos abatement tender documentation
Management of abatement operations
Facility management
Project manager
Consultant hygienists
Clearance certificate and abatement records
Key consultants and contractors
Engaging of contractors
Induction and contractor safety requirements
Asbestos auditor
Asbestos removal contractor
Occupational hygienist
Scope of Works
Asbestos risk assessment
Priority risk assessment
Provision of training and induction
Hygiene services
Technical hygienist services
Air monitoring
Sampling method
Lowest reportable statistical airborne fibre concentration
Definitions, acronyms and references
Definitions
Abbreviations
References
Certificate of compliance
Introduction
Objectives
These Guidelines outline the Department of Human Services’ policy framework for asbestos management, including:
- the asbestos risk assessment process
- asbestos register
- prioritising risk and management programs
- monitoring and reporting requirements
- compliance.
This document complements Australian and international safety, workplace and health information. The References section lists more Australian Government legislation, Regulations and practice guidelines, as well as relevant publications, which you should also refer to.
These Guidelines will assist senior officers and staff to:
- manage asbestos risks in the Victorian workplace
- reduce the overall asbestos risks related to Department of Human Services operated or funded services including compliance with the Part 4.3 of the OHS Regulations 2007 (the Regulations)
- ensure that the Department of Human Services’ non-delegable duty of care issues are appropriately managed.
Asbestos background
Asbestos is the generic term applied to naturally occurring fibrous mineral silicate, which was used extensively for its insulating and fire retardant qualities. Asbestos was widely used in Australiaas a construction material from the 1940s to the late 1980s. The use of asbestos in gaskets was only phased out from the late 1990s. Although manufacture of asbestos-containing materials (ACMs) for the construction industry ceased in the late 1980s, some asbestos-based products from existing stock may have been used later.
Asbestos is now recognised as a public health risk if the fibres can be inhaled (see Risk assessment, disturbance potential and priority risk ratings).The risk of exposure to asbestos is directly related to airborne asbestos fibres produced by disturbing asbestos-containing materials. The risk may involve direct or indirect exposure of staff, contractors, visitors, clients and neighbours of the facility that contains asbestos.
Department of Human Services
The Department of Human Services (DHS), its agencies and funded NGOs deliver health and community care and services, public housing, disability and custodial services. Approximately 72 per cent of the department’s budget is spent on services provided by external agencies under service agreements with the department. These agencies include a range of non-government and government-related organisations, such as:
- public hospitals
- community service organisations
- community health services
- ambulance services
- local government.
In delivering these services, the department directly employs more than 11,000 people, and funds organisations such as hospitals, aged care facilities, ambulance services and community service agencies which collectively employ more than 100,000 people.
These services are delivered on behalf of the ministers for Health, Community Services, Aged Care and Housing from a range of facilities, many of which were built or refurbished in a period when asbestos was used.
Department policy and relevant Regulations
The Department of Human Services’ mission is to enhance and protect the health and wellbeing of all Victorians, with a specific concern for vulnerable groups and those most in need.
The department is committed to providing health and community services in a safe and cost-effective manner that minimises the risks to staff, clients/patients and other stakeholders. Therefore, the department seeks to prevent/minimise asbestos-related health risks in all department-operated facilities and where the department may have a duty of care. The department has a similar objective to ensure that funded agencies’ appropriately manage asbestos-related risks where they may affect department-funded services.
The Department of Human Services and its funded agencies shall comply with current legislative and regulatory requirements governing asbestos. Managers and practitioners shall ensure they are using the latest version of all relevant guidelines and statutes. These include:
- the Occupational Health and Safety (OHS) Act
- Accident Compensation Act 1985
- Part 4.3 of the OHS Regulations 2007
- Wrongs Act 1958.
Under the Part 4.3 of the OHS Regulations 2007, the ‘employer’ and the ‘person who manages or controls workplaces’ have an obligation and duty to identify, control and manage asbestos risk in the workplace. Some department-funded services and/or facilities have duty- of-care obligations in addition to the regulatory requirements. The OHS Act defines who constitutes the ‘person who manages or controls workplaces’, and therefore assigns the duties of this designation.
Responsibilities
Legislative obligations
The Occupational Health and Safety (Asbestos) Regulations (‘the Regulations’) impose obligations on the ‘employer’ or the ‘person who manages or controls workplaces’ to eliminate, as far as reasonably practicable, the exposure of persons to airborne asbestos fibres at the workplace.
The employer may simultaneously manage or control, and be a worker in, a workplace. However, where the department leases a property to an agency, determining whether it constitutes the ‘person who manages or controls workplaces’ depends on the terms of the lease. If the lease does not vest responsibility for control and management of the building with the agency, then the department is obliged to comply with the Regulations.
The most relevant parts of the Part 4.3 of the OHS Regulations 2007 for the purposes of these Guidelines are Division 5 and Division 6.
Additional information on the the Occupational Health and Safety (Asbestos) Regulations can be obtained at the Worksafe Victoria website
Obligations under Division 5,Part 4.3 of the OHS Regulations
Under Division 5, the employer or ‘person who manages or controls workplaces’ shall:
- locate and identify asbestos
- determine condition, friability and risk of deterioration or potential for disturbance associated with the asbestos
- undertake specific measures to control that risk.
The risk assessment undertaken shall be reviewed at intervals not exceeding five years. The ‘person who manages or controls workplaces’ shall provide a copy of the results of identification and risk assessment to any employer or self-employed person who is a tenant at the workplace or to any person engaged in work that could involve exposure to asbestos.
Division 5 requires an employer to obtain a copy of the results of asbestos identification and risk assessment from the ‘person who manages or controls workplaces’. The employer shall then undertake an assessment of the risk associated with asbestos, having regard to the activities undertaken. The employer shall notify the ‘person who manages or controls workplaces’ of any risk. The employer shall also undertake a process of identification, risk assessment and specific measures to control risk in relation to asbestos. The risk assessment shall be reviewed at intervals not exceeding five years.
The duties imposed on the ‘person who manages or controls workplaces’ under Division 5 do not apply to domestic premises used solely for domestic purposes on which work is undertaken at the request of the occupier.
Obligations under Division 6,Part 4.3 of the OHS Regulations 2007
Division 6 imposes further obligations on the employer and ‘person who manages or controls workplaces’ regarding asbestos when carrying out demolition works or refurbishments.
Division 6 applies to domestic premises if major refurbishment or demolition works are planned.
Responsibilities for Department of Human Services-managed facilities
The Department of Human Services is responsible for the management of asbestos-related risks in departmental offices and service provision facilities, where the department is the employer or acts as the ‘person who manages or controls workplaces’ of the site.
Responsibilities for Department of Human Services agencies/NGO services
Department-funded agencies and NGOs, acting as the employer or ‘person who manages or controls workplaces’ of the site, are typically responsible for the management of asbestos-related risks in their facilities—even when the facility is leased from the department. The agency or NGO has specific asbestos-related duties under the Part 4.3 of the OHS Regulations 2007, as well as a duty of care to clients, visitors and contractors entering or located at the site.
Services where the department has a duty of care shall provide an annual declaration to their respective Division Executive regarding asbestos, using the Certificate of compliance, when there are:
- children who are under the guardianship or in the custody of the department living at agency facilities
- persons are held against their will by the department (such as a youth in custody) at agency facilities.
Responsibilities forresidential properties—Housing and CommunityBuilding (H&CB) tenancies
The Director of Housing and Community Building, to the extent that they constitute the ‘person who manages or controls workplaces’ of domestic premises, is not obliged to comply with Division 5,Part 4.3 of the Victorian OHS Regulations, but shall comply with Division 6 when carrying out demolitions or refurbishments.
Division 6 provides that if refurbishment works or demolition works are planned, the ‘person who manages or controls workplaces’ of the premises (including domestic premises) is obliged to undertake a Division 6 asbestos identification audit. If asbestos-containing materials are found, they must be removed by a licensed contractor and the site declared clear before works commence.
When a residential property becomes a workplace, because of demolitions or refurbishments, the Housing and CommunityBuilding shall also comply with the provisions of Division 6 during the upgrade and demolition works.
An asbestos audit must be undertaken if major works or demolition is planned for a Housing and CommunityBuildingsite that:
- was constructed during the period when asbestos was used
- has, or might have, asbestos-containing materials (ACMs).
If asbestos is present, it must be removed before works commence.
Summary of asbestos management responsibilities
Entity responsible for site (the person who manages or controls the workplace, or the employer at the facility) / Audit tasks / Reporting and complianceDepartment of Human Services / The department shall arrange an asbestos audit to comply with the OHS Act.
An audit shall be conducted every five years unless all asbestos is removed. / The department shall manage an asbestos register for departmental workplaces.
There shall be annual reviews of the site’s asbestos risk reported to management.
Department-funded agency or NGO / The funded agency or NGO shall arrange an asbestos audit to comply with the OHS Act.
The funded agency or NGO shall manage an asbestos register and also manage asbestos-related risks. / Where a departmental duty of care exists, the funded agency or NGO shall report asbestos compliance to the department in addition to their own risk management processes.
For other facilities, the report on asbestos compliance shall be made to the agency’s or NGO’s management.
Housing and CommunityBuilding / When carrying out demolitions or refurbishments, the H&CB shall undertake a Division 6 asbestos risk assessment. / The Director of Housing and CommunityBuilding shall report asbestos on compliance for their facilities.
An asbestos audit must be undertaken if major works or demolition is planned for a workplace that:
- was constructed during the period when asbestos was used
- has, or might have, asbestos-containing materials (ACMs).
If asbestos is present, it must be removed before works commence.
Record keeping
Management shall ensure that a current asbestos register and the asbestos management plan are available to relevant staff and contractors when requested.
The department recommends that records be retained for 50 years after the removal of all asbestos or demolition of the facility.
Maintenance and minor works
Unlicensed trained personnel may carry out removal of minor quantities of non-friable asbestos, and undertake minor maintenance work and other activities where asbestos is presented under certain conditions, including:
- accessing ceilings containing asbestos-containing materials
- painting and patching of asbestos cement (AC) sheeting
- periodic replacement of non-friable or bonded asbestos gaskets
- installation of minor manual drill cuts to asbestos-containing materials cladding with tools fitted with engineering controls such as local exhaust ventilation.
Details of how the Regulations relate to maintenance and minor works are given in Maintenance and minor works.
Asbestos removal, major or demolition works
If asbestos removal works, major works involving renovation, refurbishment and/or demolition of the workplace are proposed, an updated and comprehensive risk assessment is required under Division 6 of the Regulations.
Before commencing asbestos removal, staff and potentially affected properties shall be advised and notified.
On completion of asbestos removal, a clearance certificate shall be issued by an independent consultant, such as an occupational hygienist. See Asbestos removal, major or demolition works.
Risk assessment, risk management and removal process
Overview
The employer or ‘person who manages or controls workplaces’ shall assess and manage any asbestos-related risks in their workplaces if the building (including plant that is part of the structure, lifts, boilers) might contain asbestos.
An asbestos risk assessment shall be carried out in accordance with the requirements of Division 5 of the Regulations. The asbestos risk register and assessment includes identification of asbestos, and the determination of the type, location, friability and material condition of the asbestos-containing materials.
Where renovation or demolition work is involved, a more intrusive asbestos risk assessment shall be undertaken in accordance with Division 6 of the Part 4.3 of the OHS Regulations. This risk assessment shall investigate building elements and surfaces that could be disturbed by the activities of renovation, refurbishment or demolition, and shall define the extent of asbestos-containing materials in detail.
The elements of the asbestos management plan and risk assessment considerations are outlined below.
Identify if asbestos risk exists
The first step in the management of asbestos risks is to determine if the building could contain asbestos. Buildings that were constructed from 1940 to 1990 are most likely to contain asbestos. Buildings constructed after 1990 are unlikely to contain asbestos, but may contain limited amounts in areas such as pipe gaskets in the engineering plant.
The next step is determining whether the facility is a workplace or a facility where there may be a duty of care issue. When determining the need for an asbestos risk assessment the key considerations are:
- whether the site is a workplace occupied or visited by employees
- the age of building, and if it was built when asbestos-containing materials were widely used
- the likely presence of asbestos in plant and machinery in the form of gaskets, sealants and mastics which were commonly used up to the late 1990s
- the likely presence of friction products for machinery that may have used asbestos up to 2003.
Asbestos-containing materials (ACMs) could be present if:
- the building was constructed between 1940 and 1990, when asbestos was used extensively in the building industry
- plant or equipment built before 1995 when asbestos was used in gaskets and friction materials.
Undertake assessment of exposure risk
If asbestos is deemed likely to be present in the workplace, then an asbestos risk assessment shall be carried out in accordance with Division 5, Part 4.3 of the OHS Regulations.
If the risk assessment identifies the presence of asbestos, a risk register shall be developed and the asbestos exposure risk assessed and prioritised.
The objectives of an asbestos risk assessment are to:
- identify and locate asbestos-containing materials (ACMs) in the workplace
- assess the condition friability and surface treatment of asbestos-containing materials
- assess the potential disturbance potential and exposure risk
- prepare an asbestos register.
The asbestos risk assessment report details the findings from the assessment, with prioritised recommendations for management and control.
The risk assessment shall be conducted by an asbestos auditor, in conjunction with the workplace manager and other personnel with knowledge of activities undertaken at the site.