When do residential landlords have a duty to identify asbestos and prepare an asbestos management plan?
You should read this if you are:
- a residential landlord
- a residential property manager
- an advisor to residential landlords or property managers.
What does the law say?
Under HSWA landlords must ensure that, when work is carried out at their property, it is done safely and without endangering workers or others, including tenants.
Landlords must identify asbestos in the workplace and document plans for managing its risks in an asbestos management plan, if there is a risk of exposure to respirable asbestos fibres.
As a residential landlord you are the person conducting a business or undertaking (PCBU) for your rental property. You may also need to rely on other PCBUs – such as property managers and building contractors to coordinate and collaborate with when they share overlapping duties with you.
Under HSWA you have a duty to identify asbestos and prepare an asbestos management plan for work involving a risk of exposure to respirable asbestos fibres. For example, exposure is likely to occur from dust created when drilling or cutting into asbestos-containing materials. HazMat have seen many instances when tradesmen have been exposed to asbestos in a home whiule going about normal business e.g. when double glazing windows, installing a heatpump or installing insulation.
The risk of exposure depends on the kind of work you’re planning to do. These types of work that may create risk include any renovations, refurbishments or demolition work.
If the work creates a risk of exposure in an area of the property you must ensure asbestos is identified and an asbestos management plan is prepared.
There are additional reasons why a residential home may need an Asbestos Management Plan:
For example when a residential home is being rented and the tenants are conducting business from the home.
Whether it’s meeting clients, storing business products or having employees visit and work from the home.
In these instances it is recommended that an Asbestos Management Plan for the home is created.
If a real estate salesperson or rental agency is conducting business from a home (open homes or showing prospective tenants through a home) they then become a PCBU and therefore; there may be a need to also have an Asbestos Management Plan.
In short, best practice would dictate that an asbestos management plan is prepared for every residential property to ensure compliance and to safeguard against future risks.
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