By Meika McHardy - 26 Apr 2018
- 1 comment
A negligent approach to removing asbestos not only puts you at
risk, but also those around you. WorkSafe has identified asbestos
as the single biggest cause of death from work-related disease. On
average about 170 people die in New Zealand every year from
asbestos-related diseases. In April 2016 a two-tiered
licensing system was introduced with new regulations to govern the
identification, management and safe removal and disposal of
asbestos. The transitional period ended on 4 April this year. If
you are planning to get work done (that is more than minor or
routine maintenance work) on a building built prior to 2000, you
must assume that asbestos will be present and be prepared for
significant compliance costs.
Houses that were constructed or worked on between 1940 and 2000
are likely to contain asbestos. Asbestos was commonly added to
building materials during that time because of its fire, heat,
chemical and noise-resistant properties. It was later discovered
that it is a carcinogen and causes serious diseases including
asbestosis, lung cancer and mesothelioma. Building materials
containing asbestos are only harmful when they are disturbed or
damaged in some way. That is when dust or fibres are released into
the air where they can be inhaled or ingested and consequently
become trapped in the body.
Before any work commences the asbestos risk must be
investigated. An asbestos survey may even be required as a
condition for the grant of a building consent. If asbestos is
identified and is going to be disturbed by the work, it will need
to be safely removed or at least isolated before work can commence.
Removal of more than 10m2 of non-friable asbestos, or any amount of
the more dangerous friable asbestos (powdery or easily crumbled)
must be done by a licenced asbestos removal company. Once the
asbestos is removed, a clearance certificate from an independent
expert must be obtained.
Specialist and licenced asbestos companies are likely going to
struggle to meet demand for their services and homeowners and
builders may face long delays as well as exorbitant costs. These
costs, in some cases, could render the renovation project
impractical and/or unaffordable.
Unfortunately, either due to a lack of awareness of the law, or
deliberate disregard of it, many renovation projects proceed
without complying with the law. The potential liability of builders
and other people who have obligations under the relevant laws could
well see asbestos become the next 'leaky home' type crisis in
residential construction.
Anyone who is unsure of their obligations under asbestos laws
should get advice to avoid the risk of being sued by an affected
party, or prosecuted by WorkSafe (conviction can result in hefty
fines).
Contact
Meika
McHardy
Geoff
Hardy