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Victorian occupational health and safety (OHS) laws set out responsibilities depending on your role.
If you manage or control a workplace
You must:
- identify asbestos and maintain an asbestos register
- clearly indicate the presence and location of asbestos (labelling where practicable)
- control risks: removal is the goal. If not immediately possible, manage the risk while planning for removal
- ensure asbestos is removed before demolition or refurbishment
- consult employees and health and safety representatives on asbestos-related matters
- provide the asbestos register to employers, contractors, and anyone doing work that may involve exposure.
You can’t delegate your legal duties. If you use a property manager, they may manage the process, but you remain responsible.
If you’re an employer
You must:
- obtain the asbestos register from the person who manages or controls the workplace
- train employees to identify asbestos, use controls and personal protective equipment (PPE) and respond if they encounter it
- provide suitable PPE, correctly fitted, at no cost
- arrange health monitoring for workers regularly engaged in asbestos-related activities where there’s a risk of exposure
- consult employees on health and safety decisions involving asbestos
- notify WorkSafe of incidents involving asbestos exposure.
If you’re self-employed
You have duties to eliminate or reduce exposure to asbestos arising from your work. Many employer requirements apply to you, including identification before demolition or refurbishment.
If you’re engaged to work at a domestic premises, it becomes your workplace and OHS duties apply for the duration of the work.
If you’re an employee
You must:
- take reasonable care for your own safety and that of others
- follow workplace procedures and use PPE as directed
- cooperate with your employer’s safety measures
- report asbestos hazards or concerns to your employer or health and safety representative.
You have the right to access the asbestos register, to be trained and to refuse work you reasonably believe poses an immediate threat to your health and safety.