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.
