Russell Kelly & Associates · Norwest NSW
Asbestos Register
Asbestos Registers and Management Plans in NSW Workplaces
Asbestos can create significant work health and safety obligations for owners, businesses and other persons who manage or control workplaces in New South Wales.
Buildings constructed before 31 December 2003 require particular attention because asbestos-containing materials may be present in the building or workplace.
The person with management or control of a workplace may be required to prepare and maintain an asbestos register and, where asbestos has been identified, an asbestos management plan.
When is an Asbestos Register Required?
A person with management or control of a workplace must ensure that an asbestos register is prepared and kept at the workplace where required by NSW work health and safety legislation.
An asbestos register is generally required for a workplace in a building constructed before 31 December 2003.
A register may also be required where asbestos has been identified, or is likely to be present, at a workplace.
A workplace building constructed after 31 December 2003 generally does not require an asbestos register where no asbestos has been identified and asbestos is not likely to be present at the workplace.
What Must an Asbestos Register Contain?
An asbestos register records asbestos or asbestos-containing material that has been identified or is assumed to be present at the workplace.
The register should record relevant information including:
- the date the asbestos was identified;
- where the asbestos is located;
- the type of asbestos or asbestos-containing material;
- the condition of the material; and
- asbestos that is assumed to be present where appropriate.
The register must be maintained so that the information remains current.
Who Must Have Access to the Asbestos Register?
The asbestos register is an important workplace safety document and must be accessible to people who may need the information before carrying out work at the workplace.
This can be particularly important before maintenance, repairs, renovation, demolition, electrical, plumbing or other work that could disturb asbestos-containing material.
Where management or control of the workplace changes, the asbestos register must also be provided to the incoming person with management or control.
What is an Asbestos Management Plan?
If asbestos has been identified at a workplace, the person with management or control of the workplace must ensure that a written asbestos management plan is prepared and maintained.
The asbestos management plan deals with how asbestos and the associated risks will be managed at the workplace.
The plan should address matters including:
- the location of identified asbestos;
- reference to the asbestos register;
- decisions about how asbestos will be managed;
- safe work procedures and control measures;
- signage and labelling where appropriate;
- incident and emergency procedures;
- responsibilities for managing asbestos risks; and
- information, consultation and training arrangements for relevant workers.
How Often Must an Asbestos Management Plan Be Reviewed?
An asbestos management plan must be kept up to date and reviewed at least once every five years.
Earlier review can also be required in circumstances including where asbestos is removed, disturbed, sealed or enclosed, where control measures change, where the plan is no longer adequate or where a health and safety representative requests a review.
Businesses should therefore treat the five-year period as a maximum review interval rather than assuming that no review is required between those dates.
Before Renovation, Maintenance or Demolition Work
Asbestos risks should be considered before work begins that may disturb the fabric of an older building.
Tradespeople, contractors and workers should be provided with appropriate information about known or suspected asbestos before commencing work.
Where material is suspected of containing asbestos, it should not simply be disturbed to determine what it is. Appropriate assessment and testing should be undertaken where necessary.
Testing Suspected Asbestos
The only way to confirm whether a material contains asbestos is through appropriate testing.
SafeWork NSW recommends that suspected asbestos be treated as asbestos until testing establishes otherwise. See SafeWork NSW’s current asbestos guidance.
Testing should be undertaken by an appropriately accredited laboratory, and professional assistance should be obtained when collecting samples where necessary.
Asbestos Removal
Asbestos removal is subject to specific work health and safety requirements, including licensing requirements in many circumstances.
The requirements depend upon matters including whether the asbestos is friable or non-friable and the amount being removed.
Businesses and property managers should use appropriately qualified and licensed asbestos professionals where required rather than attempting asbestos removal without first understanding the applicable safety requirements.
Commercial Property Due Diligence
The presence of asbestos can also be an important consideration when purchasing, leasing, renovating or redeveloping commercial and industrial property.
Before acquiring or undertaking substantial works to an older property, purchasers and businesses should consider whether asbestos has been identified, whether an asbestos register and management plan exist and whether future removal or remediation costs may affect the proposed transaction.
Learn more about our Property Law services.
Learn more about Commercial Leases.
Legal Advice About Commercial Property Obligations
Russell Kelly & Associates can advise businesses and property owners concerning legal and commercial issues associated with commercial property due diligence and related contractual arrangements.
This information is general in nature. Asbestos and work health and safety obligations depend upon the workplace, building, work being undertaken and applicable legislation. Specialist asbestos and work health and safety advice should be obtained where appropriate.