South Australia

In South Australia, according to the 1986 Occupational Health Welfare and Safety Act along with the 2005 Occupational Health, Welfare and Safety Amendment Act also known as the (SafeWork SA), it becomes an employer’s duty to ensure that the working environment is safe and that the employees are at no risk of injury or health hazards. It also becomes their duty to provide training and information against certain specific hazards such as asbestos. The employer also needs to make sure that the entire workspace accommodations consisting of the cafeteria, recreational zone and other different facilities provided to the employees are well maintained and hygienic as per the standards.

Building owners and even those who are in possession of asbestos, in accordance to the 1995 Occupations Regulations of Health Welfare and Safety, must hire a competent certified person to spot the asbestos along with its types that are used in the building. It must establish the policies and procedure needed to protect the employees and visitors by preventing exposure to air-borne asbestos fibers. The policies that need to be set in place, should address the asbestos fibers stability, restrict and keep out of bounds areas which have asbestos. They should also cite measures that need to be taken to prevent disturbing the asbestos areas, placing warning signs indicating asbestos areas to people, an annual inspection of asbestos and work practices that need to be in place when working close to asbestos areas. Also similar to the legislative laws elsewhere in Australia, the owners need to maintain an asbestos register that has information identifying the type of asbestos used, its condition and also its location in the workplace. If the building is handed over in sale or lease, then a copy of the register needs to be given, along with any updating alteration made, to the new occupier.

For those who fail to comply with these critical aspects of the 1986 Occupational Health, Welfare and Safety Act and 2005 Occupational Health Welfare and Safety Amendment Act and 1995 Occupations Regulations of Health, Welfare and Safety is punishable with $600000 as the maximum penalty for a corporate or administrative unit in any State Public Service or $200000 for other cases.

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