Asbestos: New Compliance Requirements for Bodies Corporate and HOA’s
The duties of body corporate trustees and HOA directors reached the next level of complexity when “asbestos management” was effectively added to their compliance checklist. The Asbestos Abatement Regulations 2020, issued in terms of the Occupational Health and Safety Act (Act 85 of 1993), came into effect on 9 May 2022.
In brief, this new law requires that all employers – including bodies corporate and HOA’s – must appoint a “competent person” to identify asbestos-containing materials at the workplace and, if so applicable, attest in writing that the workplace is asbestos-free. In case the presence of asbestos is determined, an asbestos inventory must be maintained, a risk assessment conducted, and an asbestos management plan set up. Along with this comes a host of duties related to personal protection, notifications, monitoring, reporting etc.
Failure to comply with the Asbestos Abatement Regulations may result in a fine or imprisonment of up to 12 months, with additional penalties imposed in case the offence remains unremedied. Employers who occupy or use a structure built after 2011 are exempted from ensuring “that the asbestos-free status of the workplace is substantiated in writing by a competent person”, according to Regulation 3(d).
For a quotation, please contact info@mirfin.co.za.
