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The new Asbestos Abatement Regulations (2020) came into effect/operation on the 10th of November 2020 replacing the old Asbestos Regulations of 2001. 

All but two of the new regulations came into effect with regulation 27 stating that they would only take effect 18 months after the date of promulgation on the 9th of May 2022. 

Essentially, the old definition of “asbestos work” was expanded upon and tiered into three types of asbestos work. 

This introduced several changes for employers whose employees may be exposed to asbestos dust during the course and scope of their employment and included new requirements on the handling and removal of asbestos in the workplace. 

In addition, the new regulations incorporated the United Nations 

Recommendations on the Transport of Dangerous Goods – Model Regulations, thereby aligning the new regulations with internationally accepted standards. 

Should asbestos be identified at the workplace, regulations 4 and 5 of the new regulations require you to employ a competent person to compile an asbestos inventory and risk assessment. 

You must continue to employ a competent person to review/carry out the inventory and risk assessment at intervals of no more than 24 months. 

Regulation 5(7) further requires that the inventory and risk assessment be reviewed by an approved inspection authority at intervals not exceeding six years. 

Regulation 6 requires you to employ a competent person who must create a management plan that address several key issues including:

The removal of asbestos.

The reduction of risk in cases of emergencies, repair work and removal work.

The phasing out of existing asbestos-containing materials. 

You must take steps to identify all asbestos containing materials, as far as is reasonably practicable. 

In identifying whether an item is an asbestos containing material, you are required to arrange a laboratory analysis of the material particularly where you are uncertain on whether the material does contain asbestos. 

Should you identify asbestos material and undertake to carry out asbestos work, or employ another person to carry out such work, you must give notice to the relevant Chief Director: Provincial Operations at the Department of Employment and Labor. 

The time within which notice must be given to the Chief Director will be based on the tier of work that the asbestos work is categorised as Regulated asbestos area, signaling and signage. 

Regulations 18 and 20 require you to clearly identify, demarcate and regulate access to asbestos areas in the workplace. 

Any person who accesses an asbestos area is required to wear the appropriate personal protective equipment / clothing. 

Further to the clear identification of asbestos areas, asbestos waste must be clearly labelled and transported in accordance with the United Nations Recommendations on the Transport of Dangerous Goods – Model Regulations. 

There are certain modified duties from the old regulations that include the duty to: 

Provide instruction, information and training to persons who have been or may be exposed to asbestos or asbestos dust.

Control and guard against the exposure of persons to asbestos.

Conduct air monitoring for types 2 and 3 asbestos work. 

Establish and maintain a system of medical surveillance. 

Dispose of asbestos in a manner contemplated in the regulations. 

Keep additional records due to the imposition of new duties, like that of the asbestos inventory, on the employer) 

Regulation 21 requires you and contractors employed by you to dispose of asbestos waste in the following ways:

All asbestos waste are to be placed in containers to prevent exposure.

All asbestos waste intended for removal is removed.

All implements encountering asbestos waste are decontaminated.

All asbestos waste is disposed of at sites specifically designed for this purpose in terms of the Environmental Conservation Act, 1989 and the National Environment Management: Waste Act, 2008.

All persons involved in the disposal, wear the appropriate personal protective equipment.

Drivers of vehicles containing asbestos waste are given written safety instructions. 

Regulation 22 requires the completion of an asbestos clearance certificate after undertaking type 2 or 3 asbestos works, whereby an approved inspection authority must, before issuing such a certificate visually inspect the asbestos work area, conduct air sampling, and ensure all asbestos waste has been removed in accordance with regulation 21

Regulation 23 requires you to keep records of all asbestos inventories, risk assessments, air monitoring results, medical surveillance reports, disposal certificates and clearance certificates. 

All records, save for medical records, must be made available to the following persons: 

An inspector.  

A relevant health and safety representative or health and safety committee  

Medical records may only be made available to an occupational health practitioner. 

All records must be kept for a minimum period of 50 years. 

The new regulations impose an exhaustive list of prohibitions and are drafted based on the substandard way some employers have dealt with asbestos in the past which has posed significant danger to the health of employees and others that may unwillingly encounter asbestos.   

Some of the new prohibitions contained in the new regulations are prohibitions against:

The sale, reuse, reinstallation or recycling of asbestos or asbestos containing material.  The cleaning or preparing of surfaces of asbestos cement materials.  

The storage of asbestos containing material for longer than three months after the completion of asbestos removal work.  

The vacuuming of asbestos dust using vacuum cleaning equipment other than vacuum cleaning equipment with a filtration efficiency of at least 99% for particles one micro-centimeter in size. 

There have been several factual inaccuracies reported around what needs to be in place by May 9, 2022.  

There is no legal requirement which requires the removal and safe disposal of all Asbestos-containing material by a certain date. 

As long the material is maintained and found to be in a fair condition you can keep Asbestos-containing material on the premises.

One regulation that does take effect on this date applies to Asbestos warning labels and signs. Available on the market from the date of promulgation, you should have started using these signs by now.

A second one requires that you be in possession of a report detailing the identification of Asbestos in place for a workplace.