Health and Safety at Work (Asbestos) Regulations 2016
Regulation 13: Duty to prepare asbestos management plan
(1) This regulation applies if asbestos or ACM is—
(a) identified at a workplace under regulation 10; or
(b) likely to be present at a workplace from time to time.
(2) A PCBU with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared.
(3) A PCBU with management or control of the workplace must ensure that the information in the asbestos managementplan is kept up to date.
(4) An asbestos management plan must include information about the following:
(a) the identification of asbestos or ACM:
(b) decisions, and reasons for decisions, about the management of the risk arising from asbestos at the workplace:
(c) procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace:
(d) the workers who carry out work involving asbestos, including—
(i) information and training that has been and will be provided to the workers:
(ii) roles and responsibilities of the workers:
(iii) any health monitoring of the workers that has been or will be undertaken.
(5) A PCBU with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to—
(a) a worker who has carried out, carries out, or intends to carry out work at the workplace; and
(b) a representative of a worker referred to in paragraph (a); and
(c) a PCBU who has carried out, carries out, or intends to carry out work at the workplace; and
(d) a PCBU who has required, requires, or intends to require work to be carried out at the workplace.
(6) A PCBU who contravenes subclause (2) or (3) commits an offence and is liable on conviction,—
(a) for an individual, to a fine not exceeding $10,000:
(b) for any other person, to a fine not exceeding $50,000.
(7) A PCBU who contravenes subclause (5) commits an offence and is liable on conviction,—
(a) for an individual, to a fine not exceeding $6,000:
(b) for any other person, to a fine not exceeding $30,000.
"The legislation has established steps to ensure that the management of asbestos can ensure that no one is exposed accidentally nor intentionally from asbestos respirable fibres. Without completion of an asbestos survey, by a competent surveyor, the ability to effectively manage all potential source of asbestos is low.
I recomend all PCBUs to be vigilant and ensure they engage a competent asbestos surveyor who can provide this first crucial steps for the management of all asbestos containing material and potential hidden asbestos containing materials on your property."
Lyeta Payet, Director - Monnaie Consulting Ltd.