Asbestos
The Health and Safety at Work ( Asbestos ) Regulations 2016 outline that a workplace ( property ) must have an asbestos management plan in place if there is any risk that the workplace may contain asbestos .
The regulations set out the requirements for all Persons Conducting Business or Undertaking ( PCBU ) and in our industry a PCBU can be a landlord , property manager , contractor or any combination of these .
What are a landlords ' responsibilities ?
Landlords ( PCBUs ) must ensure that when work is carried out at their property it is done safely without endangering workers or others , including tenants , to the risks associated with asbestos containing materials . The key regulations that affect landlords in regards to asbestos are as follows :
• Regulation 10 : Duty to ensure asbestos is identified at the workplace
• Regulation 11 : Duty to analyse samples
• Regulation 12 : Duty to ensure presence and location of asbestos indicated
• Regulation 13 : Duty to prepare asbestos management plan
• Regulation 14 : Duty to review asbestos management plan .
Landlords must identify asbestos in the workplace ( property ) and document plans for managing its risks in an asbestos management plan , if there is any risk of exposure to respirable asbestos fibres .
When does a rental property become a workplace and asbestos regulations come into place ?
Worksafe NZ clarification implies that a rental property becomes a ‘ workplace ’ only once you begin planning or carrying out work to the property and where the work could create a risk of exposure to respirable asbestos fibres .
The risk of exposure depends on the kind of work you ’ re planning to do and types of work that create risk may include renovations , refurbishments or demolition work .
What does Ray White recommend as best practice ?
It is our opinion that waiting for renovation , refurbishment or demolition work to be the trigger point can still allow for some risk of exposure to asbestos . This also allows for the risk of a PCBU ( landlord or property manager ) to not honour their obligations as outlined in the Act .
We recommend a proactive approach to asbestos assessment and planning vs a baseline reactive approach as the best way to ensure full compliance of the PCBU ( landlord or property manager ).
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