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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Asbestos Abatement Regulations, 2020

5. Asbestos risk assessment

 

(1) If asbestos is identified in terms of regulation 3, then the employer or self-employed person must ensure that an asbestos risk assessment is carried out, as far as is reasonably practicable, immediately by a competent person and thereafter at intervals not exceeding 24 months.

 

(2) An employer contemplated in sub-regulation (1) must, before causing an asbestos risk assessment to be made, consult with the relevant health and safety representative or relevant health and safety committee and inform them in writing of the arrangements made for the asbestos risk assessment, give them reasonable time to comment thereon, and ensure that the results of the asbestos risk assessment are made available to them for comment.

 

(3) The asbestos risk assessment must, as an outcome, have a risk categorisation based on the potential for exposure to asbestos for each item  of asbestos-containing material, which must be derived from the following:
(a) The health impacts of asbestos;
(b) the number of persons potentially exposed at the workplace;
(c) the potential for damage or disturbance of asbestos-containing materials at the workplace, also by maintenance activities, potential incidents and normal occupant activities; and
(d) the condition of asbestos-containing material, including state of deterioration.

 

(4) The risk categorisation contemplated in sub-regulation (3) must be used to determine the need for keeping in place, repairing or removing the asbestos-containing material.

 

(5) The asbestos risk assessment for asbestos repair work, as required in subregulations (1), (2) and (3), must include the following:
(a) The assessed risk of any asbestos exposure relating to each job step;
(b) the controls necessary to reduce the risk of exposure to as low as is reasonably practicable;
(c) an  indication whether  environmental air monitoring  is required; and
(d) if exposure risk indicates that the OEL may be exceeded,  an indication that the employer must obtain the services of an occupational medical practitioner to fulfil the requirements of regulation 17(1)(b).

 

(6) The asbestos risk assessment for asbestos removal work , as part of the plan of work as contemplated in regulation 15 for asbestos-containing materials identified for removal, must consider the following:
(a) The aspects detailed in subregulation (5);
(b) the  risk  assessment  carried  out  in accordance  with  regulation 12(2);
(c) the potential exposure of persons other than employees;
(d) the potential contamination of the air, ground and water;
(e) the thorough decontamination of employees and the workplace;
(f) the transportat ion of asbestos-conta ining materials and asbestos waste; and
(g) emergency  scenarios .

 

(7) An employer or self-employed person must obtain the services of an approved inspection authority that must review and endorse the following at intervals not exceeding six years—
(a) The  inventory of asbestos  in place as required  by regulation 4; and
(b) the asbestos risk assessment as required by subregulation (1):

 

Provided that the review and endorsement are not required if the work was carried out by an approved inspection authority.