Attention all employers: time is up - compulsory asbestos inspections 

In terms of regulation 3 of the Asbestos Abatement Regulations of 2020, every employer is obliged to have the workplace inspected by a competent person or authorised inspection authority.

Our clients report that inspectors from the Department of Labour and Employment are now requiring proof that the asbestos inspections have been carried out. Failure to produce an asbestos free certificate or the statutory prescribed reports can lead to prosecution, fines and/or imprisonment. Only buildings constructed after March 2011 need not be inspected.

Asbestos is internationally classified as a carcinogen. Exposure to asbestos can lead to serious illnesses such as pleural diseases, mesothelioma, asbestosis and cancers. Asbestos fibres or dust can remain airborne for days and be breathed in by you or your workers. It may take several years for symptoms to manifest. Persons diagnosed with a malignant asbestos disease normally die within 2 years. Asbestos is a major cause of employment related diseases and disabilities.

Asbestos was used to manufacture a wide range of building materials, including roof sheets, fascia boards, gutters and downpipes, ceiling boards, insulation, wall coatings, water tanks and pipes, lagging and flues, floor tiles, prefabricated units, etc. Asbestos building materials were used in the construction of many houses, offices, shopping centers, factories and warehouses. Our competent inspectors can inspect your workplace and, if no asbestos is found, issue an asbestos free certificate. If asbestos is identified, we can compile all the prescribed reports, including an inventory of asbestos in place, risk and risk of exposure assessments and an asbestos management plan. We also offer a comprehensive Asbestos Safety Policies and Procedures Manual.

In terms of section 67 and regulation 36 of the Property Practitioners Act, every property practitioner, owner or lessor of immovable property (including residential property) is obliged to disclose any defect in the property in writing to any potential new purchaser or lessee. A defect is defined as “any condition, whether latent or patent, that would or could have a significant deleterious or adverse impact on, or affect, the value of the property, or that would or could significantly impair or impact upon the health or safety of any future occupants of the property or that, if not repaired, removed or replaced, would or could significantly shorten or adversely affect the expected normal lifespan of the Property.”  It is now mandatory for every property practitioner, owner or lessor to disclose in writing the presence of any asbestos materials in any property, including residential properties, before entering into any new sale or lease agreement. Failure to make the compulsory disclosure, using the prescribed form, could render the property practitioner, owner or lessor liable for damages.

An electronic copy of the ASBESTOS SAFETY POLICIES AND PROCEDURES MANUAL can now be ordered @ R2990. See attached index.

For further information or an obligation free quotation, please reply to this email or contact Mario on 082 819 2752,