Who Does the Control of Asbestos Regulations Apply to?

 
 

The UK has very similar asbestos rules and regulations to New Zealand, with a Control of Asbestos Regulations 2012 established similarly to our Health and Safety at Work (Asbestos) Regulations 2016.

If you’re wondering ‘who does the control of asbestos regulations apply to?’ then you’re possibly wondering who must abide by the NZ equivalent of this UK regulation and whether they are just rules for business owners or the general population. We’ll answer that critical question and others below.

Who Do Our Asbestos Regulations Apply to?

It can sometimes seem like only service providers need to read all those official-looking documents to understand the rules and regulations around asbestos. In reality, we all should be aware of at least the basics about asbestos to know whether we legally can or can’t remove it ourselves.

These documents, such as the Health and Safety at Work Regulations, outline processes that licensed asbestos removalists must follow to keep themselves and others safe. Many of these same processes may apply to homeowners who wish to remove under 10m2 of non-friable asbestos.

As soon as more than 10m2 of asbestos or friable asbestos requires removal, a licensed removalist must take over and abide by all those outlined regulations.

 

Asbestos Regulation Changes in NZ

Asbestos rules and regulations changed in 2018, with some new criteria added to ensure businesses and individuals were in the best possible position to keep people safe. The new regulations were also put in place to strengthen the current ones and to reduce worker exposure.

 

Some of the latest additions that apply to individuals and businesses include:

 

Certified Safety Management Systems

WorkSafe reported that by April 4, 2018, businesses would need to have a certified safety management system in place if they were seeking a class A licence. A certified safety management system ensures that businesses have identified risks and have taken steps to manage them.

 

Air Monitoring

From 2018, independent licensed assessors must undertake air monitoring and clearance at class A removal sites. At class B sites, a licensed assessor or competent person can carry out this task.

 

Training

All workers and supervisors must be trained with relevant unit standards of equivalent CPCC courses, such as Australian courses recognised under the Trans-Tasman Mutual Recognition Act.

 

Asbestos Management Plans

An asbestos management plan must be developed where asbestos has been identified or where the PCBU should know it’s present.

 

Current Asbestos Regulations in NZ

Just like Control of Asbestos Regulations in the UK, much of what was already in our regulations remains the same, even though it has undergone significant changes in recent years. We’ve included a few of the most relevant points for homeowners and business owners alike.

 

Asbestos Removal

One of the most important clauses in our current regulations relates to asbestos removal. A PCBU that commissions asbestos to be removed must make sure a licensed asbestos removal expert carries out the removal work.

 

This clause doesn’t apply if the asbestos to be removed is non-friable and less than 10m2, or doesn’t relate to friable or non-friable asbestos and, instead, involves minor contamination.  

 

Licensing of Asbestos Removalists and Asbestos Assessors

A clause within our Regulations outlines the requirements of asbestos removalist and asbestos assessor licensing. You can’t remove friable asbestos at a workplace unless you hold a Class A asbestos removal license. An exception would be if the asbestos wasn’t friable or consisted of minor contamination.

 

A PCBU also can’t let a worker remove friable asbestos unless the PCBU has a class A asbestos removal license. Those who don’t follow these above clauses are committing an offence and may be liable on conviction for a fine not exceeding $10,000 for an individual and for any other person, a fine not exceeding $50,000.

 

Work Involving Asbestos

This clause in our regulations outlines the conduct and general duties of those carrying out work involving asbestos.

PCBUs can’t carry out or direct others to carry out asbestos work. However, this subclause doesn’t apply if it relates to:

 

  • Research and analysis

  • Sampling and identification

  • Transport and disposal

  • Removal

  • An emergency response

  • Firefighting

  • Maintenance and servicing

  • Work that disturbs asbestos during mining

  • Laundering asbestos-contaminated clothing

 

Air Monitoring Requirements

Air monitoring is an integral part of asbestos removal, and PCBUs who commission class A removal work must ensure that independent licensed assessors undertake air monitoring. If the workplace is someone’s home, it’s the job of the licensed removalist to bring in an independent licensed asbestos assessor to undertake air monitoring.

 

Rely on the Experts

When there are so many rules and regulations that change from country to country, it’s not always easy to know which laws and regulations apply to you. If you’re a business owner or a homeowner, you may be able to make asbestos removal much easier for yourself by contacting the experts to take care of everything from start to finish with your safety and all rules and regulations in mind.

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