The silent killer

As Best Inspect provides competent asbestos inspection services and compiles the prescribed statutory reports. Here, we delve further into the obligations of employers in term of the Asbestos Abatement Regulations of 2020.

The Asbestos Abatement Regulations came into full operation at the end of May 2022. In terms of Regulation 3, every employer is obliged to have the workplace inspected for the presence of asbestos by a competent person. If no asbestos is found, a report or asbestos free certificate must be issued.

If any materials containing asbestos are identified, the competent person must compile the prescribed statutory reports, including an inventory of the asbestos in place, a risk assessment, a risk of exposure assessment, and an asbestos management plan. In terms of Regulation 20, the prescribed warning signs must be erected and warning labels annexed to the asbestos containing materials.

Why is asbestos regulated?

Asbestos is internationally classified as a class A carcinogen; exposure to asbestos fibres or dust is extremely dangerous. If asbestos is inhaled or ingested it can lead to many non-malignant and malignant diseases such as asbestosis, mesothelioma, various cancers, and eventual death. It may take four to 40 years after exposure for symptoms to appear, but persons diagnosed with malignant asbestos diseases die, on average, within two years. Failure to comply with the regulations can therefore lead to prosecution, fines and/or imprisonment, and civil liability. 

Where is asbestos found?

Asbestos was historically used in the manufacture of a wide range of building materials, including roof sheets, insulation, wall sheets, ceiling boards, gutters and downpipes, backboards, windowsills, pipe lagging, fire doors, water pipes and tanks, floor tiles, and many others. The further use and sale of asbestos was finally prohibited in 2008. 

Must all premises be inspected?

Every workplace building or structure constructed prior to March 2011 must be inspected to ensure that workers are not exposed to asbestos.

What about leased premises?

In terms of Section 67 and Regulation 36 of the Property Practitioners Act and Regulations of 2020, the owner/landlord and property consultant are obliged to disclose any “defect” – including the presence of asbestos – in any property to any prospective tenant or purchaser. Failure to make the compulsory disclosure on the prescribed form can lead to personal liability. However, it remains the responsibility of the employer to ensure that the workplace is safe and will not negatively impact the health and welfare of workers and other persons entering the premises.