Asbestos Registers – Who Needs Them and What is Their Purpose?
If you are a commercial property investor, you need to be fully informed on the topic of Asbestos Registers. This blog post aims to educate property owners about their legal obligations when it comes to owning a property where asbestos is, or may be, present.
What is an Asbestos Register?
An Asbestos Register is a list of all asbestos that has been identified or could possibly be present in a workplace. This document must record any asbestos, material containing asbestos (MCA), or presumed ACM at the workplace periodically.
The documentation must clearly specify:
Statements that no asbestos or ACM is identified at the workplace if the individual knows that no asbestos or ACM is likely to be identified or present occasionally at the nominated workplace
What is the Purpose of an Asbestos Register?
The Asbestos Register exists to prevent employee exposure to asbestos dust and fibres by identifying the type, condition, and location of any asbestos material on the property. To comply with WHS Regulations, a competent person must survey the property and take note of all construction materials used in the building or plant. This includes checking for any debris, redundant stock or equipment that is being stored on the premises. The data from the survey must then be recorded in the register.
A typical Asbestos Register will include:
Any asbestos assumed to be in the workplace
The results of any tests that confirm whether or not the material at the workplace is asbestos
A record of the date asbestos was identified in the premises
Details of any inaccessible areas, with photographs or drawings to illustrate exactly where the asbestos is located
When is an Asbestos Register required?
In South Australia, under Section 425 of the WHS Regulations, all commercial properties constructed before 31 December 2003 are required to have an Asbestos Register created for the property.
An asbestos register is not required where there is no workplace operated from the property, i.e. the site is vacant.
Commercial Property Owners Responsibilities
If you own a commercial building and lease or rent it to another business, you are responsible by law for any asbestos management within that building (as long as you maintain control over the property).
Should an asbestos register confirm asbestos or ACM is present or likely to be present, commercial property owners are required to put an asbestos management plan in place. This plan must clearly identify any asbestos or ACM, detail the decisions made about the management of any asbestos – and the reasons for those decisions, specific procedures for reporting incidents or emergencies in the event of an asbestos-related incident or emergency in the premises. These procedures are designed to protect workers who may be exposed during their work at the property.
According to the WHS Regulations, commercial property owners should regularly update both the asbestos register and management plan, and all documents much be readily accessible.
It is the commercial property owner’s responsibility to stay up to date with WHS regulations and comply with them to avoid being fined.
The Impact of Asbestos on Selling or Purchasing a Commercial Property
If you are selling your commercial investment property, it is important to give the new owner copies of any asbestos documentation, such as a register or management plan.
As a commercial property purchaser, prior to negotiating a contract or during the due diligence period, buyers need to request a copy of the asbestos register and management plan for the property from the owner or agent. If there isn’t a register or plan for the property, check to see if the WHS Regulations require one. You might need to ask the seller, Council, and/or do physical inspections.
By asking these questions early in the buying process, purchasers can request that the contract is edited to state that the reports will be done before settlement. Alternatively, a purchaser may plan and budget for the cost of procuring these reports after settlement.
Who Requires Access the Asbestos Register?
By law, the Asbestos Register must be made available to all tenants, occupiers, contractors or any other person who may at any time encounter asbestos or ACMs at the property.
In particular, the Asbestos Register must be made available for inspection by statutory authorities who may impose penalties for failure to properly implement and maintain the register and associated safe working environment policies.
What are the Benefits of an Asbestos Review?
An asbestos review will minimise the property owner’s legal liabilities to tenants, contractors, and/or employees.
It can also help commercial property owners to:
Comply with statutory regulations to avoid fines being imposed
Minimise potential for Worker’s Compensation claims based on asbestos exposure
Minimise the potential for any insurance claims to be rejected due to non-compliance
Enhance the likelihood of passing an internal or independent audit
Avoid potential problems with trade unions; and
Ensure any potential health risks to building/workplace occupants from possible exposure to asbestos are minimised
How to conduct an Asbestos Review
The following steps will assist you in carrying out a review:
If any ACMs have been identified in the building, check their condition for any signs of damage, vandalism or disturbance
Make a clear assessment of any work performed on or near the ACM
Assess whether any materials are unstable or friable, and if so, ensure they are removed by a licensed asbestos removalist in accordance with regulations
Assess whether any contamination has occurred to other materials
Keep accurate records of any maintenance access
Ensure an asbestos management plan is put in place
Assess the potential health risk to any occupants of the building
Restrict access to any hazardous areas within or around the building
Be sure to place restrictive access signs or caution signs at and around the site if/where contamination has occurred.
To learn more about your rights and obligations as a commercial property owner or tenant, visit our website: www.commercialoffmarket.com.au.