Environmental health notes No. 1 Asbestos––Roles and responsibilities forgovernment

Environmental health notes No. 1 Asbestos––Roles and responsibilities for government

Department of Human Service Environmental Health Unit Health and Management Program June 2005 ii Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

Acknowledgment The Environmental Health Unit, Department of Human Services, prepared these guidelines with input and advice of the following stakeholders: Environment Protection Authority Victoria (EPA) WorkSafe Victoria City of Moreland Australian Institute of Environmental Health (AIEH) Country Fire Authority (CFA)/Metropolitan Fire and Emergency Services Board (MFB) Victorian Building Commission (BC).

This document has been prepared in good faith, exercising due care and attention. However no representations or warranties are expressed or implied, in relation to the relevance, accuracy, completeness or fitness for the purpose of this document in respect of any particular user’s circumstances. Users of this document should satisfy themselves concerning its application to managing asbestos issues and where necessary, seek expert advice about their situation. The Department of Human Services shall not be liable to any person or entity with respect to any liability, loss or damage caused or alleged to have been caused directly or indirectly by this publication. Published by Rural and Regional Health and Aged Care Services, Victorian, Australia, June 2005 © CopyrightState ofVictoria 2005 This publication is copyright, no part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. This document may be downloaded from the Department of Human Services web site at: www.health.vic.gov.au/environment/ Authorised by the State Government, 120 Spencer Street, Melbourne. Printed by G.T. Graphics Pty Ltd, 34 Stanley Street, Collingwood. Environmental health notes No. 1: Asbestos––Roles and responsibilities for government iii

Preface

Environmental health looks at factors in our surroundings that may potentially affect wellbeing, and designs ways to manage these factors and protect . The Environmental Health Unit, Department of Human Services is developing a series of publications for environmental health practitioners working in local government and other interested stakeholders. Each Environmental health note describes a specific health occurring in and around residential properties. It will provide information and guidance on ways can be managed to protect public health. This is the first publication in this series. It offers an overview of how state and local agencies work together in managing asbestos-related issues and/or emergency incidents involving asbestos. iv Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

Contents

Preface iii

Introduction 1

Asbestos––an overview 2 Asbestos and health 2

Agency roles and responsibilities––an overview 4

Agencies involved in asbestos-related issues 5 State government: WorkSafe Victoria 5 State government: Environment Protection Authority 5 State government: Department of Human Services 6 Local government: Environmental Health Sections of council 6

Agencies involved in emergency incidents with asbestos 7 Country Fire Authority (CFA)/Metropolitan Fire and Emergency Services Board (MFB) 7 Local government 7 WorkSafe Victoria 8 Environment Protection Authority Victoria 8 Department of Human Services 8

Conclusion 9

Other resources 11

Relevant contacts 12

Appendix 1 Relevant legislation 13 Occupational health and safety legislation 13 Environmental protection legislation 14 Public health legislation 14

Appendix 2 Monitoring asbestos fibres 15

Appendix 3 Asbestos-containing materials 16 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 1

Introduction

In Victoria, a range of legislation covers the safe handling The roles and responsibilities for managing asbestos-related and disposal of asbestos. For the purpose of this issues and emergency incidents are spread across various document, asbestos-related issues are separated into state agencies, as well as local government. In certain two sections: circumstances, a single agency is involved and in others, a •workplace, home or broader environment (air, land number of agencies work together to resolve a problem. For or water) emergency incidents, emergency service agencies get involved in the response phase of the incident and one or •emergency incidents involving asbestos (fires, explosions more other agencies manage the post event issues that or natural disasters). may arise. These guidelines assist officers within government agencies Forall situations involving more than one agency, it is (both state and local) to work together in managing essential that communication, investigation and asbestos-related issues, including emergency incidents management of the issue or incident are well involving asbestos. coordinated. This is to ensure that any potential health In brief, they set out: risks are investigated, to protect both individual and •legislative and non-legislative requirements for dealing community health. with asbestos-related issues •legislative requirements for dealing with emergency incidents involving asbestos •roles and responsibilities of agencies involved in investigating and/or managing: (a) asbestos-related issues (b) emergency incidents (recovery, post event). 2 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

Asbestos—an overview

Asbestos is a group of fibrous minerals that occur naturally Forms of asbestos in the environment. Asbestos was widely used in Australia Asbestos can be found in two forms––friable (loosely between the 1940s and late 1980s, because of its bound) or non-friable (firmly bound). durability, fire resistance and excellent insulating properties. Friable (loosely bound) asbestos materials When friable asbestos is dry or worked on, it can be Asbestos and health crumbled, pulverised or reduced to powder by hand Asbestos can cause health problems when fibres become pressure. Asbestos fibres can then become airborne and airborne and are inhaled. Once inside the lungs, most fibres are more likely to be inhaled, thereby posing a health risk. are removed by the body’s clearance mechanisms. Friable asbestos may be found in: Remaining fibres become trapped in the lungs1 and, in some individuals, result in serious lung diseases •insulation inside old stoves and heaters (, lung cancer or ) that may develop •industrial-grade insulation in some public or commercial years later. Asbestos fibres can also migrate into the buildings (but not generally in homes). peritoneum (lining of the abdomen), where they may cause Non-friable (bound) asbestos materials peritoneal mesothelioma. Rarely, mesothelioma also develops in other parts of the body (for example, around the Non-friable (bound) asbestos materials are unlikely to heart). Pleural plaques (patches on the outer lining of the release fibres, unless handled in such a way that dust- lung) also occur from asbestos exposure, but are generally containing asbestos fibres are produced––by breaking, not harmful. drilling, grinding or cutting. Generally, non-friable asbestos materials are less risky than friable forms. This form of Asbestos-related disease is generally associated with asbestos may be found in the home. inhaling asbestos over a long time. However, a very small number of people may develop mesothelioma after brief Non-friable asbestos may be found in: exposure. The reason why this occurs is not known, so it is • asbestos cement sheeting (‘AC sheeting’ or ‘fibro’) used always important to keep exposure to asbestos fibres as forwalls and roofing low as possible. • asbestos cement roof shingles, flues and water pipes Formore detailed information about asbestos exposure, •vinyl floor tiles impregnated with asbestos fibre and fibre- related health conditions or diseases, see the enHealth reinforced linoleum backing document Guidelines for the Management of Asbestos in • some old textured paints Non-Occupational Environments’2. •gaskets and brake linings. In relation to Australian asbestos cement products, asbestos fibres were replaced after 1985 with cellulose fibres. Therefore, cement sheeting installed prior to 1985 should be treated as containing asbestos fibres, until proven otherwise. The age of the building or date of renovation work can indicate whether asbestos is likely to be present or not, otherwise the material will need to be 1 Asbestos fibres can accumulate in a person’s lungs over their analysed. For a detailed list of asbestos-containing material, lifetime. This is not from specific activities or exposure situations, referto Appendix 3. but rather a general accumulation of inhaled background fibres. 2A copy will be available on the enHealth Council website shortly http://enhealth.nphp.gov.au. Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 3

Availability of asbestos material Asbestos products were gradually removed from production during the 1980s. Between 1981 and 1983, asbestos flat sheeting was phased out. In 1985, corrugated products (roofing and cladding) followed suit. Asbestos-lined piping was not made after 1987 and in 2003, brake pads and linings ceased to contain asbestos. Even though most asbestos material was phased out of production in the 1980s, it is possible that some material was sold, reused and imported into Australia until the current restrictions were introduced on 31 December 2003.

Current restrictions New materials are no longer allowed to contain asbestos fibres and people are no longer able to manufacture, supply, store, transport, sell, use, reuse, install and replace asbestos-containing materials. This restriction does not apply to: • asbestos materials or products that are in place in structures • certain recycled construction materials containing less than 0.001 per cent weigh per weigh (w/w) asbestos and intended for re-use as base material in roads, foundations or similar constructions. This material is sealed over, to prevent asbestos fibres being released. (For further information on this issue, contact WorkSafe Victoria on 1800 136089) •reuse of soil from which asbestos-containing material has been removed. A visual inspection must be undertaken by a qualified and experienced person to determine that no asbestos material remains. 4 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

Agency roles and responsibilities––an overview

The nature of an asbestos-related issue, or emergency When an emergency incident occurs, emergency services incident involving asbestos, determines how it is managed agencies (Melbourne Metropolitan Fire Brigade, Country and which agencies become involved. It may be managed Fire Authority and Victorian Police) become involved in by one agency or several, with one agency leading the controlling and containing aspects of the incident. Once overall investigation and resolution of the issue. the immediate danger is over, one or more of these Before referring a complainant to another agency, first agencies can get involved in post incident issues: securing contact that agency to discuss the specifics of the issue. the site, ensuring remaining building structures are safe, This minimises the need for the complainant to repeat the clean-up of the site, assessing potential for off-site release details of the incident to multiple agency contacts. It is also of materials into the neighbourhood and information particularly important for serious complaints that have the provision. potential to increase community concerns, or lead to legal The next two sections provide more detail on each action. agency’s roles and responsibilities for: State government agencies that may become involved in • asbestos-related issues (in workplaces, homes, general asbestos-related issues include: environment, transport or disposal, vandalism or illegal •WorkSafe Victoria dumping) • Environment Protection Authority Victoria (EPA) • emergency incidents involving asbestos (fires, explosions, natural disasters and so on). •Department of Human Services, Environmental Health Unit. Areas of local government that may become involved in asbestos-related issues include the: •environmental health section • building and/or planning sections • asset/property manager •council staff who work outdoors. Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 5

Agencies involved in asbestos-related issues

State government: WorkSafe Victoria State government: Environment Asbestos in the workplace is managed and enforced by Protection Authority WorkSafe Victoria, in accordance with the Occupational The EPA’s powers are laid out in the Environment Protection Health & Safety Act 2004, the Occupational Health and Act 1970 and the Environment Protection (Prescribed Waste) Safety (Asbestos) Regulations 2003 and the Dangerous Regulations 1998 and other supporting legislation. Goods Act 1985. The environment includes physical factors such as land, A workplace is defined as ‘any place, whether or not in a water, air, animals and plants and the social factor of building or structure, where employees or self-employed aesthetics. The Environment Protection Act 1970 aims to persons work.’ For example, under specific circumstances, protect areas of the environment from the effects of waste a home can be defined as a ‘workplace’ for that period discharges, emissions, deposits or noise for public benefit, when a contractor has been engaged to undertake work, or welfare, safety, health or aesthetic enjoyment. where it has been used as a home occupation. Examples of asbestos-related environmental issues Examples of asbestos issues managed by WorkSafe Victoria generally managed by the EPA include: include: • transportation of industrial and commercial (but not •requirement to undertake an asbestos risk assessment domestic) asbestos waste • asbestos removal and air monitoring within a workplace • licensing of landfill sites to receive industrial and • asbestos removal from residential or building domestic asbestos waste construction sites undertaken by contractors •pollution of land with asbestos material • complaints about the presence of asbestos in a •remediation of land contaminated with asbestos. workplace The disposal and transport of industrial (or commercial) • unexpected incidents within a workplace (fires, natural wastes is regulated in accordance with the Environment disasters, explosions or vandalism) Protection (Prescribed Waste) Regulations 1998. The EPA •off-site releases of asbestos from a workplace does not regulate the transport of domestic sources of asbestos waste, but does require domestic asbestos waste • complaints regarding derelict industrial or commercial to be taken to a licensed landfill for safe disposal. sites where it has been deemed to be a workplace. For example, the presence of security guards may deem the Formore on transport and disposal of asbestos waste, refer premises a worksite. to the EPA Information Bulletin The Transport and Disposal of Waste Asbestos publication 364 (as amended by the •storage of asbestos material. EPA), or the nearest EPA regional office. For landfill sites These issues should be referred to the nearest WorkSafe that accept asbestos waste, refer to the EPA website. Victoria regional office. 6 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

State government: Department of Local councils, through their environmental health Human Services practitioners, are responsible for managing environmental issues that impact on human health in each municipality. The Environmental Health Unit is located within the Public Health area of the Department of Human Services. Staff Local government’s powers concerning asbestos issues are have specialised skills in relation to asbestos and public dealt with under the nuisance provisions of the Health Act health issues. Also, Public Health staff are located in 1958. Under these provisions, the owner of a property or regional offices throughout Victoria. The regional the person causing a nuisance must take all reasonable Environmental Health Officer can also provide assistance to steps to eliminate the nuisance. In this context, a ‘nuisance’ local government agencies on asbestos-related matters. could be the spread of dust or fragments potentially containing asbestos. In relation to asbestos-related issues, the department acts in an advisory capacity by: Examples of asbestos-related issues generally managed by local council include: 1. assisting local government environmental health sections with: • potentially unsafe removal of asbestos by owners and occupiers of private dwellings •information and technical advice on managing health risks associated with public asbestos exposure • dumping of asbestos materials • advice for homeowners/occupiers on ways to safely • complaints about asbestos material in poor or unsafe maintain or remove asbestos in the home conditions at sites which are not workplaces •advice on the nuisances provisions of the Health Act • an unexpected incident such as fire, explosion or 1958 (administered by local government) for a vandalism, in places other than a workplace potential asbestos nuisance situation • community concern about removal of asbestos in the 2. assisting the EPA or WorkSafe Victoria with: neighbourhood • public health advice on asbestos-related issues • unknowingly handling asbestos in a domestic situation (as requested) • transport of domestic waste by a home owner through • advising the public on the potential health risks the municipality associated with asbestos in the home. • asbestos fragments in soil at public spaces or properties Forfurther advice, contact either the environmental health owned or leased by council, except where a council officer located in your closest regional office, or the property is a workplace (refer to WorkSafe) Environmental Health Unit 1300 761 874. • demand for public health advice about the potential health effects of exposure to asbestos fibres Local government: Environmental Health •storage of asbestos material in residential settings Sections of council (private dwellings) Environmental health practitioners look at ways to control • complaints about derelict industrial or commercial sites, or manage environmental factors that have the potential where these are not deemed to be a workplace. to affect human health. They also look at areas of the environment that can be enhanced, improving community health. Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 7

Agencies involved in emergency incidents with asbestos

An emergency is broadly defined as ‘an incident, which Examples of asbestos-related incidents managed by endangers, threatens to endanger the safety or health of CFA/MFB during the response phase include spills, fires, any person, or destroys any property or endangers or explosions or events involving hazardous materials. 3 threatens to endanger the environment’. The type of premises/ land involved in the emergency An emergency involving asbestos may be caused by a fire, incident will generally determine which agency (or agencies) explosion, storm, accident or demolition resulting in a are responsible for coordinating the post incident building being declared unsound, or in danger of collapse. investigation, management, clean up and recovery After the initial response to an emergency, the site needs to activities. be secured, assessed and appropriately cleaned up, to protect the health of site workers, residents, site visitors Local government and nearby neighbours. The development of public Local government has specific responsibilities in information bulletins and press releases may also be emergency incidents and these are outlined in Municipal necessary, depending on the scenario. Emergency Management Plans. Municipalities should have In an emergency incident potentially involving asbestos, the a Public Health Emergency Management (PHEM) sub-plan responsibilities of agencies other than the fire brigade or that outlines specific public health issues that could arise in police are usually enhanced. the municipality and how to manage them. PHEM sub- plans should include asbestos-related emergency incidents. Country Fire Authority (CFA)/Metropolitan Following an asbestos-related emergency, local government Fire and Emergency Services Board (MFB) are the lead agency for all domestic or non-workplace CFA and MFB are the lead agencies during the response locations. In addition to management of post incident phase of an emergency incident involving hazardous issues on-site, local government may also need to distribute materials. This is determined under Part 6 of the Emergency information to local residents and handle public health Management Manual Victoria. Agencies that support enquiries. CFA/MFB include WorkSafe, EPA, Department of Human Local government’s involvement in an asbestos incident Services and local government (as requested). may include: The response phase includes: •assessing the structural safety of the building 1. containing the incident (for example, extinguishing • assessing the affected site to determine whether an off- the fire) site public health risk/nuisance exists, or is likely to exist, 2. securing the site under the Health Act 1958 3. assessing potential risks to health or likelihood of injury •providing advice/enforcement for clean up of the site and safe disposal of materials 4. providing advice on the need for air sampling (or not) to other agencies. Refer to Appendix 2 for further •distributing public health information to address discussion on this point. community concerns.

3 Emergency Management Act 1986 8 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

WorkSafe Victoria During any emergency incident involving a spill, release or burning of hazardous materials, the EPA are regularly An asbestos emergency within a workplace is managed by contacted by the MFB (or CFA) for assistance on: WorkSafe Victoria, in accordance with the Occupational Health and Safety Act 2004 and Occupational Health and •providing advice on air emissions and scope of Safety (Asbestos) Regulations 2003. Incidents for which evacuation (if required) WorkSafe would be the lead agency include: • assessing need for monitoring of air emissions and other • unexpected incidents at a workplace (such as fires, potential land/water impacts natural disasters and explosions) •providing advice on preventing environmental •off-site releases of asbestos from a workplace contamination. •a building or structure that is structurally unsound or in Department of Human Services danger of imminent collapse, where asbestos is likely to be present. The Department of Human Services may assist other agencies in the response phase of an asbestos-related The Occupational Health and Safety Act 2004 protects emergency incident, as well as the post incident recovery members of the public visiting a workplace, or being phase. impacted upon by events arising from a workplace. WorkSafe Victoria usually involves local government In the response phase, the department is a support agency environmental health staff in emergencies where public to the MFB (or CFA), as required. It is generally involved health may be affected. This may include an assessment of whenever there is potential for public exposure (with or potential off-site release of a hazardous material from an without need to evacuate). affected workplace, with likely implications for local In relation to the recovery phase, the department is the community health. lead agency. It assists agencies to provide effective and appropriate services to local government and the Environment Protection Authority Victoria community. In emergencies involving asbestos, the EPA has a The department’s involvement in an asbestos-related responsibility to ensure that the environment is not polluted emergency incident can include: by any off-site discharge from an affected site. •providing technical information/support EPA involvement in an asbestos-related emergency incident •providing information on potential public health risks to can include: concerned local residents. This may also involve assisting •providing advice/enforcement in relation to transport and other agencies with the preparation of public health disposal of asbestos- containing wastes information bulletins. •providing technical support during an assessment of the likely impacts on the local off-site environment •issuing a Pollution Abatement Notice under the Environment Protection Act 1970 (as required). Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 9

Conclusion

The nature of an asbestos event and its setting will generally determine which agency leads the investigation. Overall, it is strongly recommended that the lead agency coordinate with all other agencies with a potential role in the situation, to confirm agreed roles and responsibilities. This type of agreement will ensure nothing is missed or duplicated when timelines are tight. The lead agency coordinates the investigation and prepares the final report and debriefing. In general if the event is primarily: •a public health issue, refer it to the Environmental Health Officer of the local municipal council •an occupational health or workplace issue, refer it to WorkSafe Victoria •a transport and disposal issue, refer it to the EPA. Where further technical support or advice on the health effects of asbestos are required, contact the Regional Environmental Health Officer (REHO), or the Environmental Health Unit of the Department of Human Services on 1300 761 874. Some enquiries will not fit neatly into a single category and there is often an overlap of responsibilities involving two or more agencies. A coordinated approach produces the most satisfactory outcome for all involved. The following table summarises the roles and responsibilities of agencies involved in asbestos issues. In some instances, more than one agency may become involved in the management of an asbestos incident. 10 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

Table 1 Asbestos–related issues

Asbestos issue Lead agency Legislation Removal of asbestos roof or cladding WorkSafe Vic Occupational Health and Safety (Asbestos) from a factory or any other workplace. Regulations 2003 Contractor removing asbestos material WorkSafe Vic Occupational Health and Safety (Asbestos) from a residential property. Regulations 2003 Home owner removing asbestos material. Local government Health Act 1958 Transport of asbestos material by EPA Environment Protection (Prescribed Waste) a contractor. Regulations 1998 Transport of asbestos material by Local government Health Act 1958 a home owner. Storing asbestos material on a work site. WorkSafe Vic Occupational Health and Safety (Asbestos) Regulations 2003 Storing asbestos material on a Initially, local government Occupational Health and Safety (Asbestos) residential property. but if necessary, WorkSafe Regulations 2003/Health Act 1958. Derelict warehouse being converted Local government Environmental Protection Act 1970/ to residential use. State Environment Protection Policy (Land) Derelict warehouse that is a workplace. WorkSafe Vic Occupational Health and Safety (Asbestos) Regulations 2003 Derelict warehouse that is not Local government Health Act 1958/Building Act 1993 a workplace. Dumping asbestos material on Local government Health Act 1958 private/public land. Polluting land with asbestos material. EPA Environment Protection Act 1970

Emergency asbestos incidents

Lead agency–– Lead agency–– Incidents Response Recovery Legislation House being demolished Local government Local government Building Act 1993/Health Act 1958 by homeowner. Fire at a worksite. Fire brigade WorkSafe Vic Emergency Management Act 1986/ Occupational Health and Safety (Asbestos) Regulations 2003 Fire at a residential Fire brigade Local government Emergency Management Act 1986/ premises. Building Act 1993/Health Act 1958 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 11

Other resources

Health effects of exposure to asbestos Disposal Doll, R. and Peto, J., 1985, Health Effects of Exposure to The Transport and disposal of waste asbestos––Victorian Asbestos, Her Majesty’s Stationery Office, London. EPA Publication 364C (November 2004).

Agency for toxic substances and disease registry Public health information U.S. Department of Health and Human Services, 2001, Rural and Regional Health and Aged Care Services, Toxicological Profile for Asbestos, Public Health Services, Department of Human Services Victoria, booklet: Asbestos Atlanta, Georgia. in the home (June 2003). Also available at Also available at www.atsdr.cdc.gov/ www.health.vic.gov.au/phd/environmental/

World Health Organisation International Programme on Chemical Safety (IPCS) Environmental Health Criteria 53 (Asbestos), 1986. enHealth Council A national body comprising of all state/ federal government environmental health sections. This is a health partnership fordiscussing environmental health issues focusing on the physical impacts the environment can have on health (such as asbestos and public health). http://enhealth.nphp.gov.au Guidelines for the management of asbestos in the non- occupational environment, Department of Health Western Australia (enHealth 2004).

Sampling National Occupational Health and Safety Commission (NOHSC), 1988, Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Dust, NOHSC, Sydney. Also available at www.nohsc.gov.au 12 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

Relevant contacts

WorkSafe Victoria Department of Human Services

General enquiries (toll free)1800 136 089 Environmental Health Unit Emergency Response Service (24 hours) 13 23 60 General enquiries 1300 761 874 Regional offices Emergency Response Coordinator (24 hours) 1300 790 733 Ballarat (03) 5338 4444 Regional offices Bendigo (03) 5443 8866 Barwon–South West (03) 5226 4540 Dandenong (03) 8792 9000 Grampians/Western (03) 5333 6669 Geelong (03) 5226 1200 Gippsland (03) 5177 2500 Melbourne (03) 9941 0558 Hume/North Eastern (03) 5722 0555 Mildura (03) 5021 4001 Loddon Mallee/North West (03) 5434 5555 Mulgrave (03) 9565 9444 North West Metropolitan (03) 9412 5333 Preston (03) 9485 4555 (03) 9275 7000 Shepparton (03) 5831 8260 Eastern Metropolitan (03) 9843 6000 Traralgon (03) 5174 8900 Southern Metropolitan (03) 9213 2111 Wangaratta (03) 5721 8588 Warrnambool (03) 5562 5600 www.dhs.vic.gov.au/ www.workcover.vic.gov.au/

Environment Protection Authority Victoria General enquiries (03) 9695 2722

Pollution Watch (24 hours) Metro area (03) 9695 2777 Regional Victoria (1800) 444 004

Regional offices Dandenong (03) 8710 5555 Bendigo (03) 5442 4393 Geelong (03) 5226 4825 Gippsland (03) 5176 1744 Wangaratta (03) 5721 7277 www.epa.vic.gov.au/ Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 13

Appendix 1 Relevant legislation

Occupational health and safety legislation •require workplace occupiers and employers to ensure that in situ asbestos is identified, that risk assessments In investigating asbestos-related issues in a workplace, are carried out and maintained, and that risks to health WorkSafe Victoria enforces the: are controlled • Occupational Health and Safety Act 2004 • set the occupational exposure standard for asbestos at •Occupational Health and Safety (Asbestos) Regulations 0.1 fibres/ml of air 2003. •require asbestos removal within workplaces to be The Occupational Health and Safety Act 2004 places conducted safely and without risk to all persons. certain duties on various people or organisations. These •require that risks associated with specified activities duties include: involving asbestos be assessed and controlled •‘Employers are required to provide and maintain so far as Regulation 308 prohibits the use, storage, sale, supply, is practicable for employees a working environment that transport, manufacture, re-use, installation and is safe and without risks to health.’ (s. 21) replacement of all forms of asbestos-containing material, •‘Every employer, including the self-employed, is required from 31 December 2003. Note that: to ensure, so far as is practicable, that persons (other • The prohibition is made under the Dangerous Goods Act than employees of the employer) are not exposed to risks 1985,therefore it is not restricted to workplaces and to their health and safety arising from the conduct of the applies to all persons, including homeowners. undertaking of the employer.’ (s. 22) • The prohibition does not extend to asbestos products that •‘Occupiers of workplaces (persons who have were previously installed and ‘in use’ at the time the management or control of the workplace) are required to prohibition came into effect. take such measures as are practicable to ensure that the workplace, and access to and from the workplace, are The Regulations also state that prohibition does not safe and without risk to health.’ (s. 23) apply to: •‘Every employee is required to ensure that any other •the storage of asbestos or asbestos-containing material, if person so far as practicable including on-site visitors, are the asbestos or asbestos- containing material is waste not exposed to risks to their health and safety arising and the waste is: from the conduct of an employee.’ (s. 25) –being stored until it is disposed of; and The Occupational Health and Safety (Asbestos) Regulations –stored securely and identified to indicate the presence 2003 incorporating the Dangerous Goods Act 1985 of asbestos; and (Division Three), include the provisions that: – contained so as to eliminate the release of airborne •allow unlicensed tradespeople to undertake asbestos asbestos fibres; and removal, if the asbestos is non-friable and –disposed of as soon as is practicable. –<10m2 in total area in any seven-day period Licensed contractors who remove asbestos must register – asbestos removal does not take longer than one hour in any asbestos removal job with WorkSafe Victoria. any seven-day period.4 Removal by licensed contractors and permitted limited removal by persons without a licence must be conducted safely, in accordance with the legislation.

4 The limit includes the accumulated time and amount of asbestos removed by all employees over the seven-day period, regardless of the number of jobs undertaken within that time period. 14 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

Environmental protection legislation Sections 40, 41, 44 and 45 of the Environment Protection Act 1970 make it an offence to pollute waterways, Sections 38, 41 & 45 of the Environment Protection Act atmosphere or land so as to make the atmosphere or land 1970 require that: noxious, poisonous, offensive or potentially harmful to •‘A person shall not pollute any waterway so that its people. condition is altered as to make the water harmful or Depending on the severity of the situation, EPA may serve a potentially harmful to the health or welfare of human Pollution Abatement Notice (S 31A), Minor Works Pollution beings.’ (S38) Abatement Notice (S31B), Clean Up Notice (S62A) and/or •‘A person shall not pollute the atmosphere so that it is so instruct a company or person to undertake an environment changed as to make or reasonably expected to make the improvement plan. atmosphere harmful or potentially harmful to the health, welfare, safety or property of human beings’ (S41). Public health legislation •‘A person shall not pollute land so that the condition of The nuisance provisions of the Health Act 1958 the land is so changed as to make or be reasonably (sections 39–47) require local government councils to expected to make the land or the produce of the land remedy ‘as far as is reasonably possible’ all nuisances in its harmful or potentially harmful to the health or welfare of municipality (s. 41). human beings’ (S45). Section 39A of the Health Act 1958: In addition, S45 (2) prohibits placing in or on any land any ‘Applies to nuisances which are, or are liable to be, matter, which does not comply with any standard dangerous to health or offensive and in particular to prescribed for that matter; or on establishing a refuse nuisances arising from or constituted by (specifically dump, a garbage tip, a soil and rock disposal site, or any associated with asbestos material)––any building or other site for the disposal of or as repository for solid or structure or any other matter or thing’. liquid waste, so as to be obnoxious to human beings. Nuisances are defined as states, conditions or activities Asbestos is designated as a prescribed industrial waste. that are, or are liable to be, dangerous to health or noxious, The disposal and transport of commercial and industrial annoying or injurious to personal comfort (s. 40) and asbestos waste is managed by the EPA, in accordance with Section 42 prohibits a person from causing a nuisance. the Environment Protection (Prescribed Waste) Regulations 1998, by: As such, asbestos dust generated from a building structure or the transport of domestic waste by a home owner is a •regulating the transport of asbestos waste from local government matter, to be managed under the commercial and industrial sources (a prescribed nuisance provisions of the Health Act 1958. industrial waste) •regulating the disposal of asbestos waste from both industrial and domestic sources •investigating incidents of land contamination with asbestos. Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 15

Appendix 2 Monitoring asbestos fibres

Asbestos air sampling The following examples illustrate that air sampling did not detect asbestos fibres following prolonged exposure to high Monitoring for atmospheric asbestos fibres during or after temperatures: an emergency can help determine if people have been potentially exposed to asbestos, or to define the area or 1. World Trade Centre disaster (These buildings were built extent of asbestos contamination. from 1968 to 1972 and a slurry mixture of asbestos and cement was sprayed on as fireproofing). The U.S. Following an illegal demolition, fire or explosion, it would be Department of Labour Occupational Safety & Health difficult to establish air monitoring in the community. It is Administration undertook air monitoring following the usually not possible to arrange for air sampling at the time collapse of the World Trade Centre towers on of an incident such as an illegal demolition, as the 11 September 2001. Sampling commenced on equipment required to undertake the analysis is highly 13 September 2001 at various locations, including specialised and not usually available at short notice. Ground Zero and surrounding areas. More than 1,400 air Research into community exposure following an asbestos samples were taken to test for the presence of asbestos. incident is limited. The ‘World Trade Centre’ and ‘Pentagon’ All were below the permissible exposure levels for examples below support the claim that the health risks for asbestos and 95 per cent were below detection limits7. members of the public as a result of an incident is 2. Pentagon building The US EPA undertook air sampling negligible. The level of asbestos fibres in the environment is following the airplane crash on 11September 2001. Air unlikely to exceed normal background levels, however air samples were taken between 11to 29 September 2001 sampling may still be initiated to alleviate community from the site. A total of 136 asbestos samples were concerns. collected from the site. No levels were above the The decision to undertake air sampling is determined after permissible limits. discussion with other government agencies. There is no When considering whether air sampling should be right or wrong answer when deciding whether to undertake conducted, the agencies in attendance must assess the air sampling, or not. Air monitoring after an incident such as type of incident, where it occurred and community reaction a fire, explosion or demolition invariably indicates levels following the incident. As previously stated, air monitoring below detection limits5. Asbestos material burnt at high determines if the community have been exposed to temperatures above 600°C6 may result in complete asbestos fibres above the background levels. Sampling may degradation of the fibres. However, during a fire, asbestos be necessary regardless of scientific evidence indicating fibres may be released without being exposed to prolonged that asbestos fibres are unlikely to be above background high temperatures. levels, to alleviate community concerns.

5 enHealth, Guidelines for the management of asbestos in non- occupational environment, Department of Health Western Australia September 2005. 6Hoskins JA, Brown RC, Contamination of the air with mineral fibres following the explosive destruction of buildings and fire, Drug Metabolism Reviews 1994, 26(4), 663–673 states that ‘chrysotile starts to break down at 450°C and the amphiboles at 7 Statement of Patricia K Clark Regional Administration before the 400–600°C and although the asbestos may still appear to be Subcommittee on National Security, Emerging Threats and fibrous, the fibres will be readily converted to a dust which does International Relations Committee on Government Reforms not have the same pathogenicity as the original fibre.’ U.S House of Representatives Oct 28, 2003. 16 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

Appendix 3 Asbestos-containing materials8

(This is not an exhaustive list) Asbestos roof tiles Asbestos textiles A Asbestos textile gussets in airconditioning ducting systems Airconditioning duct, in the exterior or interior acoustic and Asbestos yarn thermal insulation Autoclave/steriliser insulation Arc shields in lift motor rooms or large electrical cabinets Asbestos-based plastics products as electrical insulates B and acid resistant compositions or aircraft seats Bitumen-based water proofing such as malthoid, (roofs and Asbestos ceiling tiles floors, also in brickwork) Asbestos cement conduit Bituminous adhesives and sealants Asbestos cement electrical fuse boards Boiler gaskets Asbestos cement external roofs and walls Boiler insulation, slabs and wet mix Asbestos cement in the use of form work for pouring Brake disc pads concrete Brake linings Asbestos cement internal flues and downpipes Asbestos cement moulded products such as gutters, ridge C capping, gas meter covers, cable troughs and covers Cable penetration insulation bags (typically Telecom) Asbestos cement pieces for packing spaces between floor Calorifier insulation joists and piers Car body filters (uncommon) Asbestos cement (underground) pit as used for traffic Caulking compounds, sealant and adhesives control wiring, telecommunications cabling etc Cement render Asbestos cement render, plaster, mortar and coursework Chrysotile wicks in kerosene heaters Asbestos cement sheet Clutch faces Asbestos cement sheet behind ceramic tiles Compressed asbestos cement panels for flooring, typically Asbestos cement sheet over exhaust canopies such as verandas, bathrooms and steps for demountable ovens and fume cupboards buildings Asbestos cement sheet internal walls and ceilings Compressed asbestos fibres (CAF) used in brakes and Asbestos cement sheet underlay for vinyl gaskets for plant and automobiles Asbestos cement storm drain pipes Asbestos cement water pipes (usually underground) D Asbestos-containing laminates (such as Formica) used Door seals on ovens where heat resistance is required Asbestos-containing pegboard E Asbestos felts Electric heat banks––blockinsulation Asbestos marine board (marinate) Electric hot water services (normally no asbestos, but some Asbestos mattresses used for covering hot equipment in millboard could be present) power stations Electric light fittings, high wattage, insulation around fitting Asbestos paper used variously for insulation, filtering and (and bituminised) production of fire resistant laminates Electrical switchboards: see Pitch-based Exhausts on vehicles

8 for the management and control of asbestos in the workplace, National Occupational Health and Safety Commission: 2018, 2005. Note Subject to declaration. Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 17

F Limpet asbestos spray insulation Locomotives: steam; lagging on boilers, steam lines, steam Filler in acetylene gas cylinders dome and gaskets Filters: beverage; wine filtration Fire blankets M Fire curtains Fire door insulation Mastics Fire-rated wall rendering containing asbestos with mortar Millboard between heating unit and wall Fire-resistant plaster board, typically on ships Millboard lining of switchboxes Fire-retardant material on steel work supporting reactors on Mortar columns, in refineries in the chemical industry P Flexible hoses Floor vinyl sheets Packing materials for gauges, valves, etc., can be square Floor vinyl tiles packing, rope or loose fibre Fuse blankets and ceramic fuses in switchboards Packing material on window anchorage points in high rise buildings G Paint, typically industrial epoxy paints GalbestosTM roofing materials (decorative coating on metal Penetrations through concrete slabs in high-rise buildings roof for sound proofing) Pipe insulation including moulded sections, water-mix type, Gaskets: chemicals, refineries rope braid and sheet Gaskets: general Plaster and plaster cornice adhesives Gauze mats in laboratories/chemical refineries Pipe insulation, including moulded sections, water-mix type, Gloves: asbestos rope braid and sheet Pitch-based (zelemite, ausbestos, lebah) electrical H switchboard Hairdryers––insulation around heating elements R Header (manifold) insulation Refractory linings I Refractory tiles Rubber articles: extent of usage unknown Insulation blocks Insulation in electric reheat units for airconditioner systems S L Sealant between floor slab and wall, usually in boiler rooms, risers or lift shafts Laboratory bench tops Sealant or Mastik on windows Laboratory fume cupboard panels Sealants and MastiK in airconditioning ducting joints Laboratory ovens: wall insulation Spackle or plasterboard wall jointing compounds Lagged exhaust pipes on emergency power generators Sprayed insulation––acoustic wall and ceiling Lagging in penetrations in fireproof walls Sprayed insulation––beams and ceiling slabs Lifts shafts: asbestos cement panels lining the shaft at the Sprayed insulation––fire retardant sprayed on nut internally, opening of each floor and asbestos packing around for bolts holding external building wall panels penetrations Stoves––old domestic type; wall insulation 18 Environmental health notes No. 1: Asbestos––Roles and responsibilities for government

T Tape and rope––lagging and jointing Tapered ends of pipe lagging, where lagging is not necessarily asbestos Tilux sheeting in place of ceramic tiles in bathrooms Trailing cable under lift cabins Trains––country––guards vans––millboard between heater and wall Trains––Harris cars––sprayed asbestos between steel shell and laminex

V Valve or pump insulation

W Welding rods Woven asbestos cable sheath Environmental health notes No. 1: Asbestos––Roles and responsibilities for government 19

Notes