Introduction The Work Health and Safety Regulations 2011 contained transitional provisions regarding the identification and control of Asbestos in a workplace which ended on 1st January 2013. It is now a legal requirement that every workplace constructed on or before 31st December 2003 has an Asbestos Register held at the subject site. Anyone involved in the ownership, management or occupation of a building is liable under the Regulations. The Work Health and Safety Regulations 2011 These Regulations implement the model Work Health and Safety Regulations (the model Regulations) in the Commonwealth jurisdiction and form part of a system of nationally harmonised occupational health and safety (OHS) laws. The Regulations replaced the Occupational Health and Safety (Safety Standards) Regulations 1994 and the Occupational Health and Safety (Safety Arrangements) Regulations 1991 which have been repealed, along with the Occupational Health and Safety Act 1991 (OHS Act). Regarding Asbestos Registers, the Regulations state (at Clause 425) that: (1) A person with management or control of a workplace must ensure that a register (an asbestos register) is prepared and kept at the workplace. (2) The person must ensure that the asbestos register is maintained to ensure the information in the register is up to date. (3) The asbestos register must: (a) record any asbestos or Asbestos Containing Material (“ACM”) identified at the workplace under regulation 422, or likely to be present at the workplace from time to time including: (i) the date on which the asbestos or ACM was identified; and (ii) the location, type and condition of the asbestos or ACM; or (b) state that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace. Significant fines apply for non-compliance with the Regulations.
Posted on: Wed, 07 May 2014 09:15:45 +0000
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