Property Owners Need an Asbestos Plan

Commercial property owners must prepare for new health and safety regulations governing asbestos, due to come into effect early next year.

That's the message from Bayleys managing director Mike Bayley, who points out that the Health and Safety at Work (Asbestos) Regulations 2016 come fully into effect on April 4.

It is imperative that owners of property where there is asbestos start drawing up their asbestos management plan now, he says.

Under current rules, commercial property owners or occupiers are required to identify any asbestos in the workplace. If a building owner or occupier knows there is a risk of exposure to respirable asbestos fibres, they must identify all asbestos that poses a risk of exposure, as well as any material containing more than 1 per cent asbestos.

Bayley believes a significant number of commercial buildings in New Zealand are likely to still have asbestos or asbestos-containing material (ACM) in them, particularly those built or renovated between 1940 and the mid-80s, when asbestos was often used as a fire retardant and in insulation.

"Modern commercial buildings are less likely to contain asbestos or ACM.

"However, commercial property owners should note the import ban on all products containing asbestos only came into force late last year, and so not assume their properties are asbestos-free.

"Property owners and tenants should conduct an asbestos survey of their buildings, keep a record of the location and condition of the asbestos they find and update their risk register accordingly," says Bayley.

Worksafe New Zealand says the regulations will assist commercial property owners and workplace managers to minimise harm to people working around asbestos, until the material is eliminated.

"People living and working near asbestos and ACM should expect their health to be protected and workers to use safe practices to manage or remove asbestos, the government body says," says Bayley.

"The dangers of asbestos exposure are well-known. It is New Zealand's single largest cause of deaths from work-related disease."

Lawyers Tim Clarke and Jane Holland, who specialise in health and safety law and commercial real estate, say a (written) asbestos management plan must contain:

• the identification of asbestos or ACM;
• decisions (including reasons for those decisions) on how the risk caused by the asbestos is managed; and
• procedures for detailing incidents or emergencies involving asbestos or ACM in the workplace.

Lawyers for New Zealand firm Bell Gully say a building owner or occupier must ensure the asbestos management plan is kept up-to-date and a copy is readily accessible to any worker who has carried out, carries out, or intends to carry out work at the workplace, or any business that intends to carry out work at the workplace.

"After April 4, businesses will revise their plans if the asbestos is removed from, or disturbed at the workplace, or if five years have passed since the plan was last reviewed.

"The regulations also require businesses that manage or control a workplace to ensure a person's exposure to airborne asbestos is eliminated so far as is reasonably practicable, or minimised where it is not reasonably practicable to eliminate the risk."

Clarke and Holland say there could be situations where the property owner and tenant will both be considered responsible for the "management or control of a workplace", and therefore have overlapping duties under the regulations.

"In these scenarios, the Health and Safety at Work Act 2015 requires both parties to consult, co-operate and co-ordinate activities ensuring no gaps in protection. Parties will need to share information on how they will meet their obligations.

"For example, who will take responsibility for maintaining the asbestos management plan, and what process will the building owner and the building occupier use to communicate relevant information when it comes to light?" say the lawyers.

Understanding and Managing Asbestos in Your Home: A Guide for Homeowners

Asbestos, once hailed for its heat resistance and insulating properties, has been found to pose significant health risks, leading to its reduction and regulation in building materials. However, many homes built before the 1980s may still contain asbestos. Understanding what asbestos you have in your home and having a management plan is crucial for ensuring the safety and health of your household. Here's a guide to help homeowners navigate the complexities of asbestos in their homes.

Identifying Asbestos in Your Home

Common Sources of Asbestos:

1. Insulation: Asbestos was commonly used in attic, wall, and pipe insulation.
2. Floor Tiles: Vinyl tiles and the backing on vinyl sheet flooring often contained asbestos.
3. Ceiling Tiles: Drop ceiling tiles and “popcorn” or “cottage cheese” ceilings may contain asbestos.
4. Siding and Roofing: Some types of shingles and siding were made with asbestos.
5. Adhesives: Black mastic used for tile adhesive might contain asbestos.

Professional Testing:

If you suspect materials in your home contain asbestos, do not disturb them. Disturbing these materials can release asbestos fibers into the air. Instead, hire a professional asbestos inspector to take samples and conduct tests. These professionals are trained in safe sampling protocols and can identify materials containing asbestos in your home.

Health Risks Associated with Asbestos

Asbestos fibers, when inhaled, can lead to serious health issues, including asbestosis, lung cancer, and mesothelioma, a rare form of cancer primarily associated with asbestos exposure. The risk increases with the amount and duration of exposure, but there is no safe level of asbestos exposure.

Developing an Asbestos Management Plan

Once asbestos is identified in your home, you'll need a management plan to handle it safely. Here are the steps to consider:

1. Leave Undisturbed Asbestos Alone

If asbestos-containing materials (ACMs) are in good condition and not in areas where they are likely to be disturbed, they may not pose a significant risk. It's often safer to leave them undisturbed and monitor their condition over time.

2. Regular Monitoring

Inspect the condition of ACMs regularly. Look for signs of wear or damage, such as tears, abrasions, or water damage. If the material is deteriorating, it's more likely to release fibers.

3. Professional Removal or Repair

If ACMs are damaged or will be disturbed by renovations, professional removal is often the safest course. Asbestos abatement professionals can safely remove, repair, or encapsulate the materials. Never attempt to remove asbestos materials yourself.

4. Legal and Safety Compliance

Adhere to local regulations regarding asbestos removal and disposal. Professional asbestos removal services will ensure that all legal and safety protocols are followed, including proper disposal at approved facilities.

5. Document Your Actions

Keep records of any inspections, tests, and abatement activities. This documentation can be valuable for your reference and necessary if you sell your home.

Preventing Exposure

While asbestos is present, take steps to prevent fiber release:

• Do not drill, saw, or sand materials suspected of containing asbestos.
• Avoid using abrasive pads or brushes on power strippers to strip wax from asbestos flooring.
• Never use a power washer on asbestos materials.

Conclusion

Understanding and managing asbestos in your home is critical to ensuring the safety and well-being of everyone who lives there. By identifying potential asbestos materials, assessing their condition, and following a well-considered management plan, you can mitigate the risks associated with asbestos. If you have concerns about asbestos in your home, don't delay—seek the help of professionals to assess the situation and advise on the best course of action. Remember, the key to managing asbestos is not inducing panic but fostering awareness, caution, and responsible action.