ACT Work Safety Commissioner Mark McCabe will seek approval from the ACT government to slap $5000 fines on builders who fail to dispose of asbestos properly, saying too many were risking the health of their workers and members of the public to avoid the time and cost of safe removal.
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Mr McCabe on Monday lifted a prohibition notice on a home in Murray Crescent in Griffith after stopping work last week after the ACT Planning and Land Authority discovered uncontained bonded asbestos on the site.
The authority made the discovery while checking on electrical issues at the site, where a house is being demolished for a renovation.
When the builder was questioned, he said he was unaware the old home contained asbestos
When ACT Work Safe inspectors arrived on Wednesday they confirmed the site was contaminated and work was stopped immediately while a licensed asbestos assessor and removalist was called in.
Mr McCabe said the story was not uncommon and there was a group of ACT builders that knowingly flouted the law rather than organise and pay for asbestos to be removed safely.
The site was also subject to a stop-work order from ACTPLA.
''Unfortunately this practice is far more common than we would like. We have explored education options and we have made it clear to the industry the seriousness of the situation, but a percentage of builders chooses not to do the right thing. So, now we need to look at enforcement,'' Mr McCabe said.
In the Murray Crescent case, Mr McCabe noted there was no avenue for him to impose a fine under current regulations, but there was a potential for the regulator to prepare a case for court prosecution.
''I think we need to look at substantial on-the-spot fines - in the order of $5000 - to provide a financial disincentive to these builders.''
Griffith resident and near neighbour Anne Forrest - who is vice-president of the Inner South Community Council - said she regularly walked down that street and had seen dust coming from the site over the weekend.
''I think it is absolutely shocking to find out that a stop-work order had been placed on this site due to asbestos. It should be of enormous concern to the community.''
She was further concerned that removal processes were appropriate and were being followed up ''to make sure the asbestos is actually disposed of in a safe manner''.
Mr McCabe said the amount of bonded asbestos and small amount of fibres from lagging around pipes presented a relatively low risk to the public. ''But while it is a low risk, it has potentially extreme consequences. That's why we have rigorous requirements for handling asbestos correctly.
''I also have particular concern for workers on site who come into direct contact with asbestos fibres.''
Mr McCabe said builders had a duty of care to their crew and it was their job to know whether asbestos was present in buildings - particularly of the age and type of the Murray Crescent home.