According to the 2004 Occupational Health and Safety Act, all employers in Victoria have a solemn duty towards their workers to provide them with a safe working place. This requires the employer to employ people who can provide advice and direction to the workforce on health and safety especially where asbestos is concerned in lieu of protecting the employees.
In particular, according to the 2007 Occupational Regulations for Health and Safety, the person who controls the workplace should take every practical step possible to have all the Asbestos Containing Material (ACM) at the work place identified and recorded in the Asbestos Register. This asbestos register must contain at least the following details: location for ACM, type of Asbestos, condition of the Asbestos and any activity that may disturb it. According to the legislative law of Victoria, the register must also contain, each identification date along with any area that is not accessible but could possibly contain Asbestos.The controller, who manages the workplace, has a duty to get the asbestos register revised and reviewed during a maximum 5 year timeframe if not earlier. These reviews should be conducted in a case of any changes in the conditions of the ACM or its enclosure or its seal or even the amount of ACM.
As it has been stated in Subdivision 3 of Division 5 of Part 4.3 of Chapter 4 of the 2007 Occupational Regulations of Health and Safety, the employer at any workplace needs to get the Asbestos Register from the premises controller or manager and make sure that all the ACM material present are identified, including the ones which are a part of the factory or plant.
If the employer or controller fails to comply with these critical aspects of the 2004 Occupational Health and Safety Act or even with the 2007 Occupational Regulations of Health and Safety, then he is liable to be prosecuted with a penalty going up to 1800 penalty units for a naturalized person and a penalty going up to 9000 penalty units for a corporate body. So we therefore see that Legislative Law enforced in Victoria provides more leverage to Australia’s asbestos law.
