Asbestos Inspections, Testing and Labs

To be clear, inspection and testing are always required to identify, locate and assess suspect material prior to work. In the case of a residential property, the alternative is to assume suspect material to be worked upon is asbestos containing, but this may unnecessarily restrict work activities. The formality of the “asbestos register” to document suspect and confirmed materials on site is only legislated for commercial/industrial properties. In the residential home context, assessment usually has greater focus on houses built pre-1990 and the report may assume different forms (compared with commercial buildings built up until 31^st December 2003 that requires the formal asbestos register).

To confuse this further, if workers of a company or contractors reside in a company owned or leased property, then this is typically deemed as a commercial arrangement and a non-residence. I.e. not a residential home, but accommodation for workers required to be there as part of their occupational role. In this instance, the formal survey and asbestos register report is required and for buildings constructed before the end of 2003. This can include (and is not limited to) properties like mine camps, farm properties or stations, executive/manager residences, or nursing/shearer quarters.

Under WHS Regulation, all buildings, structure or plant require an asbestos register to ascertain the location of asbestos containing materials. That register document must be maintained, up to date and available on site (Reg 422 to 430). This applies to all structures/plant and equipment built before 31^st December 2003.

On rare occasions, properties with Naturally Occurring Asbestos (NOA) will also require registers, along with sites post the 2003 date if there is a likelihood of asbestos being present.

Typically, where there is a corporation or business who owns/manages a residential property, for example a Strata body managing units, then this is treated as a commercial property arrangement, even if there are residential tenants or individual strata owners. Therefore, a survey and formal asbestos register is required. Generally speaking, if a business, development company, investment fund, builder, or other corporate group have some managerial or ownership profile over properties or units this implies commerciality, and, more importantly, a workplace (e.g. a frequented property where workers are sent to perform maintenance).

Property investments with “mum and dad” type landlord and residential tenancy arrangements have not traditionally been required to have surveys and formal asbestos register reports, even if managed by an agent – noting this has had limited test case history in court to assess the commerciality of that arrangement.

However, the minute you send someone to the property to perform work, and it is reasonable they should have received a fee or reward, it becomes a workplace. The bare minimum requirement, in this instance, is an assessment is required to identify suspect material and mitigate exposure prior to starting - under WHS legislation, pertaining to asbestos-related work or removals.

If a trade or worker is deemed competent, by training and experience, to perform these site assessments before commencing then this obviously helps, but if not, the person(s) sending them there and/or the trade may become liable for subsequent accidental disturbances and rectification. The trade/worker must also be competent to perform the asbestos-related activity if indeed it is to be disturbed.

In summary, the identification and risk associated with potential asbestos containing material, plus consideration to appropriate controls is a universal requirement no matter the property type, use, or tenants/occupants present. The reporting side is just more formal in the business/commercial/industrial setting where an asbestos register is required. Refer to FAQ regarding strata or business run properties for more information.

Under WHS Regulation 427, the asbestos register must be reviewed, and as necessary revised, to check the condition of the asbestos, which includes a review of controls in place, or a plan to remove it (WHS Regulation 352, 401, 430).

A competent person must assess the presence of asbestos prior to any building work, maintenance or disturbance activity.

In short,

All asbestos that is likely to be disturbed by refurbishment or demolition must be identified; and

So far as is reasonably practicable, that the asbestos is removed before the refurbishment/demolition is commenced.

In the context of maintenance, that all precautions are taken to mitigate disturbance.

Maintenance, upgrade or removal work should not occur unless performed by those with necessary training, competencies, applicable licensing, specialised tools, and specific PPE.

For example, where a tradesperson has to visit a client’s home, suspect materials in the home relative to the proposed work must be identified, with an assessment of risk prior to potentially disturbing harmful asbestos. This is prescribed under various Work Health and Safety Regulatory sections relating to asbestos-related work activities, and asbestos removal.

Yes, the WHS regulations are quite clear here. A normal survey and asbestos register report of a building does not take into consideration hidden items, quite simply because the building is not pulled apart to look into voids and the like in an occupied building or building that is in use. Therefore, an intrusive or pre-demolition survey is required prior to major works to eliminate “…as far as reasonably practicable” the chance of an unexpected find or accidental disturbance.

Asbestos-backed floor vinyl found during intrusive inspection

It is critical that asbestos is assessed by someone with competency and training (typically a Licensed Asbestos Assessor) prior to any activity, including DIY work, to mitigate unexpected finds or accidental disturbance – and therefore potential exposure. Maintenance, upgrade or removal work should not occur unless performed by those with necessary training, competencies, applicable licensing, specialised tools, and specific PPE.

If any assistance or clarification is required, please contact us. Asbestos Awareness and Removal Training Courses are also available from our sister company.

Samples are collected on site, typically the size of a 20-cent piece, and sent to our NATA lab for processing. Essentially, because asbestos is often microscopic, we need to identify and confirm the fibre type hidden within the material matrix. The benefit of sampling is knowing whether a certain material is asbestos to put controls in place, or secondly confirming if it is non-asbestos to save you the on-going concern and cost.