Occupational Health and Safety Law and Asbestos for Environmental Health Practitioners

1. Occupational Health and Safety Law and Asbestos forEnvironmental Health Practitioners/ Officers Linda Timothy Regulatory Consultant Legislation Branch WorkSafe Victoria

2. Topics to be covered The legislation What is a workplace? Employer�s duties The Occupational Health & Safety (Asbestos) Regulations 2003 asbestos removal prohibitions that apply to both a workplace and a non-workplace WorkSafe�s role

3. The Legislation WorkSafe administers three Acts: The Occupational Health and Safety Act 2004; The Dangerous Goods Act 1985; and The Equipment (Public Safety) Act 1994. The Occupational Health and Safety (Asbestos) Regulations 2003 are made under both the OHS Act and the DG Act. the majority of the regulations are made under the OHS Act and apply to workplaces; some of the prohibitions are made under the DG Act and apply to workplaces and non-workplaces.

4. Workplace The Occupational Health and Safety Act 2004 applies to workplaces and defines a workplace broadly as: �A place, whether or not in a building or structure, where employees or self-employed persons work.� The definition is very broad and includes: offices; factories; where gardeners work; where couriers work; where environmental health practitioners/officers work; and where WorkSafe inspectors/EPA inspectors work.

5. Workplace A non-workplace is not defined but can loosely be considered as a place, whether or not in a building or structure, where employees or self-employed persons do not work. Non-workplaces include: domestic premises where work is being carried out by the owner (or a tenant) to repair the kitchen or shed; domestic premises where the owner is demolishing the garage. A non-workplace can become a workplace, for example: If a home owner engages a contractor to carry out work, the domestic premises would become that contractor�s workplace, due to the works being undertaken, and the OHS Act would apply. The OHS Act places duties on employers, self-employed persons and (to a lesser extent) on persons who have (to any extent) the management or control of a workplace and on employees etc. In the case of a domestic premises that becomes a workplace due to a contractor (eg. an electrician or a licensed asbestos removalist) being engaged, the domestic premises becomes the contractor�s workplace (albeit temporary) and the Act places a the primary duty on the contractor�s employer in relation to their health and safety.The OHS Act places duties on employers, self-employed persons and (to a lesser extent) on persons who have (to any extent) the management or control of a workplace and on employees etc. In the case of a domestic premises that becomes a workplace due to a contractor (eg. an electrician or a licensed asbestos removalist) being engaged, the domestic premises becomes the contractor�s workplace (albeit temporary) and the Act places a the primary duty on the contractor�s employer in relation to their health and safety.

6. Employer�s Duties The Occupational Health and Safety Act 2004 (section 21(i)) requires that: �An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.� The Occupational Health and Safety (Asbestos) Regulations 2003 set out in more detail, the responsibilities of an employer towards their employees and others in relation to asbestos.

7. Regulations made under the Act Occupational Health and Safety (Asbestos) Regulations 2003 Part 1 : Objectives, definitions, exemptions Part 2 : General requirements Part 3 : Prohibitions Part 4 : Asbestos removal licensing provisions Part 5 : In situ asbestos Part 6 : Demolition where asbestos present Part 7 : Asbestos removal Part 8 : Other specified activities involving ACM The OHS (Asbestos) Regulations are intended to cover all occupational situations in which there is a potential for exposure to asbestos.The OHS (Asbestos) Regulations are intended to cover all occupational situations in which there is a potential for exposure to asbestos.

8. Asbestos Removal The OHS (Asbestos) Regulations 2003 require that a licensed asbestos removalist be engaged to remove asbestos that is fixed to or installed in a workplace, unless: the asbestos-containing material is non-friable; and the area to be removed is less than 10 square metres in total; and removal is not undertaken for more than 1 hour in any period of 7 days. The Regulations permit an employer or self-employed person to conduct this limited removal work at a workplace. This regulation would also apply in the case of a domestic premises that has become a workplace due to a contractor having been engaged to remove the asbestos. Reg 207 would not apply if a home owner was removing asbestos from their own property but is worth bearing in mind if an EHO has responded to a complaint about unsafe removal by a home owner from their own property. If the amount of non-friable asbestos containing material exceeds the amount described in reg 207, it would be advisable for the home owner to engage a licensed removalist to complete the removal.Reg 207 would not apply if a home owner was removing asbestos from their own property but is worth bearing in mind if an EHO has responded to a complaint about unsafe removal by a home owner from their own property. If the amount of non-friable asbestos containing material exceeds the amount described in reg 207, it would be advisable for the home owner to engage a licensed removalist to complete the removal.

9. Asbestos Removal An Order (Vic Govt Gazete No. S239) made under the Dangerous Goods Act 1985 requires that a licensed asbestos removalist be engaged to remove asbestos-containing dust and debris at a workplace unless: it constitutes no more than a minor contamination; or it is derived from or associated with removal undertaken by a licensed asbestos removalist or a removal undertaken under reg 207; or It is associated with certain activities prescribed under Part 8 of the Regulations. The Order would also apply in the case of a domestic premises that has become a workplace due to a contractor having been engaged to remove the asbestos

10. Prohibitions in relation to asbestos The Occupational Health and Safety (Asbestos) Regulations 2003 (Part 3, Division 3) prohibit the following activities: supply of asbestos or asbestos-containing material; storage of asbestos or asbestos-containing material; transport of asbestos or asbestos-containing material; sale of asbestos or asbestos-containing material; use of asbestos or asbestos-containing material; manufacture of asbestos-containing material; and re-use, installation and replacement of asbestos-containing material. These prohibitions are made under the Dangerous Goods Act 1985 and apply to �persons� at workplaces & non-workplaces Talk about exceptions.Talk about exceptions.

11. WorkSafe�s Role WorkSafe�s Role includes; monitoring and enforcing compliance with the Acts and Regulations that it administers; monitoring the operation of measures taken and arrangements put in place to ensure occupational, health, safety and welfare; and giving advice and information to persons in relation to occupational, health, safety and welfare. Key message is that these roles operate within the framework of WSV�s legislation.Key message is that these roles operate within the framework of WSV�s legislation.

12. WorkSafe Contact Details Advisory Service Phone No: 1800 136 089 For further information about WorkSafe and for a list of licensed asbestos removalists, see WorkSafe�s website at: www.workcover.vic.gov.au

13. Questions?