Asbestos Liaison Protocol Bay of Plenty/Coromandel
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Asbestos Liaison Protocol Bay of Plenty/Coromandel Liaison guidelines for government agencies and councils with regulatory duties in relation to asbestos Effective: 14 January 2021 To be reviewed every two years—next review date 14 January 2023 Signed by Date: 27 November 2020 Jo Pugh Head of General Inspectorate WorkSafe Date: 10 November 2020 Susan Jamieson General Manager: People and Engagement Tauranga City Council Date: 08 November 2020 Steph O’Sullivan Chief Executive Officer Whakatane District Council Date: 05 December 2020 Rob Williams CEO Thames Coromandel District Council Date: 14 January 2021 Janet Hanvey Business Manager Toi Te Ora Public Health 2 Date: 09 December 2020 Kevin Cowper Area Commander Fire Emergency New Zealand Date: 06 January 2021 Rachel Davie Group Manager Policy, Planning and Regulatory Western Bay of Plenty District Council Date 15 December 2020 Fiona McTavish CE Bay of Plenty Regional Council 3 CONTENTS 1. INTRODUCTION ............................................................................. 5 Parties to the Protocol .......................................................................................................... 5 Purpose of the Protocol ......................................................................................................... 5 When the Protocol applies ..................................................................................................... 5 2. REGULATORY ROLES OF AGENCIES IN RELATION TO ASBESTOS ......... 6 Roles of signatory agencies ................................................................................................... 6 Roles of non-signatory agencies ........................................................................................... 10 3. MANAGING ASBESTOS ENQUIRIES AND INCIDENTS .......................... 11 The Lead Agency model ...................................................................................................... 11 Role of the Receiving Agency ............................................................................................... 11 Role of the Lead Agency ..................................................................................................... 12 Role of all signatory agencies .............................................................................................. 12 Changing the Lead Agency during an incident ........................................................................ 12 Community liaison and communications ................................................................................ 13 Media enquiries and statements ........................................................................................... 13 4. MANAGEMENT AND REVIEW OF THE PROTOCOL ............................... 14 The Role of Worksafe ......................................................................................................... 14 Review of the Protocol ........................................................................................................ 14 5. APPENDICES ................................................................................ 15 Appendix 1: Agency Jurisdictions ......................................................................................... 16 Appendix 2: Asbestos Liaison Protocol Process and roles ......................................................... 17 Appendix 3: Identifying a Lead Agency decision “tree” ............................................................ 18 Appendix 4: Contact information for all agencies .................................................................... 19 Appendix 5: Information Form—incoming enquiry or incident .................................................. 21 Appendix 6: Handover Form—change of Lead Agency ............................................................. 22 Appendix 7: Asbestos information to share with public ........................................................... 23 Appendix 8: Data collection and evaluation ........................................................................... 25 4 1. INTRODUCTION PARTIES TO THE PROTOCOL This Asbestos Liaison Protocol (“the Protocol”) has been agreed between the following government agencies 1: • Bay of Plenty Public Health Unit, Toi Te Ora Public Health, BOPDHB • Bay of Plenty Regional Council, BOPRC • Tauranga City Council, TCC • Western Bay of Plenty District Council WBOPDC • Whakatane District Council • Thames-Coromandel District Council, TCDC • Fire and Emergency New Zealand, FENZ • WorkSafe New Zealand PURPOSE OF THE PROTOCOL The purpose of the Protocol is to: • support the reduction of occupational and public health risks associated with exposure to asbestos, and • increase public confidence in asbestos incident management by setting out processes for effective liaison between government agencies in response to asbestos-related enquiries and incidents in the Bay of Plenty. This regional Protocol is designed to build on existing regional networks and to be adaptable to local needs and processes. The Protocol will be operating successfully when the following outcomes are in place: • Agencies work together to reduce the risk of exposure to asbestos incidents and enquiries, and to increase public confidence. • Agencies understand their own roles and responsibilities in relation to asbestos, and also understand the roles and responsibilities of the other signatory agencies. • Agencies are able to direct any asbestos enquiry or concern to the correct Lead Agency promptly and accurately. • Agencies communicate with the public (including both the people making enquires, and, where appropriate, the wider community) about an asbestos incident promptly and consistently, regardless of which agency receives the initial enquiry. Agencies are expected to update WorkSafe (as the coordinator of the Protocol) with any changes to contact details. WHEN THE PROTOCOL APPLIES The Protocol applies when any of the agencies receives any asbestos-related enquiry or report of an asbestos-related incident or potential incident in the Bay of Plenty region. (Note that general information enquires are covered by the Protocol in order to guarantee at least a minimum, accurate standard of response.) 1 In this document, the term “agency” is used to refer to all of the signatory organisations, including Crown entities, and local government councils. 5 2. REGULATORY ROLES OF AGENCIES IN RELATION TO ASBESTOS ROLES OF SIGNATORY AGENCIES The jurisdictions (regulatory roles and responsibilities) of the signatory agencies in relation to asbestos, together with the Acts under which agencies operate, are set out in the tables below. Note that in this Protocol, the Lead Agency in relation to a particular incident or enquiry will be the agency with primary jurisdiction. A one-page reference version of this information is provided in Appendix 1: Agency Jurisdictions . Legislation & Regulatory roles and responsibilities Agency Regulations in relation to asbestos From 4 April 2016 WorkSafe is New Zealand’s workplace health and safety regulator • under the Health and Safety at Work Act 2015 . WorkSafe also has a Health and health and safety leadership role under the WorkSafe New Zealand Safety at Work Act 2013. Act 2015 WorkSafe’s regulatory functions include regulating asbestos in the workplace in compliance with the Health and Safety at Work • Health and (Asbestos) Regulations 2016 . Safety at Work WorkSafe’s leadership role includes collaborating and establishing (Asbestos) partnerships with other agencies and co-ordinating information-sharing Regulations 2016 to contribute to workplace health and safety. Development and management of this protocol fits with this leadership role. • WorkSafe New Responsible staff in relation to asbestos: asbestos incidents are Zealand Act primarily handled by WorkSafe’s General Inspectorate Health and 2013 Safety Inspectors, though Specialist Interventions teams may also be involved, particularly where prosecution is sought. WorkSafe’s specific roles in relation to asbestos include: • receiving notifications of licenced removal work (as defined in the Asbestos Regulations and includes the demolition or refurbishment of anything containing friable asbestos, WorkSafe including buildings) • receiving complaints about asbestos, and following-up on selected cases • undertaking proactive workplace assessments and taking appropriate enforcement when required • setting workplace exposure standards and providing written guidance material • investigating selected incidents, and taking appropriate enforcement including prosecution when required • delivering intelligence and research on asbestos • administering Class A and B Asbestos Removal licences and Asbestos Assessor licences • raising awareness of asbestos risks and how to manage them. 6 Legislation & Regulatory roles and responsibilities Agency Regulations in relation to asbestos District Health Boards (DHBs) have public health responsibilities under the Public Health and Disability Act 2000 , most of which are • Health Act addressed through DHB-owned regional public health units (PHUs), 1956 some of which are owned by multiple DHBs. Toi Te Ora is the public health unit of the DHBs for Bay of • Public Health Plenty. and Disability Statutory officers (Health Protection Officers) are appointed under Act 2000 the Health Act 1956 . Toi Te Ora’s specific roles in relation to asbestos include: • providing specialist advice on human health effects of asbestos where risk assessment is complex • preparing statements