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Additional legislation, policies and standards relating to the safe management of asbestos are listed in Appendix G. The situations in which the Council has a regulatory role in the safe management of asbestos are listed in Table 1.

Table 1: Situations in which Council has a regulatory role in managing asbestos
Table 1: Situations in which Council has a regulatory role in managing asbestos

Responsibilities to workers

Respond to any public health risks (risks to Council employees and wider public) associated with the removal of asbestos containing materials or asbestos work at residential properties that do not involve a business or undertaking. Respond to public health risks posed by abandoned properties or asbestos materials in residential settings.

Asbestos in the Local Government Area: Information for the community 5 – Naturally-occurring asbestos

  • Responsibilities for naturally-occurring asbestos
  • Managing naturally-occurring asbestos
    • Management of naturally-occurring asbestos by Council
  • Responsibilities for contaminated land
  • Finding out if land is contaminated
  • Duty to report contaminated land
  • Derelict buildings
  • Responsibilities in the clean up after an emergency or incident
  • Advice to the public regarding clean up after an emergency or incident
  • Responsibilities for approving development
  • Providing advice to home owners, renovators and developers
  • Identifying asbestos
  • Removing asbestos, refurbishments and demolitions .1 Removing asbestos at domestic premises
    • Removing asbestos at workplaces
    • Obtaining approval for demolition
  • Exempt or complying development .1 Exempt development
    • Complying development
  • Development applications
    • Pre-development application advice regarding asbestos
    • Conditions of consent
  • Compliance and enforcement
    • Responsibilities for compliance and enforcement
    • Compliance strategies Illegal works include
  • Responsibilities for asbestos waste management
  • Handling asbestos waste for disposal
  • Transporting asbestos waste
  • Disposing of asbestos waste at waste facilities
    • Situations in which asbestos waste may be rejected from waste facilities Asbestos waste may be rejected from a waste facility if the waste is
  • Illegal dumping of asbestos waste
    • Contaminated landfill
  • Asbestos remaining on-site

The Council may also issue a Clearance Notice or Prevention Notice under the Protection of the Environment Operations Act 1997 as set out in Section 6.1 of this policy. Complaints and inquiries regarding buildings licensed under the Protection of the Environment Operations Act 1997 should be directed to the EPA.

Management of asbestos risks within Council

The General Manager

Workers

Prohibited work activities

Responsibilities of Council to Council workers .1 Council’s general responsibilities

  • Education, training and information for workers
  • Health monitoring for workers

The council provides information and training to council workers who may need to respond to asbestos issues in relation to renovations and developments as described in section 9. The topics that may be covered by the training are described in the Code of Practice on how to safely remove asbestos (Catalog No. WC03561). ). A list of Council employees who have been appropriately trained to respond to asbestos hazards is maintained in the Council's Electronic Records Management (ECM) system under the heading "Asbestos Register/Policy".

The Council will ensure that health monitoring is provided to a worker if they are carrying out licensed asbestos removal work, other ongoing asbestos removal work or asbestos-related work at the workplace for the Council and are at risk of exposure to asbestos when carrying out the work. The health monitoring will be in accordance with the code of practice on how to remove asbestos safely (catalogue no. WC03561) and meet the requirements of the Occupational Health and Safety Regulations 2011 (Part 8.5 Division 1). Workers who have been exposed to asbestos in the past and if there is a risk to the worker's health as a result of that exposure are covered by the Health and Safety at Work Regulations 2011 (clauses 435-444).

The Council will develop a worker health monitoring plan (if required) based on the Code of practice on how to remove asbestos safely (catalog no WC03561) and Part 8.5 Division 1 of the Health and Safety at Work Regulations 2011.

Identifying asbestos

  • Material sampling

A record of asbestos training undertaken by each worker will be kept until five years after the day the worker ceases to work for the Council. Health advice may be appropriate where there is a heightened sense of concern for individuals who may be exposed to elevated levels of airborne asbestos fibres. This section does not cover naturally occurring asbestos, which is dealt with in section 5, or illegal dumping, which is dealt with in section 10.5.

Indicating the presence and location of asbestos

Asbestos register

Suspected asbestos

Asbestos management plan for naturally-occurring asbestos

Management options for asbestos-related risks in the Council workplace Council’s asbestos management plan includes decisions and reasons for decisions about

Sites contaminated with asbestos that are Council workplaces

Demolition or refurbishment of Council buildings and assets

Removal of asbestos in the Council workplace

  • Removal by Council workers
  • Removal by contractors
  • Clearance inspections and certificates

Where the Council commissions the removal of asbestos at a workplace, the Council will ensure that the removal of asbestos is carried out only by an authorized asbestos remover who is appropriately licensed to carry out the work, unless the Health and Safety at Work Regulations 2011 state that the license is not required. Where Council requires the services of asbestos removers, Council will request the license details of the asbestos removers before engaging their services and will check the license details with the SafeWork NSW Certification Unit before entering into a contract or agreement with the licensed asbestos removers. The Council will therefore require a statement in the written contract or agreement with the licensed asbestos remover that the licensed asbestos remover who will be performing the work has been properly qualified and that their employer has provided them with appropriate medical supervision.

Where the Council becomes aware of any breaches by licensed asbestos removers, the Council will report them to SafeWork NSW. Where the Council commissions any licensed asbestos removal work, the Council will ensure that once the licensed asbestos removal work is completed, a clearance inspection is carried out and a clearance certificate is issued by an independent licensed asbestos assessor (for Class A asbestos removal work) or an independent competent person (in any other case) before the asbestos removal area is re-occupied. The friable asbestos clearance certificate will require visual inspection as well as air monitoring of the asbestos removal site.

The air monitoring must be carried out before and during Class A asbestos removal work by an independent licensed asbestos assessor.

Transporting and disposing of asbestos waste

SafeWork NSW must be notified immediately if people are likely to be affected by asbestos fibers or if an air monitoring process detects a level above 0.02 fibres/ml of air. Removal of illegally dumped asbestos material or suspected asbestos material by Council workers or contractors will be carried out in accordance with section 14.6.1 or section 14.6.2. If the Council becomes aware of illegally dumped asbestos material outside the Council's jurisdiction, the Council will immediately notify the relevant authority.

Re-excavation of landfill sites

Communicating the policy

All workers will receive information about the policy at the outset from the Council's Workplace Health and Safety Coordinator. Any worker (including staff, contractors, consultants and, where appropriate, volunteers and members of the public) who is involved in any activity or activities listed in Schedule A under Section 3 on behalf of, or for, the Council shall access to a copy of this policy and relevant supporting documents is provided. This includes any employee involved in the initiation, regulation, undertaking, regulation, inspection or supervision of an activity or potentially hazardous activity.

Managers are responsible for ensuring that employees who report to them have access to the policy and appropriate information, documentation and training in asbestos awareness (under the Work Health and Safety Regulation 2011) prior to planning the activity or activities. The Board shall include a statement of compliance with this policy in all relevant contracts and agreements with employees (including personnel, contractors, consultants and, where relevant, volunteers and members of the public). In the event of substantial revisions to the policy, the revisions shall be approved by the Chief Executive Officer and the Chief Executive Officer shall notify all persons who may have cause to undertake activities listed in Annex A under Section 3 to arrange for or guide. , or for, Council.

Non-compliance with the policy

What is asbestos?

Where is asbestos found?

  • Naturally-occurring asbestos
  • Residential premises As a general rule, a house built
  • Commercial and industrial premises
  • Sites contaminated with asbestos
    • Situations where asbestos contamination may occur Situations where asbestos contamination may occur include
    • Significantly contaminated land

The map provided in Appendix L gives an indication of areas in NSW known to have naturally occurring asbestos. Further information can be found in this policy under section 5 and in the Natural Asbestos Fact Sheet (Catalogue No. WC03728) published by SafeWork NSW, which provides a picture of naturally occurring asbestos. As a general rule, a house built:. before the mid-1980s - most likely to contain asbestos-containing products;. between the mid-1980s and 1990s - likely to contain asbestos-containing products; and. after 1990 – unlikely to contain products containing asbestos.

Fiber cement boards, commonly known as 'fibro', 'asbestos boards' or 'AC boards'. asbestos-containing sheets) is the most commonly found older asbestos material in homes. Other asbestos-containing materials were used in 'fibro' houses, but also found in brick and timber house mass from that period. Some asbestos-containing materials found in homes in New South Wales are listed in Appendix J.

Contamination of soil by asbestos or asbestos-containing materials can pose a risk in urban and rural environments if the asbestos can give rise to increased levels of airborne fibers that people can inhale.

Potentially hazardous activities

For sites that are significantly contaminated, the EPA and SafeWork NSW are the lead regulatory agencies. In general, significant contamination is usually associated with former asbestos processing facilities or when large amounts of buried waste containing asbestos have been exposed and give rise to measurable levels of airborne asbestos fibers. Such locations require regulatory intervention to protect the health of the community when the source of the contamination is not addressed by the person responsible.

In such cases the provisions of planning legislation and/or the Protection of the Environment Operations Act 1997 may be the appropriate mechanism for dealing with such pollution. Guidance on the assessment of land can be found in the document: Guidance on the obligation to report contamination under the Contaminated Land Management Act 1997.

Health hazards

Choosing an Asbestos Consultant Fact Sheet (Catalog No WC04547) (SafeWork NSW) www.safework.nsw.gov.au/formspublications/publications/Pages/Choosingasbestoscon sultant.aspx. Tackling Illegal Dumping: A Handbook for Local Government, 2007 (EPA) www.epa.nsw.gov.au/illegaldumping/resources.htm. Information about IDACUP ​​is available at www.environment.nsw.gov.au/grants/IDACUP.htm.

For more information on illegal dumping and safe disposal of asbestos waste, visit the EPA website: www.epa.nsw.gov.au. Land Contamination Management: Planning Guidelines SEPP 55 - Land Remediation, 1998 (Department of Planning and Environment and EPA) www.epa.nsw.gov.au/resources/clm/gu_contam.pdf. Guidance material: Asbestos and fire damaged buildings 2015 (EPA) www.epa.nsw.gov.au/resources/waste/asbestos/150044-asbestos-fire-damaged-.

E-mail: [email protected] Website: www.environment.nsw.gov.au/epa Licensed asbestos contractors. More information about the HACA can be found on the SafeWork NSW website: www.safework.nsw.gov.au. Website: www.health.gov.au/internet/main/publishing.nsf/content/ohp-environ-enhealth-committee.htm.

Scenarios illustrating which agencies lead a response in NSW The tables show which agencies are responsible for regulating the following scenarios in

SafeWork NSW Local Council EPA (Protection of the . Environment Operations Act 1997 Scheduled Activities Public Authorities). Local Council EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities) SafeWork NSW (workers). Local council EPA (Protection of the Environment Operations Act 1997 Scheduled Activities Public Authorities, declared contaminated sites) SafeWork NSW (workers on site).

Available from Asbestos-impregnated Vinyl floor tiles available until the 1960s that contain paper backing for available until the 1960s. Asbestos-containing laminates, (such as Formica) used where heat resistance is required. contains asbestos. Note: A Class B license is required for the removal of more than 10 m² of non-friable asbestos or asbestos-containing material, but the license holder can also remove up to 10 m² of non-friable asbestos or asbestos-containing material.

Note: A class B permit is required for removal of asbestos-containing dust associated with the removal of more than 10 m² of non-friable asbestos or asbestos-containing material, but the permit holder may also remove asbestos-containing dust associated with the removal of up to 10 m² of non-friable asbestos or material containing asbestos.

Figure

Table 1: Situations in which Council has a regulatory role in managing asbestos

References

Related documents

December 2017 5 Schedule 2: Interpretation asbestos has the same meaning as in the Health and Safety at Work Asbestos Regulations 2016 but does not include substances that contain