Knowing who is responsible for asbestos in a commercial property is fundamental to keeping occupants safe and meeting your legal obligations.
Who is responsible for asbestos in a commercial property?
In Australia, legal responsibility for asbestos management in commercial properties rests primarily with the person conducting a business or undertaking (PCBU), as they own the building where said business is taking place.
Their responsibilities include:
- Create an asbestos management plan
- Create and maintain asbestos registers
- Conduct asbestos inspections
- Oversee the safe removal and disposal of ACMs
- Maintain notifications and records
- Provide training and awareness for the building's occupants
What are the legal frameworks for asbestos management in Australia?
The legal frameworks in Australia for asbestos property management in Australia are split into two key sections:
Work Health and Safety (WHS) Act 2011 and Regulations
The WHS Act and its regulations set out the legal requirements for asbestos management in commercial properties. They require PCBUs to identify asbestos-related risks, carry out asbestos assessments, and put control measures in place to protect workers and others at the workplace.
State regulations
Some states and territories have additional regulations that supplement the national framework. PCBUs should check the requirements for their specific location, as standards can differ between jurisdictions.
You can find out more about the asbestos regulations specific to your state from your State Government website:
- Australian Capital Territory
- New South Wales
- Queensland
- South Australia
- Tasmania
- Victoria
- Western Australia
How can I oversee responsible asbestos management in my commercial property?
The following measures help you manage asbestos responsibly in your commercial property:
- Educate Yourself: Stay informed about asbestos regulations, guidelines, and best practices. Understand the legal obligations imposed by relevant authorities to ensure compliance.
- Asbestos Management Plan: Develop and implement a thorough asbestos management plan. This plan should include strategies for identification, assessment, and control of asbestos-containing materials (ACMs) within the property.
- Regular Inspections: Conduct regular asbestos inspections to identify any new ACMs or changes in the condition of existing ones. Engage qualified professionals to perform thorough assessments and keep detailed records of findings.
- Asbestos Registers: Maintain accurate and up-to-date asbestos registers. These registers should document the location, condition, and risk assessment of all ACMs present in the commercial property.
- Engage Licensed Professionals: When asbestos removal or abatement is necessary, hire licensed and accredited professionals. Ensure they follow proper procedures to minimise the risk of exposure during removal and disposal activities.
- Employee Training: Provide training for employees and relevant staff on asbestos awareness and safety protocols. This helps them recognise potential risks and follow the right procedures.
- Notification and Record Keeping: Comply with regulatory requirements for notifications related to asbestos activities. Keep thorough records of inspections, assessments, removal activities, and any communication with regulatory bodies.
- Contractor Oversight: If contractors are involved in maintenance or renovation projects, ensure they are aware of and adhere to asbestos management protocols. Include asbestos-related clauses in contracts to hold contractors accountable.
- Emergency Response Planning: Develop an emergency response plan that specifically addresses potential asbestos incidents. This includes procedures for addressing unexpected discoveries of ACMs or accidental damage during maintenance or construction activities.
- Stay Updated: Regularly review and update your asbestos management plan in response to changes in regulations, industry standards, or the condition of the property. Regular reviews help ensure ongoing compliance.
- Community Communication: Communicate openly with tenants, employees, and the local community about asbestos management efforts and safety measures.
- Seek Professional Guidance: If in doubt or facing complex asbestos management challenges, seek advice from professionals specialising in asbestos consulting, legal compliance, and remediation.