Draft asbestos abatement regulations
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Draft asbestos abatement regulations
Any person conducting maintenance work and who may be exposed to asbestos must comply with requirements .
The window for comments closed at the end of April on the draft Asbestos Abatement Regulations , earlier published by the labour ministry in GNR 29 of GG 41387 for comment on 19 January 2018 . The draft regulations are published under the Occupational Health and Safety Act , 1993 ( Act No . 85 of 1993 ). These , when finalised , will repeal the 2002 Asbestos Regulations , and the draft regulations envisage a staggered approach to their commencement , with certain obligations coming into effect 18 months after commencement . There is a period of one month for the authors to review comments , following which , if necessary , an amended draft will be published for further comment . According to SAFCEC , the draft is a reasonable document , though including some interpretation errors , which are likely to have formed the basis of many comments . SAFCEC itself submitted its comments before the window closed . Certain of the clauses are cut and pastes from the Construction Regulations . The label ‘ asbestos ’ refers to seven defined forms of asbestos . These are referred to by their Chemical Abstract Service Number and includes any mixture of these fibrous silicates . Asbestos is found in asbestos dust , asbestos-containing materials , and asbestos waste . All of these have their own definitions to deter any possible argument .
Who the regulations apply to
Asbestos work and asbestos-related work become two different things . If you work with asbestos by repairing or shifting it , it is asbestos-related work , while if you expose ( or are likely to expose ) employees to asbestos dust , it is asbestos work . The draft regulations apply to all employers and self-employed persons who may expose any employee to asbestos dust at the workplace , as well as all professionals conducting types of asbestos work . Limited obligations are imposed on employees and some duties do not apply to self-employed persons .
Duties the draft regulations impose on employers
Asbestos identified in or on the premises requires a two-step process . This commences with an assessment of the presence of asbestos-containing material by a ‘ competent person ’ and certification of the workplace as ‘ asbestos free ’. If asbestos is found , an inventory needs to be prepared by the competent person , together with an asbestos management plan , and kept up to date every two years or after any new asbestos is identified or existing material has deteriorated or been repaired or removed from the site , or sealed or encapsulated . Included in the inventory must be certain prescribed information relating to the asbestos material . This includes , for instance , a description of the material , the risk categorisation , and certain exposure scenarios . There are additional obligations related to the review and use of the inventory . All asbestos-containing material must be clearly labelled . The competent person must cover the steps the employer will take to implement these regulations . Employers must provide personal protective equipment to all persons who may be exposed to asbestos in the workplace . In addition , duties are imposed on employers relating to detailed record keeping , labelling , signage , and disposal .
Duties the draft regulations impose on employees
Regulation 8 provides that employees must obey lawful instructions given by employers relating to occupational health and safety ; attend training as required ; and report on asbestoscontaining materials that have been damaged .
Other duties
Any person conducting maintenance work who may be exposed to asbestos must also comply with certain requirements that relate to obtaining the inventory , preventing damage to asbestos , reporting , and stopping working immediately when damage occurs . Individuals conducting types 1 to 3 of defined asbestos work are obliged to comply with certain listed obligations . The management plan contains a set of requirements and requires to be reviewed every eight years if nothing in it changes in the interim . A comprehensive prohibition relating to the use , sale , and storage of asbestos-containing materials is imposed on all persons in Regulation 24 . It is a criminal offence to contravene the provisions of certain regulations and persons convicted of contravening them will be liable on conviction to 12 months imprisonment and in the case of continuing crimes , an additional fine of R500 per day . A few definitions have been duplicated . ‘ Competent person ’: like with the Construction Regulations , a SAQA qualification is deemed appropriate to express a professional opinion on an asbestos-free workplace , while ‘ demolition work ’ is also a copy of the definition in the Construction Regulations .
4 - CEC August 2018