Asbestos

Obligations of the Employer or Controller of the Premises

Employers have a duty to provide a safe place of work

The NSW Occupational Health and Safety Regulation 2001 under the NSW Occupational Health and Safety Act 2000 requires an Employer to take reasonable care to identify foreseeable hazards including asbestos, and to assess the risk posed by those hazards. The employer is to eliminate or control those risks and is to provide instruction, training and information, personal protective equipment, supervision, and any other appropriate measure.

In addition to obligations placed on an employer, the Regulation places requirements on Controllers of Premises with respect to asbestos.

A controller of premises must ensure that:

a) a register, in which the type, condition and location of all asbestos and asbestos-containing material in any place of work is recorded, is prepared and maintained, and

b) any action taken to control asbestos and asbestos-containing material in the place of work or in plant at the place of work is recorded in the register, including details of:

i. any assessment concerning the asbestos that took place before the work was carried out, and
ii. if the work was carried out by a contractor rather than by an employee of the controller, the name of the person who carried out the work, and
iii. the date on which the work was carried out on, and

c) all occupiers of the place of work are provided with a copy of the register and all updates to it.

Maximum penalty: Level 3 – 100 Penalty Units or $11,000

Premises is defined as any place, including any land, building, vehicle, vessel, aircraft, tent or movable structure, or any installation floating on water or on the bed of any waters; that is, anywhere.

The Asbestos Register must comply with the requirements of the National Occupational Health & Safety Commission (NOHSC) Code of Practice for the Safe Removal of Asbestos [NOHSC:2002 (2005)] and the Code of Practice for the Management of Asbestos in Workplaces [NOHSC:2018 (2005)].

Getex can Undertake an Asbestos Materials Survey & Prepare an Asbestos Register

An Asbestos Register prepared by Getex will constitute an Asbestos Register to the requirements of the Act and conform to the requirements of the National Occupational Health & Safety Commission. The register can be in electronic form.

Getex can Project Manage the Removal of Asbestos Materials

Getex can provide full project management services for the removal of asbestos-containing materials, including:

Asbestos Removal Plan and Tender Documents preparation
NATA accredited asbestos in air monitoring in accordance with the Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres [NOHSC:3003 (2005)]
Supervision of the Removal
Clearance Inspections and Sign Off Reports

With this service the asset manager can ensure they have exercised diligence in accordance with the legislation.

Additional Services

Asbestos Management Plans, Workplace Awareness Training, Manuals & Systems

THE EXPERTISE IS HERE

Make sure the Consultant you use has the necessary experience, insurances and qualifications - your project depends upon it

Download the Asbestos - Obligations of the Employer or Controller of the Premises Information Sheet (PDF)