Published: 25 March 2007.

New Asbestos Laws apply NOW Do you comply?
As from 1st January 2006 the asbestos laws in Queensland changed. All Asbestos Containing Materials or ACMs are now to be included in an Asbestos Containing Materials Register that is kept on site. The changes reflect a move to national asbestos management standards.

Under the new legislation, all existing asbestos registers that complied with the previous legislation will need to be updated. For those buildings approved for construction before 31st December 1990 (which includes most building built during 1991 and some in 1992) that do not yet have an asbestos register there is now a clear upgraded requirement.

To get up to date on all things asbestos read on. Just read the section with headlines that interest you.

· Update info on all things asbestos

How does including Asbestos Containing Materials (ACM) change things?

Up until 1st January 2006 only asbestos materials were required to be on your asbestos register.

Asbestos Material
Asbestos material is most often found in acoustic and thermal insulation in walls and lagging (insulation) around pipes. In these situations asbestos was used in an almost raw state, which meant that asbestos fibres which are the deadly bits if you breath them in, would with very little disturbance get airborne. Asbestos fibres in this state are termed loose and friable.

Asbestos Products
Asbestos products, which were used extensively in building construction until the 1990 and in some cases beyond, were not required to be on your asbestos register until the 1st January 2006.

These asbestos containing construction products included AC sheeting or asbestos cement sheeting used in walls and soffits, floor and wall tiles, roof shingles, super 6 roofing corrugated roofing sheets, electrical switchboard backing boards, fire doors, vermiculite (the rough textured grey coloured surface often used on stairway and hallway ceilings and in many other products. It was used extensively due to its thermal qualities, fire resistance and plentiful availability.

Asbestos fibres in asbestos products were deemed until 1st January 2006 to be in a stable state and not a huge health risk. This of course is not true as simple act of drilling a hole through AC sheet releases airborne asbestos fibres.

The changes now mean that both asbestos materials and asbestos products must now be on your asbestos register.

What is asbestos?
It is natural material made up of tiny fibres, which can lodge in the lungs and lead to cancer or scarring of the lungs. The cancer may be lung cancer or (mesothelioma), which is a cancer of the lining of the lungs or other internal organs. The scarring of the lungs is termed asbestosis. Exposure to asbestos usually occurs by breathing contaminated air in workplaces that make or use asbestos or in the air of buildings containing asbestos that are being torn down or renovated.

The Asbestos Register
Now all ACMs must be included on the asbestos materials register with other details including: -
Identification

· dates of inspections

· locations of asbestos

· details of materials presumed to contain asbestos

· inaccessible areas that contain asbestos

· analysis results.
Risk assessment

· dates of risk assessments and details of the competent person that performed them

· findings and conclusions of risk assessments

· results of any air monitoring for airborne asbestos fibres.
And control measures

· the control measures resulting from a risk assessment

· full details of any maintenance work or service on ACM. The are some changes pending to your WH&S obligations and exemptions in regards to Asbestos
The register must be on-site and is to be made available to:

· workers and their representatives

· any other employers within the premises

· any person removing ACM

· any person engaged to perform work that may disturb ACM

· any other person who might be exposed

Which buildings do the asbestos laws apply to?
The new legislation applies to all buildings that were built under an approval given by a local government before 1990. (This of course included many buildings built in 1991 and some in 1992.)

By what date must you comply?
By the 1st January 2008 or when there is a relevant event, which includes: -

· Sale or lease of part of all of the building

· Or if the building altered, dismantled or demolished.

Owners of buildings must comply
Under Part 11, Division 3, of the Workplace Health and Safety Regulation 1997 owners of buildings and structures that are workplaces must comply with the requirements of the asbestos management code.

Definition of an owner includes body corporate manager
Under the Workplace Health and Safety Act 1995 owner is defined to include a person who has control of or manages a workplace and a lessee, licensee, mortgagee in possession and a receiver or company administrator.

Does the residential exemption relating to asbestos still apply?
Currently according to the Workplace Health and Safety Regulations, the asbestos requirements still do not apply to buildings that are used for purely for domestic residential use which includes: -

· House

· Units

· Townhouses

The Division of Workplace Health Safety has confirmed that the residential exemption still applies. However, it is also clear that asbestos product and material (ACMs) may be present in common property environments, especially in buildings built before 1990. Can Body Corporates? afford to take the chance of potential exposure risks to occupiers, workers or the general public posed by asbestos in their environments?

Residential exemption is of little comfort - Legal advice
Most have taken little comfort in the exemption due to obligations under common law duty of care and the Body Corporate Community Act 1997. Legal advice provided to the Communities Titles Institute of Queensland about this exemption and published in its journal states: - ?A body corporate should not take comfort from the fact that the Workplace Health and Safety legislation may have exempted it from partial or total compliance with its provisions. The effect of the exemption is that the body corporate cannot be prosecuted for non-compliance.'

The amendment does not take away the responsibility of the body corporate to comply with section 114 of the Body Corporate and Community management Act 1997 (?the Act?). This section of the Act casts the duty on the Body Corporate to ?administer, manage and control the common property and body corporate assets reasonably and for the benefit of the Lot owners?

The amendment also does not take away the common law duty of the body corporate not to endanger its occupants, workers and visitors by exposing them to unsafe materials on common property.

The more important concern from a body corporate?s point of view is not the prospect of a being exposed to a fine but being exposed to a civil litigation claim from a person who has contracted asbestosis or some other life threatening illness as a result of residing in or visiting a building with an asbestos problem which has not been properly managed. A claim of this nature could result in an award of damages in the hundreds of thousands of dollars or possibly millions. Given that most if not all- insurance companies now exclude claims related to asbestos this is a serious problem.

For a body corporate to have any chance of defending itself from such a claim it would need to show that it had properly identified, managed and where necessary eliminated the risks associated with asbestos.

For a body corporate manager to avoid liability or defend itself (if joined as a defendant to any civil claim) it would need to show that it had highlighted the asbestos risk to the body corporate and recommended that the body corporate takes the appropriate steps to identify, manage and where necessary eliminate the risk.

Written by James Freestun, Managing Director of Solutions ie Pty Ltd

Read on...for Legal Advice on Asbestos

Conclusion - Legal advice offered by HERD LAW

Asbestos is a deadly substance that has long-term fatal consequences to those who are unfortunate enough to breath in one of the barbed fibres that is so damaging to human lungs.

Sensibly all Asbestos Containing Materials (ACMs) are now required to be on an available asbestos register. It makes sense that even though asbestos imbedded in an asbestos product like Asbestos cement sheeting is safe and stable when left undisturbed. As soon as a drill or an electric sander is used on it asbestos fibres are lifted and released into breathable air.

It is clear that all commercial, industrial and mixed use schemes that were approved for construction before 1990 need to comply quickly. Further domestic residential buildings should comply to meet common law duty of care and obligations set down in the Body Corporate Community Act 1997.

Those who have had an asbestos assessment previously when asbestos materials only were required to be identified will need to get a new assessment done to update their asbestos register to include all ACMs.

Reply from: Mr Concerned

8:51pm Thursday, 17 May 2007

We have recently purchased an 80 yr old queenslander in a sea side town of qld. A building inpection has revealed that the house has ceilings which are mostly lined with asbestos cement sheet. I am unsure of what my obligations are as landlord. Can anyone steer me in the right direction?



Regards,

MG

Reply from: Bec

8:51am Wednesday, 01 August 2007

My family and I are living in a rental home where there is a lot of broken up walls downstairs. We have requested that a survey be done on the materials to discern whether this is asbestos or not. If it is, am I able to seek compensation on behalf of my children? Is it a criminal matter? Does the real estate agent have any responsibility in ensuring the safety of tenants in areas such as these?

Reply from: Nick

01 August 2007

Bec - If its just a few sheets of Asbestos laying around I wouldn't lose too much sleep. I remember this American guy started working at our company and when he found out his house was asbestos he almost died on the spot. But I believe it really only becomes a danger its smashed into dust... in reality, asbestos is safe so long as you don't go stirring it up. Its the cost of disposing of the stuff that will really kill you.

Would be interested to hear what your investigation uncovers though - please do keep us posted on this one.

Reply from: Bec

3:16pm Friday, 03 August 2007

Nick- The sheets are broken to pieces and it is actually all of the old internal walls of the house there is a fine dust film all over the place under the house will keep you posted about survey results

Reply from: jax

10:01am Saturday, 06 October 2007

i have recently moved into a rental property that has asbestos sheets on my garage. i have read and understand that it is not harmful unless broken down. there are a few spots which are broken and i found a few small broken pieces lying on the backyard. does my landlord have an obligation to remove it seeing that it is broken?

Reply from: Bianca

8:31am Tuesday, 15 January 2008

I am staying at my boyfriend's parents house which is a rental property and the tiles on the bathroom floor have gone to reveal aspestos sheeting which is walked on everyday, I thought this was dangerous but the rental agency she is dealing with has left it un-changed for over 1 year. May I please have some legal advice or information in general, I don't want to see the 10 year old kid who uses this toilet the most growing up with aspestosis



Thankyou

Reply from: Clare

1:49pm Sunday, 10 February 2008

I have a similar problem to Mr Concerned. Our recently purchased house is approximately 40 years old and all the internal and external walls and ceiling are asbestos cement sheeting. We have recently been told by someone that there is legislation coming in that will mean we have 5 years to remove ALL the asbestos. Is this true?

Reply from: Andrew Mantle

8:43am Thursday, 12 June 2008

For those holding Management Rights, please do not be mislead into thinking that simply having an Asbestos Audit or register satisfys the requirements of the National Asbestos Management Code - IT DOES NOT!

As a "person in control" of a premises, you are required to have an Asbestos Management Plan in place. The Asbestos Management Plan has as a key part, the register, but it is by NO means the only part.

If you are unsure of your requirements to meet your obligations under the code, please go to www.asbestosaudit.com.au or call 1300 550 178

Reply from: luigi

1:07am Sunday, 22 June 2008

i have signed a one year lease on a rental property for me to live in it

when filling in the condition reporty a closer inspection revealed that all the walls and ceilings are made with the old cement sheets and many holes have beeen drilled in the cement sheet in past and optus has to come out to install the optus cable through the asbestos walls

they will have to drill in the asbestos walls

can i get out of the lease???

Reply from: Nick

10:37am Monday, 23 June 2008

Luigi are you sure it's actually asbestos? Perhaps the first step is to confirm if your fears are warrented by ensuring the walls are made from asbestos fibro and not just compressed cemenent.

Reply from: Andrew

12:06pm Monday, 23 June 2008

Hi Luigi

Asbestos is in a great many residential and commercial properties. As long as the Asbestos sheeting appears to be in good condition, you should not have anything to worry about. Certainly the drilling of holes etc is a serious issue. So to are any holes already in the sheeting that may have exposed fibres. These need to be sealed and the Asbestos encapsulated. Only the ACT has a current requirement for Asbestos to be identified durring the sale of a residential property. There is no requirement for tenants in residential properties to be advised of asbestos in the property. In saying that we have been contacted on a number of occasions to provide an inspection on commercial properties where a tenant was not provided with a copy of the Asbestos Management Plan and have effectively been released from a lease due to this fact.



In simple terms, I agree with Nick. If possible have the sheeting sampled and analysed by a competant professional. Talk to your agent and detail to them in writting that you have concerns and would like the property to be audited.



good luck

Andrew

Reply from: luigi

8:38pm Monday, 23 June 2008

hi guys thanks for your replies

thank god that the walls and ceiling turned out to be masenite and not cement sheets.

After installation

the masenite was painted with white undercote that would have been in the 1950s

over the years the masenite walls were painted and also at some stage covered with wall paper

Now sections of the walls and ceilings were the wall paper peels of you can see the white painted masenite that looks like the old type cement sheet

many holes in the masenite were at some stage painted over giving the effect like it is cement sheet

But on closer inspection of the holes one can see the brown masenite

there is a piece of asbestos sheeet in the kitchen behind the instantant gas hot water heater about 800mm by 900 mm

its not painted yet and edges just broken into the right size

i will encupulate the broken edges with paint

thanks for the help

luigi

Reply from: David

8:47am Tuesday, 16 September 2008

I have just moved from a place after living there for 4 years... it is a very old queenslander type place and on moving out, had closer inspection of downstairs area...



There is a huge cannister (like 1.5m high) and prob 1 metre diameter) which has been broken down, and piles of fibrous material that from pictures I have seen, appears to be asbestos... the pile of this material that has come out of the cannister has been walked on by people and potentially disturbed into the air. Being that I have lived there for 4 years with this under my house and potentially in the air, what is the best course of action?



I have moved out and am now living in a new place without such worries! But just wondering what avenue I have in case any health issues arise down the track?



Regards,



David

Reply from: Andrew

11:23am Tuesday, 16 September 2008

Hi David,

Many substances could have the appearance of asbestos. The only way to tell is to have laboratory analysis completed on a sample.



If you suspect there is an issue, you can also contact the relevant workplace health & Safety unit and ask for advice.

Reply from: Barry

4:02pm Friday, 26 September 2008

Pity all those millions of guys that worked with asbestos cement sheeting over the decades in Australia and overseas - builders, carpenters, handymen, etc, including me, because the government has now determined we will all get asbestosis. I think not! My understanding is that only loose blue asbestos such as was used in lagging causes the problem. Another case of knee-jerk legislation?

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