South Africa has several laws regarding asbestos, specifically on managing it when it is present on a site. The regulations give employers a clear duty to identify asbestos in place and manage it properly. This duty is also extended to employees to take care of their health and safety and also look after others who may be affected. The Asbestos Abatement Regulations, as promulgated in November 2020, set out the requirements for the disposal of asbestos under Section 21 here: Asbestos Abatement Regulations.
When a business identifies asbestos being present in their business, there are a couple of things that should be in place:
- Every business must include an asbestos register in the risk assessment to ensure that any forms of asbestos are detected and adequately monitored.
- Facilities must carefully monitor their employees’ exposure to asbestos and pay attention to any possible exposure. Management is responsible for implementing effective policies and remedial actions to limit exposure.
- Identification and monitoring must be done by a competent person, who can be external or internal to the business. “Competency” can include training on asbestos or evidence of an adequate understanding of the asbestos legislation by the site health and safety representative/manager.
- The facility must develop a plan for removing/reducing asbestos within its business. The business must then inform the Department of Employment and Labour (DEL) of this plan (see Annexure 2, Notification of Asbestos Work in the Regulations). The removal/reduction of the asbestos must be done by an approved provider, as declared by the DEL for the particular year, i.e., in the Approved Inspection Authorities (AIA).
- Asbestos disposal can only occur at a site/area designated by the local authority, e.g., the Provincial Department of Environmental Affairs and Development Planning. The approved AIA can advise on whether the removal is included in their service and can identify the adequate area/site.
- The site’s plan should provide for asbestos extraction and describe how employees will be protected regarding PPE, restricted access, etc.
For more information and access to the Regulations, please visit them here: https://www.gov.za/documents/occupational-health-and-safety-act-asbestos-abatement-regulations-10-nov-2020-0000. If you have more questions, feel free to contact the SIZA office at 021 852 8184 or email werner@siza.co.za.
