In 2011 the National Work Health and Safety Act was introduced in parts of Australia and extends the requirements to identify all Asbestos Containing Materials (ACM) within buildings, including strata that were constructed before 1 January 2004.
Section 429 of the Work Health and Safety Regulation 2011 requires a person conducting a business or undertaking (PCBU) to engage a competent person to identify all ACM within their building.
Where Asbestos is found, the PCBU is also required to keep an onsite Asbestos Register available to all employees, contractors and volunteers as well as prepare and implement an Asbestos Management Plan.
While there is some controversy over the interpretation of residential exemption stated in the Act, for Residential Strata Schemes the biggest risk comes from Duty of Care.
The penalties for non-compliance are severe with the maximum penalty of $30,000. However, if your failure to comply leads to a serious illness, you could face fines of $3 million, 5 years prison and/or damages from civil litigation.
Solutions in Engineering has qualified and experienced inspectors that can ensure your property is compliant.