It is very important that materials containing asbestos (MCA) are handled by qualified professionals to avoid health risks. Lists of registered professionals who can do house assessments if required, remove asbestos or provide training are available through the work safe websites listed for each State and Territory below.
However, there are obligations for carers due to the definition of a ‘workplace’.
In each State and Territory, a residence is a ‘workplace’ if a business, such as family day care, is being conducted there. Furthermore, any person with ‘control’ of a workplace has a duty of care to comply with their State or Territory Acts, Regulations and Standards.
Generally this requires carers to include asbestos in their risk management plans.
Carer plans should:
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identify any material containing asbestos (MCA) in the home (or if unable to, assume it is a MCA. A good guide is the ACT table of asbestos usage in homes based on the age of ACT properties. http://www.asbestos.act.gov.au/resources/pdfs/AA_Colour_HR.pdf
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assess the risks posed by the identified MCA; if it is in good condition and left undisturbed it does not pose a health risk. Most MCA around Australian homes is usually in good condition. If you suspect it is not in good condition arrange for appropriate removal or maintenance by a licensed contractor
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manage the risk by checking over the MCA to ensure it stays in good condition and ensuring the use of safe work practices when doing minor repairs
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review the risk assessment and the control plan periodically (every 5 yrs in the ACT). |
Click here for a Sample Risk Management Plan
If you are planning renovations which disturb any MCA, it presents a risk to yourself, your family and your clients. In these situations MCA work safe sites suggest the minimising of exposure to any dust particles and wearing of disposable mask and clothing.
Removing more than 10 square metres of asbestos in most States and Territories requires not only safe handling, but also consultation with a suitably qualified asbestos assessor and notification of local councils before the materials can be disposed of. Trades people doing such work should be licensed and knowledgeable of these requirements.
A good renovator’s guide for working with asbestos containing materials is found at:
http://www.health.qld.gov.au/asbestos/documents/asbestos_book_07.pdf
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SPECIFIC REQUIREMENTS FOR EACH STATE AND TERRITORY
QUEENSLAND
All businesses in Queensland are expected to be compliant with the code of practice from 1 January 2008.
Family day care carer workplaces are exempted under section 72 (2) of the Workplace Health and Safety Regulation 1997, as their premises are considered domestic; if no section of the house is sectioned off solely for the purpose of providing childcare and no staff are employed by the carer to work within the same premises in the delivery of the service.
Of note, section 73 requires carers to comply with the asbestos management code if they are altering their homes, demolishing, selling or letting.
This section can trigger the need for a trained and licensed inspector to identify and implement the material containing asbestos (MCA) removal control plan, particularly during major renovations.
Contacts
Phone: Workplace health and safety infoline 1300 369 915
Email: http://www.wageline.qld.gov.au/general/whsenquiry.html
Useful Links
Workplace Health and Safety Regulation 1997 and general information
Asbestos regulations
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkplHSaR97.pdf
Information sheet ‘Identification of asbestos’
http://www.dir.qld.gov.au/workplace/subjects/asbestos
Home Renovators Guide – safe work practices with asbestos containing materials
http://www.health.qld.gov.au/asbestos/documents/asbestos_book_07.pdf
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AUSTRALIAN CAPITAL TERRITORY
Asbestos laws affecting all residential homes in the ACT commenced in July 2006. The ACT laws focus on greater awareness and protection of the community and promote better management of asbestos materials.
The ACT legislation, the Dangerous Substances Act 2004 and other laws, require homeowners and landlords, whose properties were built before 1985, to provide statutory advice at point of sale to purchasers, usually done by lawyers, located at http://www.asbestos.act.gov.au/resources/pdfs/AA_Colour_HR.pdf.
Family day care carers in the ACT also have a duty of care as owners and occupiers of premises, to provide persons at risk, such as tradesmen, with information about asbestos at the premises, including its location and condition, if that is known.
Renovating can trigger the need for a trained and licensed inspector to identify and implement the Material Containing Asbestos (MCA) removal control plan.
Within an employed service model, the regulations in sections 1.3.1 and 1.3.8 share responsibility for managing risks associated with asbestos. The scheme is required to implement appropriate policies aligned with the regulations and take responsibility for the identification, risk minimisation, training of carers, record management of incidents and checks (5 yearly).
Carers are responsible for assessing and monitoring the risks associated with their own homes, attending training and complying with the regulations. The following chart provided on the ACT website supports carers in making an assessment based on the age of their property.
Common locations of MCAs in ACT homes*
(Percentage (%) of properties sampled where asbestos was detected)
Location |
Pre 1965 |
1965-1979 |
1980-1984 |
1985-now# |
| Eaves |
86% |
92% |
40% |
0% |
| Garage/shed |
80% |
70% |
15% |
0% |
| Bathroom |
54% |
75% |
50% |
0% |
| Laundry |
75% |
80% |
50% |
0% |
| Kitchen |
52% |
23% |
15% |
0% |
*results of 2005 Asbestos Survey over 600 ACT homes. # One MCA was found in a 1985 house supporting roof tiles on a gable end.
http://www.asbestos.act.gov.au/resources/pdfs/AA_Colour_HR.pdf
CONTACTS
Phone: Government’s information line 13 22 81 or 02 6205 0200
Email: workcover@act.gov.au
Useful Links
Legislation
Asbestos Amendment Bill No. 2
Dangerous Substances (General) Regulation 2004
Asbestos information
http://www.workcover.act.gov.au
http://www.asbestos.act.gov.au/asbestos_laws.html
Asbestos advice provided workmen or new owners of property or parents when doing renovations
http://www.asbestos.act.gov.au/resources/pdfs/AA_Colour_HR.pdf
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SOUTH AUSTRALIA
A family day care residence is considered a ‘workplace’. Therefore the carer is considered in ‘control’ of a workplace and has a duty of care to comply with the Occupational Health, Safety and Welfare Regulations 1995 Code.
The code places OH&S responsibilities with the carer, noting he/she has a duty to him/herself, as well as ensuring the workplace is safe and compliant with OH&S regulations in general.
With regard to asbestos, carers are required to risk manage these materials using a similar process as all other potentially harmful substances in the workplace.
South Australia has no specified time frame for re-assessments of MCAs.
Of interest is the opportunity to take advantage of a small grants program to support the implementation of OH&S in an industry/sector.
CONTACTS
Phone: Safe Work SA 1300 365 255 or 08 8303 0405 or 08 8303 0400
Email: Policy and legislative queries law@safework.sa.gov.au
Useful Links
www.safework.sa.gov.au
Occupational Health and Welfare Regulations
Small Project grants for training and support
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TASMANIA
Tasmanian workplace standards are governed by the Workplace Health and Safety Act 1995 and the Workplace Health and Safety Regulations 1998.
While residential premises are exempted, the Workplace Health and Safety Act 1995 consider a family day care residence as a ‘workplace’. Therefore under section 13, which refers to self-employed persons, the carer is responsible for ensuring that “he or she and all other persons are not exposed to risks to their health or safety arising from work carried on at the workplace.”
Where a carer is renovating or concerned about the condition of any asbestos containing materials, a licensed asbestos removalist may be required depending on the amount of asbestos to be removed. Otherwise safe handling practices by all workmen or carers in the residence should be used when smaller jobs may destabilise asbestos containing materials.
In addition the Workplace Health and Safety Regulations 1998 section 5 and Division 9 – Asbestos, refer to an accountable person, including a relief carer acting in place of the substantive carer, as having similar obligations.
These obligations require the carer to identify and assess any risks associated with MCAs in the environment, document these on a register, record dates and findings on that date and manage any risks where an MCA has deteriorated or constitutes a health risk appropriately.
Tasmania has no specified time frame for re-assessments of MCAs.
CONTACTS
Phone: 1300 366 322
Email: wstinfo@justice.tas.gov.au
Useful Links
Workplace Health and Safety Act 1995
Workplace Health and Safety Regulations 1998
Workplace Standards
Another helpful site
www.workcover.tas.gov.au
Flyer
Handling Asbestos in the Home
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NEW SOUTH WALES
A wide range of building and construction products containing asbestos were available up to 1987. Asbestos was banned from being used in fibro or sheet asbestos cement products made after 1982, corrugated products (mainly roofing materials) in 1984 and all other products by 1986. It use was completely banned in 2003. Asbestos was commonly used in:
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cement sheeting (fibro) |
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drainage and flue pipes |
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roofing, guttering and flexible building boards(eg Villaboard, Hardiflex, etc) |
Similar cement sheeting products are used today, but are asbestos free, eg brakes, clutches and gaskets. In the 1960's and 70's loose fibre asbestos was used in some parts of NSW as home roof insulation.
Carers are responsible for the risk management of materials containing asbestos (MCA) in their homes. The OH&S ACT 2000 and regulations 2001 definition of ‘employed’ includes self-employed for the purposes of responsibility for risk managing MCA.
The Act (7) defines risk as arising from how activities are undertaken and the condition of the MCA. Section (9) notes self employed persons, such as carers, must ensure they do not expose their health and safety or that of the families in their care to MCA that has deteriorated.
Compliance with the asbestos management code is required if carers are altering their homes, demolishing, selling or letting. Such activities can trigger the need for a trained and licensed inspector to identify and implement a MCA removal control plan and councils should be notified of any such changes.
For further information and advice please see below the websites and contact telephone numbers that may be helpful.
CONTACTS
Phone: (02) 4321 5000 or 13 10 50
Email via Website: http://www.workcover.nsw.gov.au/ContactUs/Feedback/default.htm
Useful Links
www.workcover.nsw.gov.au
OH&S ACT 2000
OH&S Regulations 2001
Home Renovators Guide- Safe Work practices with asbestos containing materials
Frequently asked questions
http://www.workcover.nsw.gov.au/FAQs/default.htm
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WESTERN AUSTRALIA
The Western Australian carer’s home is considered a ‘workplace’. Therefore the carer is considered in ‘control’ of a workplace and has a duty of care to comply with the Occupational Health, Safety and Welfare Regulations 1995 Code, Part III Division 2. S, 21. ‘Duties of employers and self-employed persons.’
Responsibilities lie with the carer, noting he/she has a duty to him/herself, as well as ensuring the workplace is safe and compliant with OH&S regulation 5.3 requiring carers to identify and assess risks from asbestos and maintain a register of materials containing asbestos (MCA).
Carers are required to risk manage MCA using a similar process as all other potentially harmful substances in the workplace.
CONTACTS
Phone: 1800 429 273 or 1300 307 877
Email: online@docep.wa.gov.au WorkSafe and thinksafe@docep.wa.gov.au
Useful Links
www.worksafe.wa.gov.au
http://www.worksafe.wa.gov.au/newsite/worksafe/content/worksafe/wswalaws0001.html
Occupational Safety and Health Act 1984
Occupational Safety and Health Regulations 1996
Fact sheet
http://www.worksafe.wa.gov.au/newsite/worksafe/media/pdf/asbestos/Fact_sheet_-_asbesto.pdf
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VICTORIA
Victorian legislation, the Act and Regulations can be accessed on the Workcover website along with links to most materials the State government provides to support residents in managing asbestos.
Of interest is the offer of financial assistance, three hours of free safety assistance and other support such as training for community based organisations, including childcare in complying with the Code for Small Business. This suggests both schemes and carers could apply to the Victorian Small Business Assistance Program, for such help.
Section 24 of the Act notes that self-employed persons are obligated to limit the risk of exposure of the general public to material containing asbestos (MCA). No other links are made between residential properties and the home based work environment, unless the relationship is with a paid ‘employee’ working from home.
Where a carer is renovating or concerned about the condition of any MCA, a licensed asbestos removalist may be required depending on the amount of asbestos to be removed. Otherwise safe handling practices by all workmen or carers in the residence should be used when smaller jobs may destabilise MCA.
Where a carer is unable to identify the presence of asbestos, it is recommended the materials are treated as if they were MCAs.
Both Victorian carers and schemes are required to maintain safety action plans (see link below).
An online tool has been designed to help small businesses keep track of any safety issues, including asbestos risks present in the workplace.
CONTACTS
Phone: 1800 136 089 or (03) 9641 1444
Email: info@workcover.vic.gov.au
Useful Links
www.workcover.vic.gov.au
ACT and Regulations
Free online assistance and other financial support to implement OH&S plans
Information for community services
Safety Action Plans
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NORTHERN TERRITORY
The NT Work Health Act introduced on 26 April 2007 (Part 4 Division 1. Section 30 A) ropes carers into managing asbestos in their home premises under the section titled, ‘Duties of self-employed persons’. This requires that carers take reasonable care to ensure their own and others health and safety within their own homes. The Act is further reinforced by the Work Health (OH&S) Regulations of 31 May 2006.
Of note, the presence of asbestos must always be ascertained before any renovations are carried out, preferably by a licensed asbestos removalist. The NT limits home renovators to working with a maximum of 10 square metres of asbestos or where maintenance involves it one metre of friable asbestos. For amounts over this a licensed asbestos removalist must be employed and councils strictly monitor dumping of all materials containing asbestos (MCA).
Carers are reminded that even minor work around the home, such as drilling a hole to hang a picture or replacing a sink, can potentially expose you to asbestos fibres.
In risk managing MCA, there is nothing in the Act or Regulations that require all carers to do anything specific, such as have an assessment to establish a register of all MCA in their homes or maintain a risk management plan.
CONTACTS
Phone: 1800 019 115
Email: ntworksafe.deet@nt.gov.au
Useful Links
Northern Territory of Australia Work Health Act as in force at 26 April 2007
Workcover Legislation
Work Health (Occupational Health and Safety) Regulations as at 31 May 2006
Helpful Advice
http://www.asbestos.nt.gov.au/
http://www.asbestos.nt.gov.au/media/diy_renovators_booklet.pdf
A list of suitably qualified inspectors is being prepared by Worksafe.
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