Asbestos Management compliance by building owners (and tenants)

The Workplace Health & Safety Regulation 1997 (Qld) places significant obligations on owners of commercial buildings built under an approval by local government before 1 January 1990 for dealing with Asbestos.

These rules apply to buildings used as a workplace, which is likely to be most commercial property.

Asbestos Management Code

If a commercial building was built under a local government approval given before 1 January 1990 and is used as a workplace, the commercial building owner must comply with the Asbestos Management Code (Code of Practice for the Management and Control of Asbestos in Workplaces [NOHC:2018(2005)]).

The Asbestos Management Code requires a commercial building owner to:

• Identify all asbestos containing material on the property; and
• If asbestos containing materials are found, develop an Asbestos Register of Asbestos Containing Materials and a Management Plan

Implications

If you are a owner of commercial building built under a local government approval before 1 January 1990 you have an immediate (and overdue) obligation to comply with the Asbestos Management Code.

If you have not, then you should immediately commission an appropriately qualified person to conduct an asbestos inspection and produce a written report complying with the Asbestos Management Code.

Additionally, should you intend to offer the whole or any part of the building for sale or lease you are obliged to:

• Provide a copy of the current Asbestos Materials Report and Asbestos Register (including the Management Plan) to the proposed purchaser/lessee before a contract or lease is entered into; and
• If works are to be performed on a go forward basis under the Management Plan, make it clear as to who is obliged to perform those works

Please note that occupiers (not just owners) have an obligation to comply with the current Management Plan.

Special conditions will need to be included in a sale contract or lease (or intention/agreement to lease) and copies provided to us for annexing to the sale contract or lease to ensure compliance with these obligations. Additionally, if you are a building owner and already have a Management Plan in place it is most important for you to periodically pay serious attention to the contents to ensure that your conduct is consistent with it.

There are significant penalties for failure to comply with obligations as well as risks of liability for damages under proposed contracts of sale or leases if these matters are not fully and adequately addressed.

Please contact us if we can be of any assistance to you in this difficult to navigate area.