6June 2014

Bruce West

Dear Mr West

EQC EARTHQUAKE COMMISSION

KOmihano RDwhenuo

Thank you for your letter sent via email on 3 June 2014. In this letter you raised concerns I will address in this reply.

Firstly, I would like to point out that if you have any health concerns, the Ministry of Health has published information about potential health risks from exposure to asbestos which can be found here: http://www.health.govt.nz/news-media/news-items/asbestos-advice-householders This links to further health information that might be useful to you.

In this letter I will set out the management of asbestos containing materials throughout the Canterbury Home Repair Programme and hope that covers off the concerns you have raised.

I would like to make it clear that since the start of the home repair programme there has been a policy of testing for asbestos in earthquake damaged homes where required, as set out in New Zealand's asbestos regulations. The structure of the home repair programme means that the accredited contractor is in day-to-day control of each workplace. The accredited contractors are required by contract and law to work within the Health & Safety in Employment (Asbestos) Regulations 1998 which state that "every employer must take all practicable steps to ensure that, when it is necessary to know whether a substance is or is not asbestos, the substance is tested in accordance with a method specified by a New Zealond accredited laboratory for the identification of asbestos".

Therefore, I do not agree with your statement that "thousands of houses had Fletcher EQR repairs already completed without testing, with around 12,000 workers, together with occupants of repaired homes potentially exposed to unidentified or uncontained asbestos hazards in those properties" prior to June 25, 2012.

From the start of the Canterbury Home Repair Programme asbestos has been managed in a way that complies with or exceeds what is required in the Health and Safety in Employment Act 1992 and the Health & Safety in Employment (Asbestos) Regulations 1998.

Earthquake Commission Level20, Majestic Centre 100 Willis Street Wellington 6011, New Zealand

Corporate Mail: PO 790, Wellington 6140 Claims Mail : PO Box 311, Wellington 6140

Telephone: (04) 978-6400 Fax: (04) 978-6431 www.eqc.govt.nz

I believe that the Canterbury Home Repair Programme has not exposed Canterbury residents to any more risk than anyone else in New Zealand where work on asbestos containing materials is being carried out in homes. The advice I have received, based on health studies and the information from the Ministry of Health, is that the risk is extremely low.

EQC and Fletcher EQR have continuously worked to improve work practices about identifying and managing asbestos as part of the Canterbury Home Repair Programme, including introducing mandatory testing. We have shared our knowledge with WorkSafe throughout in developing practices and standards that exceed the existing guidelines.

In fact, the probability is the work of the Canterbury Home Repair Programme has been carried out under much more stringent controls than asbestos work in other parts of New Zealand.

EQC Health and Wellbeing Manager Alison Murphy was awarded the NZ Institute of Safety Management (NZISM) Health and Safety Practitioner of the Year at the New Zealand Workplace Health & Safety Awards 2014. She was recognised as a key person behind the development of systems to protect EQC field staff working in Canterbury, in particular the development of the Safe6 Programme focusing on the six most significant risks facing home repair programme.

Since its appointment by EQC in October 2010, Fletcher EQR has recruited project management staff and contractors on behalf of EQC to undertake home repairs.

Prospective contractors were assessed based on a range of factors, including their current health and safety management processes.

In January 2011 Fletcher Construction published its first guidelines Fletchers Asbestos Guidelines and Safety Alerts.

In June 2012 Fletcher EQR made it mandatory for its contractors to test for asbestos containing materials in every home they worked on if it was built between 1940 and 1990.

In March 2013 Fletcher EQR and EQC started managing and paying for that mandatory testing.

Prior to these dates, and from the beginning of the programme, Fletcher EQR and EQC have worked collaboratively to develop the best possible health and safety management system. All contractors working on EQC projects are required to commit to work safety and cooperate with a process of continuous improvement in working practices and procedures. This included testing where asbestos was expected to be present, as outlined earlier in this letter.

I am confident EQC has done everything reasonable to manage and mitigate risks around working with asbestos containing materials.

I believe this explanation covers most of your concerns without going through the specific dates you have referred to in your letter.

However, I would like to note that the memo you refer to was issued to Contractors by Fletcher EQR and dated 22 June 2012. EQR advises that the earlier date on the cover page (January 15 2011) was an error, possibly due to incorrect completion of an automated memo template. The Contractor Memo introduced mandatory testing on "all potential asbestos containing materials that require remedial work as part of the earthquake repair programme with particular attention to plaster ceilings". This does not mean there was no testing prior to this date. There was, as I have outlined earlier in this letter, as per the Health & Safety in Employment (Asbestos) Regulations 1998.

I am happy to arrange one of EQC's Christchurch based managers to further discuss any issues you have directly with you if you require.

Yours sincerely

Jan Simpson Chief Executive

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• Fletcher EQR