How is asbestos made safe?

How is asbestos made safe?

  1. ASBESTOS INSPECTIONS
  • Every employer must appoint a competent person to inspect all the  workplace buildings and structures, constructed prior to March 2011, and identify all asbestos containing materials.
  1. ASBESTOS FREE CERTIFICATES
  • If no asbestos is found, we issue an asbestos free certificate, which remains valid for an unlimited period.
  1. STATUTORY REPORTS
  • If asbestos is identified, we compile the prescribed statutory reports, including an inventory of asbestos in place, risk assessment, risk of exposure assessment and asbestos management plan.
  1. REMEDIATING IDENTIFIED ASBESTOS
  • To protect the health and safety of the workers and other persons, the employer must, as soon as practicably possible, take reasonable steps to make the identified asbestos safe.
  1. ASBESTOS WORK SAFETY
  • Any workers that are appointed to carry out work on or near asbestos materials must undergo prior medical screening, be properly trained, instructed, supervised and be issued with the necessary PPEs, including respirators specified for use with asbestos. Only asbestos contractors, duly registered with the Department of Labour may carry out asbestos removal work.
  1. ASBESTOS WASTE DISPOSAL
  • All asbestos waste must be transported as hazardous waste and disposed of in landfills approved by the Department of Forestry, Fisheries and Environment. A final disposal certificate must be obtained.
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ASBESTOS MATERIALS

What is asbestos?

Asbestos is a natural fibrous silicate mineral that was used in the manufacture of a wide variety of building materials, including:

  • roof and wall sheets;
  • ceiling boards and soffits;
  • fascia and barge boards;
  • gutters and downpipes;
  • window sills and floor tyles;
  • water pipes and tanks;
  • insultation and many more.
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Regulations

How is asbestos regulated?

 

  1. The Asbestos Abatement Regulations of 2020, which came into full effect at the end of May 2022, prescribes employers’ obligations in respect of asbestos in the workplace.
  2. In terms of the Property Practitioners Act and Regulations, every property owner, landlord and property practitioner must, when entering into a new sale or lease agreement and using the prescribed form, disclose any defects, including the presence of asbestos.

 

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Dangers

What are the dangers of asbestos?

Asbestos is internationally classified as a carcinogen. Damaged or deteriorated asbestos materials expose friable asbestos fibers and dust. Small asbestos particles can remain airborne for days and can be inhaled or ingested. Exposure to asbestos can cause malignant asbestos related diseases such as:

  • mesothelioma;
  • asbestosis;
  • a variety of cancers; and,
  • given that there is no effective cure, eventually – death.
What must be done?

What must be done?

  1. Every employer must appoint a competent person to inspect the workplace for asbestos.
    All workplace buildings and structures constructed prior to March 2011 must be inspected, including:
  • factories and warehouses;
  • offices and office complexes;
  • workshops and garages;
  • shops and shopping centers;
  • universities and schools;
  • churches and community halls;
  • home offices; and,
  • any other place where workers may be exposed to asbestos, including when carrying out maintenance, repairs or refurbishment of residential premises.
  1. If asbestos is identified, the employer must havethe statutory prescribed reports compiled, including:
  • an inventory of asbestos in place;
  • a risk assessment;
  • a risk of exposure assessment; and,
  • an asbestos management plan.
  1. The employer must take all reasonable steps to make the asbestos safe as soon as practicably possible,
    taking into consideration all relevant factors, including:
  • the number of workers;
  • the risk of exposure;
  • the available budget;
  • the location, type, quantity and condition of the asbestos materials; and,
  • the recommendations made in the asbestos management plan;
  1. Failure to comply
  • Failure to comply is not an option as it could lead to prosecution, fines and/or imprisonment.
leased premises

What about leased premises?

What about leased premises?

  1. Every property owner/lessor and property practitioners must disclose the presence of any asbestos when entering into a sale or lease agreement, including for residential properties. Failure to disclose asbestos materials could lead to their personal liability.
  2. The lessor must ensure that the premises is fit for the purposes for which it was let.
  3. Ultimately, it remains the employer’s legal responsible to ensure the health and safety of the workers.
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