ACT Asbestos Safety Reforms 1 January January 2015

Transcription

1 ACT Asbestos Safety Reforms 1 January 2015 January 2015

2 Summary of Changes (1) Model Asbestos Regs adopted in ACT into WHS Dangerous Substances modified to remove workplace aspects of asbestos but retain on home owners Some to new laws to incorporate best elements of previous ACT Some to further strengthen for Mr Fluffy homes

3 Summary of Changes (2) Terms Friable and non- friable [not bonded ] 2005 Code of Prac@ce replaced with modified versions of the 2 harmonised Codes of Prac@ce All asbestos removal work must be no@fied to WorkSafe Health Monitoring for asbestos workers introduced Only one class of Assessor Mutual recogni@on of licensed removalists and assessors under new regs

4 Summary of Changes (3) Licensing of Asbestos Assessors and Removalists moved from EPD to WorkSafe ACT / ORS Competent Person removed in ACT, must be a licensed removalist 102 metre rule removed in ACT only minor or rou@ne maintenance work, or other minor work not to be carried out by licensed person

5 Key Benefits of Model Laws First harmonised laws EVER LiXs safety in small states up to Vic/NSW standard no resale/ reuse Bonded asbestos gone now non friable Stricter friable removal regs Naturally occurring asbestos premises 5 year licences (red tape) Immediate licence suspension Same training/ competencies required Mutual recogni@on workforce capacity Legal exchange of info between regulators Licensed asbestos assessor

6 Other Features of Model Regs Asbestos assessors Health monitoring Mandatory Training & competencies Only one class of licensed asbestos assessor and lix competency Baseline lung - asbestos removalists and at risk workers (Health Monitoring guidelines for doctors and workers; standard form) Asbestos awareness ConstrucJon Industry Training package: Removal Supervisor (unit of competency) Friable asbestos removal workers Non friable asbestos removal workers Licensed asbestos assessor

7 ACT Differences Risk assessment Asbestos removal supervisor must be present Risk assessment must be done by a licensed asbestos assessor The na@onal regs only require supervisor be readily available for bonded removal Asbestos contaminated dust (ACD) All friable asbestos dust must be removed by a licensed removalist (A or B)

8 ACT Differences Licensed asbestos assessor role AutomaJc mutual recognijon 10 m2 no licence of type Assessment of risk Advising on management on above work Clearance Must register with WorkSafe ACT first may be imposed by the regulator Expands workforce pool more Removed and replaced with minor or maintenance work, or other minor work (FACT SHEET)

9 DefiniJons Asbestos containing materials (ACM s) fall into two main categories: 1. Friable ACM s that can be reduced to powder by hand pressure when dry 2. Non-Friable Asbestos that is firmly bound in the matrix of a building material such as cement or calcium silicate plaster Used to be known as bonded

10 DefiniJons airborne asbestos - any fibres of asbestos small enough to be made airborne asbestos containing material (ACM) - any material or thing that contains asbestos as part of its design asbestos contaminated dust or debris (ACD) - dust or debris that has sebled within a workplace and is (or assumed to be) contaminated with asbestos

11 DefiniJons friable asbestos any asbestos material in a powder form or can be crumbled, pulverised or reduced to a powder by hand pressure when dry. Examples include: pipe lagging, limpet and fire door cores in situ asbestos - asbestos or ACM fixed or installed in a structure, equipment or plant but does not include naturally occurring asbestos

12 DefiniJons naturally occurring asbestos (NOA) - the natural geological occurrence of asbestos minerals found in associa@on with geological deposits including rock, sediment or soil non friable asbestos - material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound such as, asbestos cement (fibro), brakes and vinyl

13 DefiniJons respirable asbestos - an asbestos fibre that: Ø is less than 3 microns (µm) wide Ø is more than 5 microns (µm) long Ø has a length to width ra@o of more than 3:1.

14 LegislaJon January 2015

15 LegislaJon amended Building Act 2004 Building (General) Regula6on 2008 Construc6on Occupa6ons (Licensing) Act 2004 Construc6on Occupa6ons (Licensing) Regula6on 2004 Dangerous Substances Act 2004 Dangerous Substances (General) Regula6on 2004 Work Health and Safety Act 2011 Work Health and Safety Regula6on 2011

16 Work Health and Safety RegulaJon 2011 Chapter 8 Asbestos (Sec@ons ) Part 8.1 Prohibi@ons and authorised conduct Part 8.2 General duty Part 8.3 Management of asbestos and associated risks Part 8.4 Management of naturally occurring asbestos Part 8.5 Asbestos at the workplace Part 8.6 Demoli@on and refurbishment

17 Work Health and Safety RegulaJon 2011 Chapter 8 Asbestos (Sec@ons ) Part 8.7 Asbestos Removal Work Part 8.8 Asbestos removal requiring Class A licence Part 8.9 Asbestos- related work Part 8.10 Licensing of asbestos removalists and asbestos assessors

18 Asbestos Codes of PracJce 1. How to safely remove asbestos 2015 (ACT) 2. How to manage and control asbestos in the workplace 2015 (ACT)

19 DS Act amended Dangerous Substances Act 2004 S23 General safety duty of everyone involved in handling dangerous substances anywhere S43 Failure to comply with safety duty exposing people to risk of death or serious harm

20 Example added to s43 (DS Act) Caroline receives a leber from the ACT Government, advising her that her house contains loose- fill asbestos insula@on and aler@ng her to the dangers associated with this form of insula@on. The leber also informs Caroline that she must engage a licensed asbestos assessor and a licensed asbestos removalist before undertaking any work on the house, and to inform anyone carrying out work on the house that the house contains loose- fill asbestos insula@on.

21 Example added to s43 (DS Act) AXer receiving the leber, Caroline engages a gasfiber to repair the hea@ng system located in the ceiling cavity of the house, without telling the gasfiber, or taking any other steps to make the gasfiber aware, that the house contains loose- fill asbestos insula@on. Caroline is reckless about whether her failure to tell the gasfiber about the loose- fill asbestos insula@on exposes the gasfiber to a substan@al risk of serious harm.

22 Example added to s43 (DS Act) Caroline commits an offence against this because asbestos is a dangerous substance and, under the general safety duty of everyone involved in handling a dangerous substance, she must take all reasonable steps to minimise the risks resul@ng from handling the substance (see s 23 and s 41). Handling a dangerous substance includes possessing, or otherwise having custody or control of, the substance (see s 11).

23 Other Regs Dangerous Substances (General) Regula6on 2004 S312: Removal of asbestos or ACM from premises: A person must not remove asbestos or asbestos containing material from premises unless the person is a licensed asbestos removalist, licensed to remove the asbestos or asbestos containing material.

24 Asbestos Assessors January 2015

25 Asbestos Assessors S489: A person must not carry out the following at a workplace unless the person holds an asbestos assessor licence: a) air monitoring during asbestos removal work b) clearance inspec@ons for asbestos removal work c) issuing clearance cer@ficates in rela@on to asbestos removal work d) iden@fying the loca@on, type and condi@on of asbestos or ACM, including by taking samples

26 Asbestos Assessors e) assessing the risk from the asbestos or ACM f) advising on how the asbestos or ACM should be managed g) about the work in paragraphs (a) to (e).

27 Asbestos Assessors 5 Year licences Licensing moves to WorkSafe ACT / ORS [the WHS legisla@on] from Environment & Planning Directorate [the COLA legisla@on] Licences can be condi@oned Licences can be suspended immediately Only one class of assessor Class B assessors con@nue un@l their licence expires

28 Asbestos Assessors Training requirements harmonised with other states Mutual New ACT replaces references to competent person with licensed asbestos assessor - to clarify that all asbestos assessment, clearance inspec@ons and air monitoring must be provided by a licensed asbestos assessor

29 Asbestos Assessors Analysis must be by a NATA accredited lab Air monitoring must be conducted in accordance with the Guidance Note on the Membrane Filter Method for Es6ma6ng Airborne Asbestos Dust, 2nd Edi@on [NOHSC: 3003 (2005)]

30 Asbestos Assessors A class B licence cannot be transferred or renewed. Once it expires, the licence holder must lodge an applica@on as an individual and must sa@sfy the general criteria for asbestos assessor licences under the WHS law

31 Asbestos Assessors The Class B licence will only allow the same scope of work the class B licence covers and the licence is condi@oned to undertake only field surveys to iden@fy the loca@on, type and condi@on of asbestos in buildings for the Building Act 2004, the Civil Law (Sale of Residen@al Property) Act 2003, the Construc@on Occupa@ons (Licensing) Act 2004, the Dangerous Substances Act 2004 or the Residen@al Tenancies Act 1997, including, for example, by bulk sampling

32 Asbestos Assessors Asbestos web page at worksafe.act.gov.au FAQs for licensed asbestos assessors for an Asbestos Licence [Assessor or Removalist] WHS Regs 2011 as amended from 1 January 2015 Two new codes of prac@ce from 1 January 2015

33 Asbestos Removalists January 2015

34 Asbestos Removalists 5 year licences Licensing moves to WorkSafe ACT / ORS [the WHS legisla@on] from Environment & Planning Directorate [the COLA legisla@on] Licences can be condi@oned Licences can be suspended immediately

35 Asbestos Removalists Training requirements harmonised with other states Mutual Requirement for a Safety Management System Health monitoring for removalists and their workers at risk of exposure to asbestos

36 Asbestos Removalists

37 Asbestos Removalists Asbestos Removal Supervisors Can be the removalist Must be present whenever any asbestos removal work is being undertaken Class A or B Model Regs asbestos removal supervisor must be present or readily available ACT Regs or readily available removed

38 Asbestos Removalists Asbestos Removal Supervisors Class A removal work Cer@fica@on issued for the specified VET course for the supervision of asbestos removal work (Supervise asbestos removal) Cer@fica@on issued for the specified VET course for Class A asbestos removal work (Remove friable asbestos) Cer@fica@on issued for the specified VET course for Class B asbestos removal work (Remove non- friable asbestos) Evidence that the supervisor is at least 18 years of age, and Evidence that the supervisor has at least 3 years of relevant industry experience.

39 Asbestos Removalists Asbestos Removal Supervisors Class B removal work Cer@fica@on issued for the specified VET course for the supervision of asbestos removal work (Supervise asbestos removal) Cer@fica@on issued for the specified VET course for Class B asbestos removal work (Remove non- friable asbestos) Evidence that the supervisor is at least 18 years of age, and Evidence that the supervisor has at least 1 year of relevant industry experience.

40 Friable Asbestos Removal Part 8.8 Friable asbestos removal (Class A licence) o S475 Mandatory air monitoring by assessor o S476 Stop work if respirable asbestos fibres detected o S477 friable removal requirements ü Enclosure ü Nega@ve air ü Wet method ü Air monitoring ü Leak tes@ng

41 Asbestos Removalists A summary of their specific du@es: ensuring an asbestos removalist supervisor is present when the work is being carried out (R.459) providing appropriate training and ensuring the asbestos removal worker has undertaken the relevant units of competencies associated with the asbestos removal (R ) telling various par@es about the asbestos removal and providing them with appropriate informa@on (R.462 and R ) obtaining the workplace s asbestos register (R.463)

42 Asbestos Removalists preparing an asbestos removal control plan (R ) the regulator about the work before it starts (R.466) displaying signs and labels in the asbestos work area (R.469) access to the asbestos work area (R.470) ensuring appropriate are in place (R. 471) ensuring waste containment and disposal procedures are in place (R.472)

43 Asbestos Removalists ensuring clearance are conducted and issuing clearance (R ) ensuring air monitoring is conducted, where appropriate (R ). Some of the above are changes to the Model to ensure, in the ACT, that the asbestos removalist is responsible for these

44 Minor maintenance work and Minor Work Minor maintenance work includes rou6ne work that is small scale, oten short in dura6on and may be unscheduled. Minor work includes small tasks that are of short dura6on, such as cu/ng a small hole or hand- drilling up to a few holes in an asbestos cement sheet. It is not rou3ne or regular such as planned maintenance. Chief Minister, Treasury & Economic Development Directorate

45 Loose- fill asbestos insulajon [ Mr Fluffy ] houses January 2015

46 Loose- fill asbestos insulajon [ Mr Fluffy ] homes Requirement to display the approved warning sign [s@cker] from 1 January 2015 Penalty for not displaying the s@cker Penalty for removing the s@cker WorkSafe inspectors checking

47 Extra Mr Fluffy WHS RegulaJons Reg 292: work will be classified as a construc3on project if the work involves the demoli@on of residen@al premises containing loose fill asbestos insula@on (principal contractor required) Reg 422(2)(c): if the workplace is residen@al premises and an approved warning sign is displayed at the residen@al premises assume that asbestos is present at the workplace. Various requirements for no@fica@on to WorkSafe re Mr Fluffy houses

48 NoJficaJon to WorkSafe ACT January 2015

49 NoJficaJon to WorkSafe Forms on WorkSafe s Publica@ons page under Forms & Checklists or from the Asbestos web page Demoli@on of a loose- fill asbestos insula@on [ Mr Fluffy ] house Asbestos removal work in a loose- fill asbestos insula@on (a 'Mr Fluffy') home From 1 January 2015, any asbestos removal work must be no@fied to WorkSafe ACT

50 NoJficaJon to WorkSafe Licensed Asbestos Assessors and Licensed Asbestos Removalists from interstate who are intending to conduct work in the ACT must WorkSafe ACT of that intent before they carry out that work.

51 Phone: response- taskforce QUESTIONS?