Asbestos Law

Person removing asbestos

Asbestos Law

Person removing asbestos

Did you know we don’t have a specific act for asbestos in New Zealand? All asbestos law is governed by the Health and Safety at Work Regulations 2016. This might leave you wondering which parts of the Health and Safety at Work Regulations 2016 apply to asbestos. Below are the exact clauses from the Health and Safety at Work Regulations 2016.

10 Duty to ensure asbestos identified at workplace.
(1) A PCBU with management or control of a workplace who knows or ought reasonably to know that there is a risk of exposure to respirable asbestos fibres in the workplace must ensure, so far as is practicable, that all asbestos or ACM giving rise to the risk at the workplace is identified.

(6) A PCBU who contravenes subclause
(1) commits an offence and is liable on conviction:
(a) for an individual, to a fine not exceeding $10,000:
(b) for any other person, to a fine not exceeding $50,000.

13 Duty to prepare asbestos management plan.
(1) This regulation applies if asbestos or ACM is –
(a) identified at a workplace under regulation 10; or
(b) likely to be present at a workplace from time to time.

(2) A PCBU with management or control of the workplace must ensure that a written plan (an asbestos management plan) for the workplace is prepared.

(6) A PCBU who contravenes subclause (2) or (3) commits an offence and is liable on conviction:
(a) for an individual, to a fine not exceeding $10,000:
(b) for any other person, to a fine not exceeding $50,000.

20 Determining presence of asbestos or ACM.
(1) This regulation applies if demolition or refurbishment of a structure or plant is to be carried out at a workplace.

(2) The PCBU who intents to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant.

(3) The PCBU who intends to carry out the demolition or refurbishment must ensure that the determination is undertaken by a competent person.

(6) A PCBU who contravenes subclause (2) or (3) commits an offence and is liable on conviction : –
(a) for an individual, to a fine not exceeding $10,000:
(b) for any other person, to a fine not exceeding $50,000.

You might now be wondering, what is a PCBU and am I one? A PCBU is a person conducting a business or undertaking. Some examples of a PCBU are retailer, wholesale business and manufacturing business. For a full list, visit the WorkSafe website.

Our Betta Asbestos Consultancy inspectors can assist you with all your asbestos needs. If we don’t do it, we know who does. We are your local asbestos specialists.

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