These regulations stipulate how you should deal with any asbestos that you may find on your premises and to which persons may be exposed to at the workplace.
This regulation deals with obtaining an asbestos clearance certificate.
Compliance Obligations?
Upon completion of type 2 and type 3 asbestos work an AIA shall conduct a visual inspection of the relevant work area, conduct air sampling and ensure asbestos waste has been removed correctly.
The following definitions are significant:
"approved plan of work"
"asbestos"
"asbestos clearance certificate"
"asbestos waste"
"asbestos work"
“competent person”
"type 1 asbestos work"
"type 2 asbestos work"
"type 3 asbestos work"
Compliance Obligations?
There are more definitions that may be relevant, so it is important to understand these as they may impact on your compliance requirements.
The Regulations apply to every employer and self-employed person who may expose any person to asbestos dust at that workplace.
Compliance Obligations?
The scope of these Regulations has changed in comparison to the Asbestos Regulations, 2001, which are only applicable if an employer or self-employed person carries out work at a workplace that may expose any person to asbestos dust at that workplace. The trigger event is therefore the performance of asbestos work at the workplace.
However, the trigger event for the application of the new Regulations is the potential exposure of any person to asbestos dust at the workplace. The application of the new Regulations is therefore considerably broader.
Employers and self-employed persons will be required to make sure, as far as reasonably practicable, that all asbestos containing materials are identified at the workplace by a competent person.
Compliance Obligations?
In the event that it is uncertain whether the suspected material contains asbestos, then the employer may either deem it to contain asbestos or shall arrange for a sample of the material to be analysed by a competent laboratory to determine whether asbestos is present.
If part of a workplace is inaccessible and deemed by a competent person likely to contain asbestos, it should be assumed that asbestos is present in that area.
If no asbestos is identified as above, then the workplace shall be substantiated in writing by a competent person as asbestos-free.
If you have any asbestos containing materials at the workplace or are uncertain whether material at the workplace contains asbestos, then you must take note of these Regulations as they aim to regulate asbestos more extensively than the current regulations.
Regulation 4 requires an inventory of asbestos in place which shall be kept at the workplace or premises and is to be confirmed by a competent person
Compliance Obligations?
Regulation 4(3)(a)-(f) provides the information required to be contained in the inventory of asbestos. Therefore, if asbestos containing materials have been identified at the workplace or assumed to contain asbestos, then you are required to have an inventory of the asbestos in place, which must be confirmed by a competent person.
You must ensure that the person confirming the inventory meets the definition of competent person as provided in the Definitions provision in the Regulations.
The inventory must be reviewed, and if necessary, revised by a competent person at least every 24 months.
If asbestos is identified in terms of Regulation 3, then the employer must ensure that an asbestos risk assessment is carried, as far as it reasonably practicable, immediately by a competent person and thereafter at intervals not exceeding 24 months.
Compliance Obligations?
If you have asbestos identified at your workplace by a competent person then you must do an asbestos risk assessment.
The assessment must have a risk categorisation that will be based on the potential for exposure to asbestos for each item of asbestos-containing material and will be informed by the factors listed in Regulation 5(3)(a)-(e).
The assessment must be used to inform whether the asbestos-containing material should be kept in place, repaired or removed.
In the event that asbestos repair work is required, the assessment for potential exposure must include the items listed in Regulation 5(5)(a)-(d). The items listed in Regulation 5(6)(a)-(g) must be considered if asbestos removal work is required,
The services of an approved inspection authority (“AIA”) will be required to review and endorse the inventory of asbestos in place, as well as the asbestos risk assessment, at least every six (6) years. However, if the work was done by an AIA, then the review and endorsement will not be required.
Regulation 6 provides that if asbestos-containing materials are identified to be in place then an asbestos management plan must be prepared by a competent person.
Compliance Obligations?
If asbestos has been identified to be in place, then you must prepare an asbestos management plan.
Regulation 6(2)(a)-(c) lists the requirements for the asbestos management plan, which must be complied with in the event that asbestos-containing materials are identified to be in place. The plan must reviewed and, if necessary, revised at least every eight (8) years or if any information in the plan changes.
An employer must provide information to person who may have incidental exposure to asbestos. This must be done by induction training upon employment or when the inventory of asbestos in place is reviewed.
Compliance Obligations?
The information and training must at least include the sources of potential exposure, the potential health risks associated with asbestos exposure, safe disposal of asbestos waste and procedures relating to personal decontamination, exposure controls and emergency situations in the event of spillage or release of asbestos dust.
Regulation 7(3) sets out specific training requirements in the case of asbestos removal or repair work.
An employer must make sure that exposure to asbestos is either prevented, or if prevention is not reasonably practicable, to be adequately controlled.
Compliance Obligations?
If any water has been contaminated with asbestos as a result from work being done, the water must pass through a filtration system before entering any environment or water system.
Written work procedures must be developed for employees to follow to make sure that the handling of asbestos containing materials are done safely and disposed of appropriately.
An employer must report by telephone or email or similar communication method, to the chief inspector, provincial operations in the event of any spill, disturbance or uncontrolled release of asbestos which may be considered a health hazard.
Notification of asbestos work is required for type 1, type 2 and type 3 asbestos work.
Compliance Obligations?
The regulations provide several types of “asbestos work”, namely, “Type 1 Asbestos Work”, “Type 2 Asbestos Work”, and “Type 3 Asbestos Work”. Please refer to the definitions of each type of asbestos work to classify the asbestos work you are engaged with as there are different notification requirements.
Notification of asbestos work must be done in accordance with Annexure 2 to the Regulations.
This regulation provides the requirements for air monitoring.
Compliance Obligations?
In the event of type 2 or type 3 asbestos work being performed you must make sure that air monitoring of the concentration of airborne regulated fibres to which an employee may be exposed is conducted.
Environmental air monitoring is to be done by an AIA during the performance of type 2 or type 3 asbestos work.
This section provides the requirements for regulated asbestos areas.
Compliance Obligations?
If you undertake type 1, 2 or 3 asbestos work then the area must be clearly demarcated and identified as a regulated asbestos area.
You must ensure that no person enters or remains in the regulated area unless they have the correct protective respiratory equipment and protective clothing.
This regulation regulates the disposal of asbestos waste.
Compliance Obligations?
All asbestos waste must be disposed of appropriately and safely and in accordance with Regulation 21.
It is important that all asbestos waste is placed in containers that will prevent exposure when handling and that all safe disposal documents are obtained from the disposal site when all asbestos waste is removed from the workplace.