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Work Health and Safety (WHS) legislation is designed to ensure the safety and health of workers and others who may be affected by work activities, which includes dealing with asbestos. The legislation applies to all workplaces in Australia, including certain strata properties. This article outlines what recent revisions to WHS legislation in Western Australia mean for Strata Managers and owners.
Asbestos is a hazardous material that was commonly used as a construction material for over 3,000 products up until the late 1980s and then completely banned from use in 2003. As a result, many strata properties may have ‘Asbestos-Containing Materials’ (ACMs).
Under the new WHS legislation introduced on 31st March 2022 in Western Australia, property owners have an obligation to manage the risks associated with asbestos. This includes identifying any ACMs present in the property, assessing the risk of exposure to these materials, and implementing appropriate control measures to prevent or minimise exposure.
To comply with the legislation, every workplace must engage a qualified professional to prepare an ‘Asbestos Register’. If there are any ACMs present, then a ‘Management Plan’ should also be created.
If ACMs are identified, urgent action is essential. Failure to promptly address recommendations for encapsulation or removal of ACMs not only poses a danger to residents and visitors, but this can also result in insurers or underwriters denying coverage.
Additionally, if renovations or maintenance work is planned that could disturb ACMs, the Strata Manager or Owners Committee must ensure a licensed asbestos removal contractor is engaged to carry out the work in accordance with relevant regulations and guidelines.
To understand how ACMs could impact your insurance, please feel free to reach out to your state-based contact at Honan.
Anthony Chitty
Client Manager
