Person in control of and (or) managing a workplace
If you have management or control of a building, structure or mine that is used as a workplace, you have a duty of care in relation to asbestos. These obligations are in Division 9 of the Workplace Health and Safety Regulations 1998 and include:
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You must take appropriate steps to identify the presence of asbestos in the workplace.
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You must carry out a risk assessment on the potential exposure to airborne asbestos fibres of anybody entering the workplace. You must also take steps to ensure that people are not exposed to airborne asbestos fibres above the allowable exposure standard.
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You must inform the following people about the location of asbestos, and any necessary precautions to minimise their health and safety risk:
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- employees
- members of safety committees
- employees’ safety representatives
- any person engaged by a tenant
- tenants, building maintenance and servicing people.
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The location of identified asbestos must be recorded in a register. Identified asbestos must be regularly inspected to make sure that it does not deteriorate or constitute a health risk. The dates and findings of each inspection must be recorded in the register.
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The asbestos register must be made available on request to:
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- any tenant
- any employee of a tenant
- any inspector
- building maintenance and service personnel.
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You must use signs or labels in areas of the workplace where asbestos is present and regular maintenance or repair work is likely to be carried out. Signs or labels must alert people to the location of the asbestos and any precautions that should be taken.
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You must make sure that anyone who could be exposed to asbestos gets adequate information, instruction and training to make them aware of any risks involved in their work and the precautions necessary to protect their health.
You should make sure you are aware of your responsibilities under the Workplace Health and Safety Regulations 1998.
These requirements are minimum legal requirements. In addition to these requirements it is strongly recommended that an asbestos management plan be developed for all workplaces that contain asbestos.
Excellent guidance for the development of an asbestos management plan is covered in the Safe Work Australia 'Code of Practice for the Management and Control of Asbestos in the Workplace' available from the Safe Work Australia website which can be found on the publications page.
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