Asbestos

Asbestos – A potential legal nightmare awaits property owners who are unaware or choose to ignore the existing legislation concerning asbestos and products containing asbestos used in the construction of their buildings.

Many property owners appear to be unaware that they have a legal obligation in terms of the Asbestos Regulations to conduct Asbestos Surveys on their properties on a regular basis, not exceeding two yearly intervals, and to maintain their asbestos in a good, safe condition.
Research has shown that a considerable number of property owners are either unaware of the terms of the Act or have chosen to ignore the requirements as set out in the Asbestos Regulations,2001 – (Government Notice. R: 155 Occupational Health and Safety Act, 1993)

Property owners should be aware of the penalties including the possibility of a prison sentence for non compliance with the Asbestos Regulations.
Non compliance could potentially open the door to extremely expensive civil litigation in the event of an individual or individuals contracting asbestosis. Asbestos fibres from, for example, poorly maintained asbestos fibre cement roof sheeting may become airborne thus spreading the risk of asbestosis to employees, customers and neighbouring properties.

Minister Van Schalkwyk has stated his concern as follows: “We have seen increases over the past 4 years in cases of asbestosis associated with exposure, in persons who have never been associated with asbestos mines”

Asbestos fibre cement products generally present a low risk of asbestos exposure, when new, as the fibres are encapsulated within the cement substrate.
Over time weathering aggravated by the growth of moss and algae erodes the cement surface and may expose asbestos fibres. (Asbestos Regulations 15.(1) (h) – relevant items are to be sealed to limit the release of asbestos dust, combat weathering and inhibit the growth of lichen and moss)
Mechanical damage to asbestos products will expose asbestos fibres thus presenting a health risk.

Legal compliance is essential – property owners/employers should regularly conduct asbestos surveys, including microscopic examination. The survey report which should include a written inventory of all asbestos on the property and an assessment of the risks of exposure to such asbestos. ( ASBESTOS SURVEYS – various service providers are listed under www.google.co.za – asbestos surveys)

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