Asbestos and Local Councils - Local Government NSW · 2018-09-07 · LGNSW Asbestos Presentation to LGNSW Water Management Conference 19 •Work health & safety reg changed in 2017

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Asbestos and Local Councils

Daniel Adler

Project Manager – Asbestos Policy

Local Government NSW

LGNSW Asbestos Presentation to LGNSW Water Management Conference

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Local Government NSW

• LGNSW is a member of the interagency asbestos

coordination group named the Heads of Asbestos

Coordination Authorities (HACA) representing the

interests of councils

• Promotes and supports the adoption & implementation

of Model Asbestos Policy for Councils

• Dedicated staff member to assist councils

with asbestos policy and management


LGNSW Asbestos Presentation to LGNSW Water Management Conference 3

Overview

• Local Government Context

• The Model Asbestos Policy

• Asbestos Cement Pipe Cutting Guidelines

• Asbestos Cement Pipe Case Studies

• Government Action on Asbestos


Local

Govt

Context

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NSW Ombudsman Report 2010

• ‘Alarming lack of knowledge and

interest on the part of many

councils’

• ‘Poor grasp of roles and

responsibilities’

• 53% council websites no

asbestos information

• Many of the remainder

websites had misinformation

and misunderstanding


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Heads of Asbestos Coordination Authorities (HACA)

• SafeWork

• OEH

• OLG

• Health

• Emergency Services

• DPI

• DPE

• Dust Diseases Board

• LGNSW


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Heads of Asbestos Coordination Authorities (HACA)

• State-wide Asbestos Plan

• Coordinate the

governance framework

for the regulation of

asbestos

• Promote the exchange

and deliberation of each

organisation’s

interventions

• Provide technical and

policy advice



Model Asbestos Policy for Councils

• Contamination of land and pollution

• Emergencies and Incidents

• Changing land use

• Assessing Development

• Waste Management

• Responsible Employer

• Naturally Occurring Asbestos

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• “marked improvement in asbestos-related services in council

areas”

• “how (are) councils are expected to carry out

certain functions of the POEO Act

without access to additional resources?”

• “Consistent council policies are needed

as a priority”

• “It is unclear if all councils who have ACM in their

properties have registers and management plans”

NSW Ombudsman Report 2017



Progress !

Council websites with any asbestos info = 97%

Councils with any asbestos policy/plan/guide at all = 99%

Model Asbestos Policy only 60%

Complying Development Certificate only 36%




Questions


Is an asbestos policy mandatory?

• The ‘Model Asbestos Policy for NSW

Councils’ has been released as a guideline

under section 23A of the Local Government

Act 1993.

• “A council must take any relevant guidelines

issued under this section into consideration

before exercising any of its functions.”

• Councils must consider the Policy when

developing, adopting and implementing

asbestos policies for their local government

areas.


What is the difference between adopting a

policy and adopting a plan?

• Asbestos Management Plan is mandatory

under WH&S legislation

• All workplaces must have asbestos registers

and asbestos management plans

• Councils have adopted the model asbestos

policy in a variety of ways such as a policy, plan,

and guideline. This depends entirely on the

policy framework of the council


What is the role of the councillors if any

with regard to asbestos?

• Council (the Governing Body) is the PCBU

and has responsibilities under the WH&S

Regulation and other legislation.

• Councillors make up the board (the

Governing Body) of the council and have

the same responsibilities as any other board

member

• Councillors as part of the role must ensure

that council meets it’s obligations under the

Act and legislation.


Why the Model Policy Matters

• Contract with the community to

manage and regulate asbestos

• Asbestos is managed by a wide

range of business units within

council, there is a need for co-

ordination and communication

• Policy is designed to integrate

effectively with the state agencies


• Reviewed in 2018 by Water Directorate,

LGNSW and SafeWork NSW

• Several additions and changes made

to improve information on safety and

environment

• A great resource for all managers and

staff

• Great idea to put on Intranet and

have all staff read!


• Work health & safety reg changed in

2017

• Safework is the regulator, not

WorkSafe. Important to update

references to this eg: website links

• Now use non-friable terminology

• Outdated fact sheets removed eg:

working with asbestos guide 2008.


• Working with asbestos is considered

high risk construction work.

SWMS are a must

• Should develop emergency

procedures for burst asbestos water

pipes where fragments may have been

scattered around public area.

• Safety upgrades eg: better PPE, better

decontamination, disposal of

contaminated items, air monitoring,

health monitoring, awareness training


• Protection of the

Environment Operations

(Waste) reg changed in

2014

• Asbestos registers and

asbestos management

plans must be kept

• Tracking of asbestos waste

transport 10m2/100kg

• Appendix 3 deleted


Organisation Location

Goulburn Valley Water Victoria

Unitywater Queensland

South East Water Victoria

Water Corporation Western Australia

Barwon Water Victoria

Central Highlands

Water

Victoria


Water authorities that have developed long-term

strategies for rehabilitation of AC water pipes

benefit from improved planning for maintenance

and upgrades, have clear indications of costs that

can be then factored into financial planning and

rates charges, and can adjust more nimbly to

potential changes in regulations should they occur.


The management and rehabilitation of AC

water pipes must be done in a highly-

controlled manner. Water authorities that have

detailed policies and procedures, supported by

clear documentation and accountability, are

able to manage the risk from AC pipe and

ensure safety standards are maintained.


Whilst some water authorities have

clear lines of communication with the

public on AC pipe rehabilitation, there

is an opportunity for a broader

approach to communication on this

issue.


There is an opportunity for government,

industry associations and water

authorities to work together to

undertake further research and share

research findings on the long-term

management of AC water pipes in

Australia.


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Asbestos and Local Councils - Local Government NSW · 2018-09-07 · LGNSW Asbestos Presentation to LGNSW Water Management Conference 19 •Work health & safety reg changed in 2017