SafeWork Australia has amended its Work Health and Safety regulations to ensure restrictions around the handling of asbestos products are adhered to.
In making changes to the Work Health and Safety Act, SafeWork noted that a total ban on asbestos came into effect in Australia on 31 December 2003, making it illegal to make, use or import asbestos from that date.
“Despite this ban, asbestos that has been fixed or installed since 2003 is still being found in Australian workplaces,” SafeWork said.
It said changes to the Act were intended to ensure greater certainty in the regulation of prohibited asbestos.
“In this context, prohibited asbestos means asbestos fixed or installed in a workplace after the prohibition on asbestos was introduced,” SafeWork said.
“Under the changes, the Work Health and Safety (WHS) regulator must issue a prohibited asbestos notice if they reasonably believe prohibited asbestos is present in a workplace,” it said.
“This is even if the asbestos is discovered long after any work involving it has been completed.”
It said existing provisions for improvement and prohibition notices already covered many cases where prohibited asbestos was identified.
“These changes fulfil the intention that a notice be issued in all cases where prohibited asbestos is identified, to ensure the risks it poses are promptly addressed,” SafeWork said.
“As this new form of notice simply addresses uncertainty about a possible unintended gap in existing powers under the model WHS laws, a public consultation process was not undertaken.”
It said, however that consultation was undertaken with Commonwealth, State and Territory Governments, employer and worker representatives, through SafeWork Australia’s usual processes.
