Occupational Health and Safety Law and Asbestos for Environmental Health Practitioners/ Officers

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Occupational Health and Safety Law and Asbestos
forEnvironmental Health Practitioners/ Officers

• Linda Timothy
• Regulatory Consultant
• Legislation Branch
• WorkSafe Victoria

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Topics to be covered

• The legislation
• What is a workplace?
• Employers duties
• The Occupational Health Safety (Asbestos)
  Regulations 2003
• asbestos removal
• prohibitions that apply to both a workplace and a
  non-workplace
• WorkSafes role

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The Legislation

• WorkSafe administers three Acts
• The Occupational Health and Safety Act 2004
• The Dangerous Goods Act 1985 and
• The Equipment (Public Safety) Act 1994.
• The Occupational Health and Safety (Asbestos)
  Regulations 2003 are made under both the OHS Act
  and the DG Act.
• the majority of the regulations are made under
  the OHS Act and apply to workplaces
• some of the prohibitions are made under the DG
  Act and apply to workplaces and non-workplaces.

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Workplace

• The Occupational Health and Safety Act 2004
  applies to workplaces and defines a workplace
  broadly as
• A place, whether or not in a building or
  structure, where employees or self-employed
  persons work.
• The definition is very broad and includes
• offices
• factories
• where gardeners work
• where couriers work
• where environmental health practitioners/officers
  work and
• where WorkSafe inspectors/EPA inspectors work.

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Workplace

• A non-workplace is not defined but can loosely
  be considered as a place, whether or not in a
  building or structure, where employees or
  self-employed persons do not work.
• Non-workplaces include
• domestic premises where work is being carried out
  by the owner (or a tenant) to repair the
  kitchen or shed
• domestic premises where the owner is demolishing
  the garage.
• A non-workplace can become a workplace, for
  example
• If a home owner engages a contractor to carry out
  work, the domestic premises would become that
  contractors workplace, due to the works being
  undertaken, and the OHS Act would apply.

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Employers Duties

• The Occupational Health and Safety Act 2004
  (section 21(i)) requires that
• An employer must, so far as is reasonably
  practicable, provide and maintain for employees
  of the employer a working environment that is
  safe and without risks to health.
• The Occupational Health and Safety (Asbestos)
  Regulations 2003 set out in more detail, the
  responsibilities of an employer towards their
  employees and others in relation to asbestos.

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Regulations made under the Act

• Occupational Health and Safety (Asbestos)
  Regulations 2003
• Part 1 Objectives, definitions, exemptions
• Part 2 General requirements
• Part 3 Prohibitions
• Part 4 Asbestos removal licensing provisions
• Part 5 In situ asbestos
• Part 6 Demolition where asbestos present
• Part 7 Asbestos removal
• Part 8 Other specified activities involving
  ACM

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Asbestos Removal

• The OHS (Asbestos) Regulations 2003 require that
  a licensed asbestos removalist be engaged to
  remove asbestos that is fixed to or installed in
  a workplace, unless
• the asbestos-containing material is non-friable
  and
• the area to be removed is less than 10 square
  metres in total and
• removal is not undertaken for more than 1 hour in
  any period of 7 days.
• The Regulations permit an employer or
  self-employed person to conduct this limited
  removal work at a workplace.
• This regulation would also apply in the case of
  a domestic premises that has become a workplace
  due to a contractor having been engaged to remove
  the asbestos.

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Asbestos Removal

• An Order (Vic Govt Gazete No. S239) made under
  the Dangerous Goods Act 1985 requires that a
  licensed asbestos removalist be engaged to remove
  asbestos-containing dust and debris at a
  workplace unless
• it constitutes no more than a minor
  contamination or
• it is derived from or associated with removal
  undertaken by a licensed asbestos removalist or a
  removal undertaken under reg 207 or
• It is associated with certain activities
  prescribed under Part 8 of the Regulations.
• The Order would also apply in the case of a
  domestic premises that has become a workplace due
  to a contractor having been engaged to remove the
  asbestos

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Prohibitions in relation to asbestos

• The Occupational Health and Safety (Asbestos)
  Regulations 2003 (Part 3, Division 3) prohibit
  the following activities
• supply of asbestos or asbestos-containing
  material
• storage of asbestos or asbestos-containing
  material
• transport of asbestos or asbestos-containing
  material
• sale of asbestos or asbestos-containing material
• use of asbestos or asbestos-containing material
• manufacture of asbestos-containing material and
• re-use, installation and replacement of
  asbestos-containing material.
• These prohibitions are made under the Dangerous
  Goods Act 1985 and apply to persons at
  workplaces non-workplaces

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WorkSafes Role

• WorkSafes Role includes
• monitoring and enforcing compliance with the Acts
  and Regulations that it administers
• monitoring the operation of measures taken and
  arrangements put in place to ensure occupational,
  health, safety and welfare and
• giving advice and information to persons in
  relation to occupational, health, safety and
  welfare.

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WorkSafe Contact Details

• Advisory Service Phone No
• 1800 136 089
• For further information about WorkSafe and for a
  list of licensed asbestos removalists, see
  WorkSafes website at
• www.workcover.vic.gov.au

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Questions?