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Client Update: Workplace Relations – 26 November 2003

National ban on asbestos and asbestos products

In brief: The use of asbestos in Australia will be banned from 31 December 2003. The ban is intended to prohibit the importation, storage, supply, sale, installation, use or re-use of products containing asbestos.

• Products fixed and installed before 31 December 2003
• Exemptions and exclusions to the prohibition

The ban is intended to apply Australia-wide, to all products, across all industries. In Victoria, the new Occupational Health and Safety (Asbestos) Regulations 2003 give effect to the national agreement between the Federal and State Governments to ban asbestos and asbestos products. The new legislation will complement a Commonwealth regulation that prohibits the import of asbestos into Australia.

Products fixed and installed before 31 December 2003

The ban does not extend to products containing asbestos that are fixed and installed at the time the ban takes effect. These products can be left in place until they need to be replaced with a non-asbestos alternative.

Exemptions and exclusions to the prohibition

There are three areas that are excluded from the prohibition:

• scientific analysis or research;
• sampling and identification; and
• retention of asbestos samples for demonstration, education or practical training purposes.

The National Occupational Health and Safety Committee has also exempted four products, provided they are used in specific circumstances. These include:

1. Compressed asbestos fibre gaskets (exempt until 31 Dec 2004. If used with Chlorine, exempt until 31 Dec 2006).
2. Asbestos with a phenol or cresylic formaldehyde resin (exempt until 31 Dec 2007).
3. Diaphragms for use in electrolytic cells for chlor-alkali manufacture (exempt until 31 Dec 2006).
4. Chrysotile parts/components used by the Australian Defence Organisation (exempt until 31 Dec 2007).

If an exemption is relevant to your business, it is important to ensure the way you use the product fits the specific requirements of the exemption.

If you are concerned about the impact the changes may have on the control of asbestos in your business, we would be happy to discuss this with you.

For further information, please contact:

• Maryjane CrabtreeExecutive Partner - Litigation & Intellectual Property, Melbourne
  Ph: +61 3 9613 8706
  Maryjane.Crabtree@allens.com.au