OHS Law Reforms and Asbestos. Work Health & Safety Act 2011 ‘ WHS ’. New nationally harmonised Act Effective from 1 st January 2012 Replaces Occupational Health & Safety Act 2000 & Occupational Health & Safety Regulation 2001 Includes specific obligations to manage and control asbestos.
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Requirements of the WHS include:
Reviewed at least once every five years
Must be readily available to:
Copy must be provided to any person conducting a business or undertaking (PCBU) carrying out demolition or refurbishment at a workplace prior to commencement of work.
2. Where the common property is used only for residential purposes (short term rentals (Accom, etc) deemed commercial)
3. The Scheme has not engaged a ‘worker’ as an employee.
Under Workcover Authority of NSW the definition of a ‘worker’ includes any ‘person conducting a business or undertaking’ (PCBU) that engages an:
The above commentary would render the Owners Corporation or Association residential exemption for asbestos unavailable.