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Asbestos Abatement Regulations
Occupational Health & Safety Act,
Act 85 of 1993
What has changed?
3 types of asbestos work
TYPE 1 - Asbetos work
TYPE 1 - Asbestos work
a) Painting of asbestos products in a manner that does not require surface preparation and does not cause the release of asbestos fibers: or
b) the removal of 10m² of asbestos products or equivalent gutters and pipping or asbestos insulation board, where removal work may not be repeated on the same site within a period of six months and, does not require registration as a registered asbestos contractor with the chief inspector.
TYPE 1 - Asbetos work
TYPE 2 - Asbestos work
a) the repair or encapsulation of asbestos products in a manner that does not require surface preparation: or
b) the removal of asbestos products or asbestos insulating boards: and,
requires registration as a type 2 registered asbestos contractor with the chief inspector
Regulation 4 - Inventory in place
(7) The employer, self-employed person, or asbestos client must ensure that a copy of the inventory of asbestos in place or relevant part thereof is -
(a) given to the mandatory before any asbestos removals or repairs work commences
(b) given to the registered asbestos contractor and approval inspection authority before asbestos removal or repair work commences
(c) readily accessible to employed and health and safety representative at the workplace
(d) in the case of transfer of ownership, provided to the new owner of the premises
(e) given to the approved inspection authority before asbestos removal or repair work commences.
(10) All asbestos-containing material listed in the inventory of asbestos is the place, as required by subregulation (3), must be clearly labeled or provided with signage in accordance to regulation 20
Regulation 5 - Asbestos risk assessment
(1) If asbestos is identified in terms of regulation 3, then the employer or self-employed person must ensure that an asbestos risk assessment is carried out, as far as reasonably practical, immediately by a competent person and thereafter at intervals not exceeding 24 months
Regulation 6 - Asbestos management plan
(1) If asbestos-containing materials are identified, as required in regulation 3, the employer or self-employed person must ensure that a written asbestos management plan for the workplace is prepared by a competent person.
(2) The asbestos management plan must include at least the following:
(a) A procedure that contains at least measures related to—
(i) the implementation of regulations 3, 4, 5, 8 and 20 at the workplace;
(ii) the repair, removal, and management of asbestos-containing materials; and
(iii) the implementation of the Regulations for Prohibition of the Use, Manufacturing, Import and Export of Asbestos and Asbestos-containing Materials, 2007;
(b) where asbestos-containing materials have been identified in the inventory of asbestos in place, a specific procedure which will, as far as is reasonably practicable, reduce the risk of exposure of employees, as well as incidental asbestos exposure, for the following scenarios-
(iii) removal work; and
(iv) repair work; and
(c) a policy, procedure, and implementation plan for phasing out existing asbestos-containing materials at the workplace, which considers the following:
(i) The principle of 'reasonably practicable; and
(ii) reasons for decisions.
(3) The employer or self-employed person must review and, if necessary, revise the asbestos management plan at intervals not exceeding eight years or if any information contemplated in subregulation (2) changes
Regulation 7 - Information, instructions and training
(4) Training contemplated in sub-regulation (3) must— (b) have a minimum contact duration of eight hours
Regulation 10 - Notification of asbestos work
10. (1) No employer, self-employed person, or asbestos client may carry out any type 1 asbestos work unless the Chief Director: Provincial Operations has been notified in writing of the location, venue, and contact details of where the asbestos work will be done, at least seven days (7) prior to commencement of such work.
(2) No employer, self-employed person, or asbestos client may carry out any type 2 or type 3 asbestos work unless the Chief Director: Provincial Operations 19 has been notified, in writing, at least seven days (7) prior to commencement of such work.