Asbestos was widely used in building materials until the 1990s due to its resistance to heat, electricity, and chemical corrosion. However, asbestos-related diseases are a significant concern in New Zealand where asbestos is considered one of the leading causes of work-related fatalities.
If a building was constructed before 1 January 2000, it is likely to contain asbestos. Under the regulations (Health and Safety at Work (Asbestos) Regulations 2016), PCBUs (Persons Conducting a Business or Undertaking) must identify any asbestos or asbestos-containing materials (ACM), such as concrete, ceiling coatings, panels, claddings and more. These regulations impose additional duties on a PCBU, which includes business owners, landlords, managers, and tenants, to manage asbestos risks and ensure the environment is free of airborne asbestos fibers.
To comply, a qualified consultant should conduct an inspection to determine the presence of asbestos. If asbestos is found or likely to be present, PCBUs must prepare a written asbestos management plan. Property owners should collaborate with tenants in this process.
The Health and Safety at Work Act 2015 requires PCBUs to consult, cooperate, and coordinate with others involved in the same matter to ensure compliance. An asbestos management plan must detail the identification of asbestos, risk management decisions, procedures for incidents or emergencies, responsibilities of workers involved, and any training or health monitoring provided.
PCBUs must keep asbestos management plans up to date and review them if asbestos is disturbed or removed, or if five years have passed since the last review. Non-compliance with review obligations may result in fines of up to $6,000 for individuals and $30,000 for companies.
WorkSafe NZ have recently reviewed and improved their asbestos information and guidance materials on their website.
Asbestos in New Zealand - WorkSafe NZ
If asbestos features in your business operation we recommend you use the Asbestos Register as part of your compliance in the
Employers Toolbox.