Approved method for managing the risks associated with the temporary storage of asbestos waste prior to disposal in a place approved by a territorial authority.

Background

The Health and Safety at Work (Asbestos) Regulations impose requirements on PCBUs and others in relation to the carrying out of work involving asbestos. The Regulations prohibit PCBUs from carrying out work involving asbestos, or from directing or allowing a worker to carry out work involving asbestos. There are exceptions to this general rule which include when then work is of a type described in regulation 7(2), or the work is carried out in accordance with a method approved by WorkSafe New Zealand (regulation 7(3)).

Under regulation 40(1)(b) of the Regulations an asbestos removalists must ensure that asbestos waste is disposed of as soon as is reasonably practicable by depositing it in a place approved for the purpose by a territorial authority under section 73 of the Resource Management Act 1991.

Under regulations 53 (1)(b) of the Regulations a PCBU for which asbestos related work is carried out must ensure that asbestos waste is disposed of safely and regularly by depositing it in a place approved for the purpose by a territorial authority under section 73 of the Resource Management Act 1991.

Approval

Under regulation 8(1) of the Regulations, WorkSafe New Zealand approves this method for the transportation and storage of asbestos waste.

Commencement

The Approved Method comes into force on the 30th June 2017.

Definitions

  1. In this approved method-
    1. Act means the Health and Safety at Work Act 2015
    2. Regulations means the Health and Safety at Work (Asbestos) Regulations 2016
  2. Terms and expressions used and not defined in this Approved Method by defined in the Act of the Regulations have the same meaning as in the Act or Regulations, as the case may be.

Application

This Approved Method applies if:

  1. it is not for the time being reasonably practicable for a removalists to dispose of asbestos waste under regulation 40(1)(b):
  2. a PCBU for which asbestos related work is carried out is storing asbestos waste pending their disposal of it under regulation 53(1)(b).

Requirements of the approved method

  1. A PCBU for asbestos related work is carried out may:
    1. transport the asbestos waste to the location where it will be stored:
    2. store asbestos waste pending its disposal under regulation 53(1)(b) of the Regulations:
    3. transport the asbestos waste from the place it is stored to the place that has been approved by a territorial authority under section 73 of the Resource Management Act 1991 for the purpose of asbestos waste disposal.
  2. An asbestos removalists may:
    1. transport the asbestos waste to the location where it will be stored:
    2. store asbestos waste pending its disposal under regulation 40(1)(b) of the Regulations:
    3. transport asbestos waste from the place it is stored to the place that has been approved by a territorial authority under section 73 of the Resource Management Act 1991for the purpose of asbestos waste disposal.
  3. The storage and transportation of asbestos waste under this Approved Method is asbestos-related work and regulations 15 and 17 and Part 5 of the Regulations apply to this work.
  4. The asbestos waste must remain in sealed containers during transport and storage.
  5. The place where the asbestos waste is stored must be secured from unauthorised access.
  6. To avoid doubt:
    1. this Approved Method does not affect:
      1. the obligation on a PCBU for which asbestos related work is carried out to dispose of asbestos waste safely and regularly under regulation 53(1)(b) of the Regulations:
      2. the obligation on a removalists to dispose of asbestos waste as soon as is reasonably practicable under regulation 40(1)(b) of the Regulations:
    2. a PCBU and a removalist must comply with all relevant requirements of the Act, the Regulations, and other relevant legislation when carrying out, or directing, or allowing a worker to carry out, work to which this Approved Method applies, whether or not those requirements are referred to in this Approved Method.
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