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ASBESTOS – THE SILENT KILLER
By As Best Inspect
Responsibilities of employers and building owners in terms of the Asbestos Abatement Regulations 2020 .
The Asbestos Abatement Regulations came into operation in 2020 . Every employer , self-employed person or building owner , having employees to a site that may be exposed to asbestos containing materials , must have the site inspected by a competent asbestos inspector before 31 May 2022 . The regulations do not apply to premises constructed after March 2011 .
Prior to 2008 , asbestos was regularly used in the manufacture of building materials used to construct offices , factories and warehouses . Asbestos was used in :
• roof sheets , roof tiles , gutters and downpipes ;
• ceiling boards and insulation ;
• walls , wall coverings and fireproofing ;
• floor tiles and underlay ;
• water tanks , pipes and cisterns ;
• brake pads , rubber seals , adhesives , paints and many other products . º Mesothelioma ; º Lung cancer º Laryngeal or pharyngeal cancer º Other cancers including esophagus , stomach , colon , ovarian , kidney etc . º death
WHAT IS NOT ALLOWED
• Working with any identified asbestos materials using any power tools ;
• Cleaning up any asbestos containing dust with a normal vacuum cleaner or any other cleaning method that could disturb dust that may contain asbestos ;
• Covering , removing or damaging any asbestos containing materials ;
• Working in an asbestos area without the prescribed personal protective equipment ;
• In any manner disturbing or removing asbestos dust .
With the many building revamps and retrofitting seen today awareness of this matter is again required as it poses significant risks .
Any damage or deterioration to the asbestos materials could expose hazardous asbestos dust . Asbestos is a carcinogenic and exposure thereto can cause serious diseases , including asbestosis , mesothelioma , cancers and , eventually , death . It can take from a few years up to 40 years for a person to show any symptoms , by which time it is normally too late to treat effectively .
A competent inspectors will complete a thorough inspection of sites and provide the following :
• an inventory of asbestos in place ;
• a risk and exposure assessment ;
• an asbestos management plan ;
• a work plan to remediate or remove the asbestos ;
• information regarding the employer ’ s legal obligations .
ASBESTOS HEALTH RISKS According to the World Health Organisation , there is no safe level of exposure to asbestos . the thin and brittle fibrous silicate crystals are released into the air if any damage or deterioration occurs . The fine dust and fibres can remain airborne for days . the associated health hazards of asbestos include :
• non-malignant diseases º Pleural plaques , pleural thickening and plural effusion ; º Asbestosis ; º Chronic obstructive pulmonary disease º Atelectasis
• malignant diseases
WHAT IS ALLOWED
• Carrying out type 1 minor asbestos work after notification of the Chief Inspector , demarcation of the asbestos area , wearing prescribed personal protective equipment whilst following the prescribed protocols ;
• Cleaning up asbestos dust with a prescribed vacuum cleaner with > 99 % containment capacity of asbestos particles with a size of 1 micron .
• Appointing an authorized asbestos contractor to carry out type 2 asbestos remedial work and type 3 asbestos removal work after notification of the Chief Inspector .
OFFENCES AND PENALTIES Any person that fails to comply with the provisions of the regulations is committing an offence and can be prosecuted . Any person found guilty of an offence can be fined and / or imprisoned for up to 12 months . Provision is made for increasing fines of up to R500 per day or additional imprisonment not exceeding 90 days for continuing offences . Employers can also be civilly held liable for any losses or damages suffered employees as a result of asbestos related disease contracted due to exposure to asbestos at the workplace .
Employers can also be held liable for the loss of income suffered by such employees or their dependants in the case of death . Failure to comply with the regulations is not an option . health is wealth .
The information contained in this article does not constitute legal advice and is for provided for information purposes only . It should not be regarded as a complete and definitive guide to an employer or any other party ’ s legal obligations . RACA
www . hvacronline . co . za RACA Journal I February 2022 7