HAR REVISION OVERVIEW John Howell, Senior Project Officer

BACKGROUND  The HAR were developed to prevent new use/reuse of asbestos building products & with general guidance to prevent exposure  Asbestos situation now greatly changed & enforcement system inadequate re damage, demolition, deterioration & dumping  WA has very high presence & mesothelioma incidence, incl DIY  WA/QLD only have HAR type systems – Great opportunity?  HAR revision ongoing for years, with several consultations  Major progress in last 6 months, but affected by:  Public Health Bill, and legal advice  WA response to Model Workplace Health and Safety (MWHS) Legislation

EHD Asbestos Management Principles  Evidence & priority basis for public health risk  Using literature, surveys, mesothelioma data  Harmonisation with OHS regulatory system  Proven accepted system with likely synergies with PH  Flexibility & responsiveness  Code & Guidance Notes easier to change  Comprehensive, practical & supported  Try to address broad range of public exposure scenarios with detailed & tiered guidance

Scenario-based Public Health Risk Matrix Exposure Scenario Population Size Exposure Level Exposure Duration Individual Risk Population Risk Risk Perception Management Status DIY RenovationsMediumHighLow-mediumHigh LowEducation efforts Contaminated LandMedium-highLowHighMedium Well regulated Weathered/Worn/ Broken Medium-highLow – very lowHighMedium LowPoor regulation Pressure CleaningLowMedium - highLow-mediumMediumLow-mediumHighRare but managed Fire damageLow-mediumMediumLowLow-medium HighVaried regulation Dodgy RemovalsMediumLow High?? regulated Dodgy DemolitionsMediumLow High?? regulated C&D RecyclingLow MediumLow MediumNew regulations Mining ActivitiesLow New regulations DumpingMediumVery lowLowVery lowLowMediumManaged

EHD Current Approach  Develop detailed Code & Interim MOU (with consultation)  Ongoing use of Advisory Group with LGs & WorkSafe  Develop HAR Drafting Instructions & series of Code- related Guidance Notes i.e identification, assessment, repair, removal, transport & disposal, enforcement,....  Finalisation & implementation largely to await the Public Health Bill & OHS processes  Then also revise MOU

Basis for Approach  Under Health Act 1911, presently cannot upgrade fines & enforcement tools  Regulations etc under the Act will have to be revised under the Bill, possibly a few years hence  WA OHS arrangements likely to take a year or two to promulgate & will vary slightly from current Code basis  Legal advice is to do Code first  Key EHD asbestos staff winding down

In Conclusion  Approach’s acceptability is to be discussed later  Next presentations are updates on the Bill & OHS  Then key technical changes outlined & discussed  Potential to have a really effective and achievable world class public health asbestos regulatory system