Use asbestos registers to help keep workplaces safe

Background

In recent months, WorkSafe inspectors have observed employees unknowingly disturbing and spreading friable asbestos. The friable asbestos had also been spread into public spaces. A number of employees were unaware that asbestos was present because the employer failed to provide and maintain an asbestos register. The workplaces were not related.

Safety issues

When a workplace contains asbestos, an asbestos register is a vital part of a broader management system to control the risks of asbestos exposure.

If an asbestos register isn’t developed, provided or maintained, people may unknowingly disturb asbestos and expose themselves and others to airborne asbestos fibres.

When disturbed, asbestos-containing materials can release airborne asbestos fibres. If inhaled, airborne asbestos fibres can cause serious medical conditions, including:

• mesothelioma
• asbestosis
• lung cancer.

These medical conditions affect a person’s quality of life and can cause death.

Products containing asbestos can typically be categorised in 2 ways:

1. Friable asbestos

Asbestos is friable if, when dry:

• it may be crumbled, pulverised or reduced to powder by hand pressure; or
• because of a work process, it may be crumbled, pulverised or reduced to powder by hand pressure.

Friable asbestos is typically considered higher risk because fibres can more easily become airborne, resulting in a greater potential for exposure, including inhalation.

2. Non-friable asbestos

Asbestos is non-friable if, when dry, it may not be crumbled, pulverised or reduced to powder by hand pressure.

Recommended ways to control risk

To control the risk of exposure to asbestos, employers and persons with management or control of a workplace should engage a suitably competent person to identify any asbestos that may be present in the workplace.

After the asbestos is identified, employers and persons with management or control of a workplace must

• Record in an asbestos register where it is present in the workplace.
• Clearly indicate the location of any asbestos that is present in the workplace.
• Introduce controls where a risk from the asbestos containing material is identified:
  • Engage a suitably licensed person to remove the asbestos from the building or structure.
  • If it is not possible to remove the asbestos, enclose the asbestos.
  • If it is not possible to enclose the asbestos, seal the asbestos.
• Provide information, instruction, training or supervision about: 
  • the hazards associated with asbestos and the potential risk to health based on the particular circumstances at the workplace
  • risk control measures (including safety procedures) to be used
  • the reasons for the risk control measures
  • how the risk control measures are to be used and maintained
  • the method of indicating the presence and location of asbestos, including any labelling system
  • the right of employees to have access to the asbestos register.

Using asbestos registers

If you have identified asbestos in your workplace, you must maintain an asbestos register that details:

• the location of the asbestos
• the likely source of asbestos that is not fixed or installed
• the type and condition of any asbestos containing material (ACM)
• whether ACM is friable or non-friable
• whether ACM is likely to sustain damage or deteriorate
• any activities carried out in the workplace that are likely to damage or disturb asbestos
• any inaccessible areas that are likely to contain asbestos.

You must also:

• Review the asbestos register before any demolition or refurbishment works are done at the workplace.
• Revise the register if it does not have adequate information to allow the person doing the work to effectively manage the risks from asbestos.
• Hand over the register to the person doing the demolition or refurbishment works.

Legal duties

Under the Occupational Health and Safety Act 2004 and Occupational Health and Safety Regulations 2017 (OHS Regulations), there are duties and requirements for:

• managing asbestos in workplaces
• working with asbestos
• removing asbestos.

A person who manages or controls a workplace must, so far as is reasonably practicable, eliminate the exposure of persons at the workplace to airborne asbestos fibres.

If it is not reasonably practicable to eliminate that exposure, they must reduce that exposure so far as is reasonably practicable.

Other duties include:

• Duties associated with maintaining the asbestos register – Division 5 of the OHS Regulations.
• Further duties that must be done before demolition or refurbishment work begins – Division 6 of the OHS Regulations.
• Employers must, so far as is reasonably practicable, consult with employees and any health and safety representatives if they are, or are likely to be, directly affected by health and safety matters.
• Employers must provide information, instruction and training to employees that may encounter asbestos in their workplace. This includes:
  • information on the details within the asbestos register and how to access it
  • instruction on the necessary controls when working with and around asbestos, and what to do if there is an incident involving asbestos.

There are further requirements under the Dangerous Goods Act 1985.