Every week we receive questions and phone calls from the community about the removal of asbestos from neighbouring properties. If you are concerned about how your neighbour is handling asbestos products in the renovation or demolition of their property you have a number of options.

My neighbour has hired a company to perform the work

If your neighbour has hired a company or contractor to perform the work, you should contact WorkSafe.

Given that it is not always clear if the company involved in the work is licensed we also suggest you contact Worksafe on 1800 136 089. WorkSafe regulate the conduct of both licensed and unlicensed organisations.

WorkSafe manage Victoria’s workplace safety system. Among the many tasks they are charged with, WorkSafe are responsible for the enforcement of Victoria’s occupational health and safety laws. They may take enforcement action, including prosecution, whether or not a breach of the OHS has resulted in harm.

If your complaint relates to the transport of asbestos products or their disposal at waste treatment centres, you should contact the EPA on 03 9695 2722. The EPA is a statutory authority established under the Environment Protection Act 1970 to protect, care and improve our environment.

My neighbour is performing the works

If your neighbour is performing the work we suggest you contact your local council.

According to the Occupational Health & Safety Regulations 2007 Part 4.3 Division 7 Subdivision 2, an unlicensed person may remove non-friable asbestos material if the area does not exceed 10m2 and the total time over which the removal is performed does not exceed one hour per 7 days.

If your neighbour fails to adhere to the rules, you should contact the Environmental Health Officer at your local council. This person answers enquiries and investigates complaints relating to sites that are not defined as ‘workplaces’ under the Occupational Health and Safety Act 2004. Most issues dealt with by local government Environmental Health Officers relate to a nuisance investigation involving the maintenance or removal of asbestos-cement sheeting from residential settings. Often this work is performed by the home owner or householder.

The Environmental Health Officer’s role in responding to questions or complaints is to:

• Investigate the nature of the complaint and determine if a nuisance exists as defined by the Health Act 1958;
• Raise awareness in the municipality about how to safely manage asbestos in non-workplace environments;
• Assess the likelihood of an asbestos-related public health risk;
• Provide pragmatic advice on managing asbestos fibre health risks to protect public health; and 
• Work collaboratively with other government agencies to resolve the issue.

A way of ascertaining the above information is for the officer to complete a risk assessment that involves four steps:

1. Identifying the issues
This involves examining the situation or circumstance of the complaint.

2. Hazard assessment
The Officer will then ask if there is asbestos involved and if there are fibres being generated.

3. Exposure assessment
This involves assessing whether it is likely that members of the public are being exposed to the hazardous material.

4. Risk characterisation
The Officer finally needs to establish if a risk to health is likely or unlikely in the given situation.