Workplaces/Commercial Properties
Under current legislation, owners or controllers of buildings have a legal obligation to ensure that a property owned/controlled by them is safe. The National Asbestos Management Code is very clear that there is a legal requirement to manage asbestos in all non-domestic properties i.e. “workplaces.”
Legislation requires that workplaces/commercial properties built before 2004 must have an Asbestos Register (AR) and an Asbestos Management Plan (AMP), if asbestos is on the premises.
These two documents can only be developed after an Asbestos Survey of the premise has been carried out by a “Competent Person”. Therefore, to comply with legislation and avoid penalties, it would be prudent for managers of buildings and employers to secure the services of a professional to carry out Asbestos Surveys and preparation of an Asbestos Register and Asbestos Management Plan.
In such situations, use of the DIY Asbestos Test Kit would be appropriate if a simple ACM situation requires clarification.
Residential Properties
Properties not rented for Profit
Residential properties that are not rented for profit are not subject to the same rigorous laws that apply to workplaces and commercial properties. Any individual can collect samples using the DIY Asbestos Test Kit and remove non-friable (“bonded”) ACM that are less than 10 m2.
Properties rented for Profit
In the case of a commercial landlord of any kind (whether renting or leasing commercial or residential property) a business is involved and elements of the WHS &OHS Acts and associated Regulations apply.
Worksafe would expect a landlord who derives income from a property to take a responsible approach to asbestos management of an equivalent standard to the nearest legal framework. In the case of asbestos, this would be the National Asbestos Management Code, and as such, the requirement for an Asbestos Survey,Asbestos Register and Asbestos Management Plan exists.
Therefore, to comply with legislation and avoid penalties, it would be prudent for landlords to secure the services of a professional to carry out Asbestos Surveys and preparation of Asbestos Registers and Asbestos Management Plans.
In such situations, use of the DIY Asbestos Test Kit would be appropriate if a simple ACM situation requires clarification.