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Legal Responsibilities for Owner/Controller of Premises

Who is classified as the controller of the premises?

As per the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2002(2005)], the “person with control” may be:

  • The owner of the premises
  • A person who has under any contract or lease an obligation to maintain or repair the premises
  • A person who is occupying the premises
  • A person who is able to make decisions about work undertaken at the premises
  • An employer at the premises

Persons with control of premises have a duty of care to:

  • Develop, implement and maintain an asbestos management plan.
  • Investigate the premises for the presence or possible presence of asbestos-containing material
  • Develop and maintain a register of the identified or presumed asbestos-containing material, including details on their locations, accessibility, condition, risk assessments, and control measures.
  • Develop measures to remove the asbestos-containing materials or otherwise to minimize the risks and prevent exposure to asbestos
  • Ensure the control measures are implemented as soon as possible and are maintained as long as the asbestos-containing materials remain in the workplace.