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We were recently billed $660 for an “Asbestos Report”.
This had never been discussed at any meeting. It was just arranged, done, and paid for, without our knowledge.
When I asked our SM, I was told “It's in your admin budget, and it is a legislative requirement, and unlike the Termite or Fire Safety inspections (which we discuss at meetings), this is a mandatory once only report and we would be negligent not to have it done.“
Is anyone able to shed any light on these Asbestos Reports?
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This is from the OH & S Regulation 2001 HERE
51 Atmospheric contaminants—particular risk control measures(1) An employer must ensure that no person at a place of work is exposed to an airborne concentration of an atmospheric contaminant that exceeds or breaches a standard referred to in or determined under subclause (2).Maximum penalty: Level 4.
There are other sections that also seem relevant to strata living but what is clear is that an SP, as a part of risk management, should undertake an asbestos audit. There are new national guidelines that have different implementation requirements from State to State.
Given most SP's employ people to deal with maintenance and repair matters it would seem wise to have the audit done. Ignorance of asbestos is no defense if there is a problem in the future.
I would agree the matter could have been discussed or mentioned beforehand if the agent just acted without transparency — but if it is in the budget then sometime in the past it has been mentioned and the money approved for the report.
The agent has definitely acted in the Owner's interest. If legislation does not expressly require an audit then good risk management does.
Ask the agent which piece of legislation and post it on the forum for the benefit of all Flat-Chatters.
Hi all,
I believe that the answer is in the OH&S act/regs.
This act contains an obligation on the controller of a work place to make sure it is a safe work place. Effectively the common property of a strata scheme is deemed a work place, whether it is a residential building or commercial building.
It is the OC’s responsibility to be aware of a workplace risk and advise employees (contractors) of the risk, where it is and what to do with it.
Keep in mind that in some buildings built in the 60’s and 70’s, they have asbestos in the window putty used for keeping the glass in the windows, asbestos in the fire doors (thank you to all those owners who have installed their own peep hole).
Now it’s one thing getting the report and another to ensure that it is used… No point in just putting it in the shelf, unless there is no asbestos found.
If the agent has commissioned this without a specific delegation or resolution, than they are in a risky position
Mr Strata said:
Hi all,
I believe that the answer is in the OH&S act/regs.
This act contains an obligation on the controller of a work place to make sure it is a safe work place. Effectively the common property of a strata scheme is deemed a work place, whether it is a residential building or commercial building.
It is the OC’s responsibility to be aware of a workplace risk and advise employees (contractors) of the risk, where it is and what to do with it.
…………Mr Strata is absolutely correct and it is airborne asbestos that is really dangerous.
As Mr Strata points out; do not just shelf the report if there are asbestos issues. If the report has given your SP a clean bill of health then the SP has fulfilled its OH&S duty on the issue of asbestos.If you have asbestos issues then talk about them and determine how to deal with the risks, budget for the solutions and pass resolutions to act.
Procrastination is not a good option if the report identifies issues.Ok. I have confirmed the SM has done this in accordance with OH&S regulations, and they said:
Our process in relation to asbestos reports is to include a copy of the report with work orders for contractors who any are working on items that are suspected of containing asbestos.
It was done at least 2 months ago and did highlight several areas of risk, some in the “highly likely” category, including loose building debris in our gardens areas.
We were not told about the existence of this report. Had no idea we even had one done until we looked through the July expenses and noticed the $660 cost and questioned it… so I don't know how they expect us to take action on a report that we didn't know was done.
From 1/1/12 in NSW assuming the draft Workplace Health and Safety Act and regulations (this will replace NSW current OHS act and regs) is approved then strata schemes in most instances will not be subject to these laws as per below:
1.1.7 Meaning of person conducting a business or undertaking—persons excluded
(1) For the purposes of section 5(6) of the Act, a strata title body corporate that is responsible for any common areas used only for residential purposes may be taken not to be a person conducting a business or undertaking in relation to those premises.
(2) Subregulation (1) does not apply if the strata title body corporate engages any worker as an employee.
(3) In this regulation, strata title body corporate means [………………..].
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