Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsAsbestos Abatement Regulations, 20204. Inventory of asbestos in place |
| (1) | An employer or self-employed person must obtain the services of a competent person to ensure that all materials identified as, or assumed to be, asbestos-containing material, as contemplated in regulation 3, are entered into an inventory of asbestos in place, which is kept at the workplace or premises. |
| (2) | With regard to any disagreement as to whether any substance is in fact asbestos, the health and safety representative, health and safety committee or a person nominated by the employees may require that a sample of that substance be taken and definitive identification of the substance be determined by an approved inspection authority, provided that the cost of the identification is borne by the employer. |
| (3) | The inventory of asbestos in place must contain, as far as is reasonably practicable, the following information about each of the asbestos-containing materials— |
| (a) | The date on which the material was identified; |
| (b) | a description of the material, quantity and extent of deterioration; |
| (c) | the location as detailed on a floor plan; |
| (d) | confirmation of labelling and signage as required by regulation 20; |
| (e) | the risk categorisation derived from the asbestos risk assessment as detailed in regulation 5(3); and |
| (f) | a description of potential exposure scenarios as required in regulation 6(2)(b). |
| (4) | The employer or self-employed person must ensure that a competent person reviews and, if necessary, revises the inventory of asbestos in place for the workplace at intervals not exceeding 24 months. |
| (5) | The inventory of asbestos in place should be revised more frequently— |
| (a) | further asbestos-containing material is identified; and |
| (b) | the asbestos-containing material has deteriorated significantly or is removed, damaged, sealed, coated or encapsulated. |
| (6) | Where the removal of asbestos or repair of asbestos-containing material is planned, information in the inventory of asbestos in place must be adequately detailed with respect to the work to be carried out. |
| (7) | The employer, self-employed person or asbestos client must ensure that a copy of the inventory of asbestos in place, or relevant part thereof, is— |
| (a) | given to the mandatory before any asbestos removal or repair work commences; |
| (b) | given to the registered asbestos contractor and approved inspection authority before asbestos removal or repair work commences; |
| (c) | readily accessible to employees and health and safety representatives at the workplace; |
| (d) | in the case of transfer of ownership, provided to the new owner of the premises; and |
| (e) | given to the approved inspection authority before asbestos removal or repair work commences. |
| (8) | The mandatory who carries out the removal of asbestos or the repair of asbestos-containing material at a workplace must— |
| (a) | obtain a copy of the inventory of asbestos in place from the employer, self-employed person or asbestos client; and |
| (b) | if suspected asbestos-containing materials are located on the structure, plant or machinery, inform the employer, self-employed person or asbestos client who must ensure that a competent person determines whether the substance in question is asbestos-containing material. |
| (9) | In the event of work carried out at a workplace and potential exposure to airborne asbestos— |
| (a) | the employer, self-employed person or asbestos client, as the case may be, must ensure that the person authorising such work is given a copy of the inventory of asbestos in place; |
| (b) | the person authorising the work as contemplated in sub-regulation (a), from the inventory of asbestos in place, must determine what future task and incident-related potential exposure scenarios are applicable to the work, including identifying recommended controls; and |
| (c) | the employer, self-employed person or asbestos client, as the case may be, must ensure that the recommended controls are implemented with regard to the work. |
| (10) | A ll asbestos-containing material listed in the inventory of asbestos in place, as required by sub-regulation (3), must be clearly labelled or provided with signage in accordance with regulation 20. |
