Section 425 of the Work Health and Safety Regulation 2011 (Qld) states that if a workplace is a building that was constructed prior to 31 December 1989 and ACM has been identified or assumed, then an asbestos register is required to be prepared and kept at the workplace.
Seemingly divergent to the legislation, there is no standard clause in an REIQ contract of sale that specifies that an asbestos register must be in place for commercial property that was built prior to 31 December 1989.
For buyers of properties where asbestos could possibly be present, it’s recommended you ask your conveyancer to insert a special condition into the Contract prior to you signing. The seller is then responsible to arrange an asbestos audit by a competent person, and if testing is performed and results are positive, a register and management plan will be required as part of the sale.
If no asbestos is identified or assumed to be present, then no documentation is required, however we recommend that the audit report always be kept onsite.
Persons in charge of a business, building owners and employees all have a duty of care to ensure a safe workplace. If the building was constructed before 31 December 1989, a thorough asbestos audit is imperative to disclose whether or not asbestos is present, ensure the correct documentation is in place, and compliant signage is installed if required.
All Building Inspections conducts asbestos audits throughout Queensland, and can provide compliant registers, management plans and reports in accordance with current legislation.