Greencap FM Insights  |  Issue 2  |  November  2022

FM Insights is back with Issue 2!

Facility owners, managers and employers are all confronted with an ever-broadening range of obligations relating to design, management and operation of property.
Likewise, compliance with Work Health and Safety (WHS) legislation is crucial in the mitigation of potential risks that can pose harm to people and property, and protection of financial assets.

Having built a wealth of experience and expertise since 1984, Greencap are pleased to share this biannual comprehensive communication where Greencap's own risk management experts from across the country share practical insights into achieving the relevant standards of work health and safety at your facilities for your employees, contractors and the general public.
 

Issue 2 includes:

The necessary steps required to manage a project are often dependent on project scale, current building use and ultimately the nature of asbestos materials involved. 

By understanding the legislative requirements for asbestos removal along with industry best practice, facilities managers can position themselves for success and ensure remediation projects are delivered safely and to budget. 

Any asbestos removal must be compliant with relevant legislation and codes of practice. While the below provides a basic overview of the requirements there are many complex requirements that must be evaluated, fully understood and actioned to ensure asbestos remediation is completed to the required regulatory standards.

Legislation

Work Health Safety Regulations
Code of Practice: How to Safely Remove Asbestos

Under all the state-based legislations and Codes of Practices, any amount of asbestos being removed that is either friable or greater than 10 square metres of non-friable asbestos material, the Licensed Asbestos Removal Contractor (LARC) must hold either A or B Class Asbestos Removal License (i.e. a contractor holding a business certificate for the prescribed activity of asbestos removal/remediation). 

LARC’s that hold a Class B License are only able to remove any amount of non-friable asbestos or any asbestos contaminated dust or debris associated with the removal of more than ten square metres of non-friable asbestos. The license does not authorise the removal of friable asbestos.

 LARC’s that hold a Class A License are able to remove any amount of non-friable or friable asbestos or any asbestos contaminated dust or debris. 

Requirements for licensed asbestos removal work

To conduct licensed asbestos removal work, most state based requirements include:

• Obtaining a copy of the asbestos register for the workplace/facility
   
• Preparing (readily accessible) Asbestos Removal Control Plans
   
• Informing people before asbestos removal work starts including:
  o   Workers and any other people at the workplace;
  o   The person who commissioned the asbestos removal work;
  o   Any other PCBUs at or in the vicinity of the workplace; and
  o   Anyone occupying premises in the immediate vicinity of the workplace
   
• Erecting signage and barricades
  o   To be compliant and specific to work area – respirator zone, Asbestos Removal in progress etc
  o   Exclusion zones ideally 10 meters from work area
   
• Limiting access to the asbestos removal work area
  o   Physical barriers can be used and nature of barrier determined by risk assessment
   
• Having suitable decontamination facilities available
  o   The type and size of any decontamination facility is determined by nature of removal (friable or non-friable) and number of workers
  o   Waste water to be filtered and disposed of to foul drains
   
• Asbestos removal supervisor present/available
  o   Present during all friable removal
  o   Available during all non-friable removal (within 20 minutes of site)
   
• Disposing of asbestos waste properly in a vehicle licensed to transport asbestos waste and with evidence of disposal provided in the form of waste transfer documents
   
• Clearance inspections and reports issued prior to re-occupation of the site*
  o   Independent** competent person for non-friable
  o   Independent** licensed asbestos assessor for friable
   
• Air monitoring – by NATA accredited company
  o   Independent** competent person for non-friable
  o   Independent** licensed asbestos assessor for friable – prior/during and following removal – inclusive of clearance air test
   
• Notifying regulator five days prior to works commencing

* The clearance report should be clear and provide adequate detail to enable updating of asbestos registers upon completion of work. They must also provide detail on limitations and any asbestos that remains in the work area.

** To be independent, the licensed asbestos assessor or competent person must not be involved in the removal of asbestos for that specific job, and also not be involved in a business or undertaking involved in the removal of the asbestos for that specific job.

How engaging an asbestos consultant can help Facility Managers

The above forms a basis of any asbestos remediation, however as with the majority of building works, proper planning and documented processes enable works to be completed with minimum disruption to stakeholders while maintaining required standards of safety.

To assist in this process, particularly with more complex sites or remediation projects, engaging an asbestos consultant is advisable as they can provide the following:

• Technical specifications for asbestos remediation to be provided to LARC for pricing
  o   This provides detail on project specific requirements and legislative compliance and ensures like for like pricing
  o   Details other hazards that must be considered such as working at height or electrical isolations
   
• Review of LARC pricing returns and any provided documentation
  o   Ensures price provided is for all aspects of work and minimises risk of project variation 
   
• Review of Asbestos Removal Control Plan – with report provided
  o   Ensures ARCP is compliant and adequate
   
• On site contractor compliance checks to ensure site set up as required, equipment fit for purpose, trained staff on site etc
  o   Provides assurance that methodology on site is as detailed in ARCP
   
• Updating site asbestos register to reflect works undertaken
  o   Requirement for compliance

For further information please visit greencap.com.au/asbestos-hazardous-materials

Significant numbers of Australian workers experience work-related violence or aggression. Whether it manifests as physical abuse, verbal or emotional abuse, gendered violence, customer aggression, written threats, or another form; workplace violence can harm both the person it is directed at, and anyone witnessing it.

Workplace violence can be categorised as:

• Internal violence (the risk of violence or aggression between co-workers, supervisors, management or other staff)
   
• Violence from external sources (either for material gain, where the aggressor is motivated by money, drugs or valuables; or non-material gain, including sexual assault, hostage taking, or incidental violence to others in the immediate vicinity of a workplace)
   
• Client-initiated violence (where clients or customers, their friends, or families take violent or aggressive action against the workers who are trying to help them.)

Workplace violence and aggression is unfortunately seen in all industries. However, it is most commonly observed in roles which require frequent interaction with external clients or the public, such as in healthcare, emergency services, government administration and education, business and financial services, and retail and consumer services. 

There has been an increasing trend in the incidence of workplace violence and aggression in recent years, with more and more employers identifying it as a major concern. For example, in 2020, WorkSafe Victoria reported an increasing number of healthcare professionals who described experiences of verbal and/or physical assault while at work. The COVID-19 pandemic created a rapidly changing working environment with increasing external stressors which exacerbated this trend, particularly in sectors such as healthcare and retail. For instance, the National Retail Association (2021) reported that over the pandemic, incidents of workplace violence spiked by 400%.

Facility and property management organisations play a critical interfacing role in the management of workplace violence risks. Both from the perspective of protecting their own workers from potentially violent or aggressive situations, and by implementing appropriate responses and protective measures to minimise risk to other building occupant. These occupants could be workers, customers or members of the public. 

Adequately equipping facility management workers with the right frameworks, systems, knowledge and training is key to ensuring an appropriate response in these scenarios.

Greencap’s specialised Emergency Management and Training company TrimEVAC, has provided a comprehensive range of emergency management consulting services as well as nationally recognised emergency management training courses since 1987.

As well as Customer Aggression training (focused on de-escalation knowledge and practical skills for a range of settings), TrimEVAC also offers:

• Tailored solutions that meet the needs of each organisation and their risk profile
• Practical & engaging training programs (including Warden/Chief Warden Training, EWS/EWIS Training, General Occupant Training, and Fire Extinguisher Training) that build organisational competencies
• Multi-disciplinary consulting staff with broad industry experience and qualifications
• Comprehensive and user-friendly emergency management documentation

For further information please visit greencap.com.au/emergency-management

This duty extends to risks associated with workplace violence and aggression. Facility Managers must therefore consult, cooperate and coordinate activities with the PCBU to ensure the appropriate management of workplace violence and aggression is assessed, discussed, planned, and enacted. Implementing risk management frameworks for workplace aggression include multiple stages as outlined below. 

Risk Identification & Assessment

To develop an appropriate management strategy, it is first imperative to understand the specific risk profile related to workplace aggression and violence for a particular workplace. This requires a robust risk assessment, inclusive of review of policies, procedures, existing data, and physical layout of the facility or building(s). Once we identify and understand the risk, we apply the same risk mitigation approach as we would to any other activity that has the potential to cause us harm. The approach we use is the hierarchy of controls, where we aim to eliminate the risk (a proactive approach), right through to making rules and procedures around the response (a reactive approach).

Stakeholder Engagement

Verifying the risk assessment and obtaining perceptions of the ‘current situation’ requires engagement and consultation with a wide range of stakeholders, from the workers themselves, through to all levels of an organisation, to other key parties such as external facilities management representatives - who regularly interact with the operations of an organisation. This process helps identify the particular situations or triggering events where aggressive or violent behaviours may occur, the implications and severity of these, possible means of eliminating or minimising those situations, and, where that is not achievable - ensuring existing response processes are appropriate. 

How to Eliminate / Minimise Risk

The aim is always to eliminate the risk where possible. Where this is not achievable, we look to reduce the risk so far as reasonably practicable. Policies, procedures and operational activities should comprehensively define the agreed management and mitigation of aggression risk, seeking a zero-tolerance approach to workplace violence (an ‘administrative control’). Promotion of these policies via clear signage, audio recordings and video messaging then helps to build awareness of expected conduct and behaviour amongst workers, customers and other building users.

The use of physical barriers and ‘safe zones’ may be appropriate in high-risk areas, such as entrances, service counters, and exits. Think of these as ‘engineering controls’.

Additional security protocols including video surveillance, body-worn cameras, distress alarms, or assistance from local law enforcement agencies for high-risk work environments should also be considered.

Increasing Knowledge & Capability

In addition to building confidence in worker perceptions of their psychosocial and physical safety at work, ensuring workers are aware, familiar and knowledgeable when it comes to workplace violence and aggression is a key element to effective risk management.
Induction and refresher training should incorporate workplace aggression and violence management, and specific training and instruction should be provided for workers who are directly in contact with clients or members of public for the purposes of their role. 

Training is integral to building and strengthening knowledge, skills and confidence to prevent and manage occupational violence and aggression in the workplace.

Appropriate training topics include:

• Understanding and identification of violence and aggression in the workplace, and common triggers
• Developing capability in the use of static and dynamic risk assessments to identify and respond to triggers and warning signs
• Frameworks of de-escalation strategies such as the use of non-threatening body language, negotiation techniques, demonstration of empathy, and specific communication styles
• Self-defensive and self-protective behaviours, employing a safety-first approach at all times; and
• Post incident response protocols.

Greencap’s team of Health and Safety professionals and consultants support a wide range of clients in the facility and property management sector providing information and support around:

• Emergency Evacuation Procedures and Signage
• Psychosocial Risk Assessments and Management
• Static and Dynamic Risk assessment Training
• Workplace Aggression Services
• Site Assessments
• Emergency Pre-Incident Planning (including Post-Incident Responses)
• Other suitable risk assessment support

For further information please visit
greencap.com.au/health-safety-management 

Not interested in Facility Management Insights?

Underground petroleum storage systems (UPSS) are primarily found at service stations or sites where fuel is frequently used such as depots, airports and car dealerships. They pose risks to human health and the environment in the occurrence of a leak, where the contents may contaminate surrounding land and groundwater.

Key regulatory changes of 2019 included:

1. Transfer of regulatory authority of the UPSS Regulation to local councils

The responsibility for enforcement of the UPSS Regulation was transferred from the EPA to local councils (effective 1 September 2019). The exception being that the EPA retains regulatory responsibility for those UPSS managed and operated by public authorities and those in the unincorporated areas of the state, as well as those UPSS "subject to an existing notice, direction or requirement" (that is a notice issued prior to 1 September 2019 and still in force at that date) and for UPSS subject to an environment protection license.
 

2. Requirements to comply with Australian Standard 4897 (2008)
“The design, installation, and operation of UPSS”

There is currently a requirement to have Fuel System Operation Plan (FSOP) documentation in place. This was new terminology introduced to replace "Environmental Protection Plan" (EPP):

“The person responsible for a storage system must not use the storage system, or authorise or permit the use of the storage system”.

3. All UPSS must have a loss-monitoring and leak detection system

This may be either groundwater monitoring wells or alternative leak detection system.
Likewise the person responsible for a storage system must not use the storage system or authorise or permit the use of the storage system, unless a leak detection system has been installed on the storage site in accordance with the requirements specified in the regulation (some exemptions still apply).
 

4. 30-days’ notice required (prior to decommission a UPSS system)

The 2019 update saw the introduction of a requirement for 30-days’ notice to be given to local councils by the person responsible prior to decommission a UPSS system.
 

5. Action must be taken within 60 days (after noticing a discrepancy)

Action must be taken following notifying any discrepancy, loss or leak (notification requirements apply to some incidents).
 

6. Reporting requirements

Documents are to be kept for 7 years from the date of creation including:

• Records of significant modifications
• Notices and reports of system being decommissioned
• Reports prepared after tank removed or replaced
• Incident logs
   

7. Old UPSS definition has been removed

There are no more exemptions to UPSS commissioned before 2008.
 

Lessons learnt

After completing a range of UPSS assessments and fuel system operation plans on behalf of Facility Managers since the UPSS regulation was updated, some of Greencap's key takeaways are:

• Councils across NSW are becoming more educated on enforcing the UPSS Regulations and associated requirements.
   
• Fuel System Operational Plans (FSOP) are straightforward and easy to understand documents that comply with the requirement to have one in place for ongoing use. 
   
• A UPSS compliance certificate can be provided at the completion of the work either as part of the FSOP (which can be prepared and issued in 1-2 weeks with access to relevant UPSS installation information and service reports), or following the installation of loss monitoring and leak detection systems.
   
• Depending on the location, size and number of UPSS, loss monitoring and leak detection systems can be a combination of installed groundwater monitoring wells and/or installation of specific leak detection systems.
  Installing groundwater wells at inner city locations and within basements is always challenging, and factoring in loss of car parks or access to basements during this time needs to be factored in when installing.  

Greencap's national team can assist clients in selecting the appropriate version and overseeing the installation of your leak detection systems, and also provide support in preparing FSOPs and installation of groundwater and soil vapour monitoring systems.

If your properties contain UPSS and you are unsure of their compliance, Greencap can conduct inspections and provide our advice regarding compliance, including recommendations of actions to ensure compliance or apply for an exemption where relevant.

For further information in Greencap environmental services please visit greencap.com.au/environmental-management