Asbestos Liaison Protocol Bay of Plenty/Coromandel

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Asbestos Liaison Protocol Bay of Plenty/Coromandel
Asbestos Liaison Protocol
        Bay of Plenty/Coromandel
Liaison guidelines for government agencies and councils with regulatory duties in
                              relation to asbestos

Effective: 14 January 2021

To be reviewed every two years—next review date 14 January 2023
Asbestos Liaison Protocol Bay of Plenty/Coromandel
Signed by

                                         Date: 27 November 2020

Jo Pugh
Head of General Inspectorate
WorkSafe

                                         Date: 10 November 2020

Susan Jamieson
General Manager: People and Engagement
Tauranga City Council

                                         Date: 08 November 2020

Steph O’Sullivan
Chief Executive Officer
Whakatane District Council

                                         Date: 05 December 2020

Rob Williams
CEO
Thames Coromandel District Council

                                         Date: 14 January 2021

Janet Hanvey
Business Manager
Toi Te Ora Public Health

2
Asbestos Liaison Protocol Bay of Plenty/Coromandel
Date: 09 December 2020

Kevin Cowper
Area Commander
Fire Emergency New Zealand

                                                 Date: 06 January 2021

Rachel Davie
Group Manager Policy, Planning and Regulatory
Western Bay of Plenty District Council

                                                Date 15 December 2020

Fiona McTavish
CE
Bay of Plenty Regional Council

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Asbestos Liaison Protocol Bay of Plenty/Coromandel
CONTENTS
1.      INTRODUCTION ............................................................................. 5
     Parties to the Protocol .......................................................................................................... 5
     Purpose of the Protocol ......................................................................................................... 5
     When the Protocol applies ..................................................................................................... 5

2.      REGULATORY ROLES OF AGENCIES IN RELATION TO ASBESTOS ......... 6
     Roles of signatory agencies ................................................................................................... 6
     Roles of non-signatory agencies ........................................................................................... 10

3.      MANAGING ASBESTOS ENQUIRIES AND INCIDENTS.......................... 11
     The Lead Agency model ...................................................................................................... 11
     Role of the Receiving Agency ............................................................................................... 11
     Role of the Lead Agency ..................................................................................................... 12
     Role of all signatory agencies .............................................................................................. 12
     Changing the Lead Agency during an incident ........................................................................ 12
     Community liaison and communications................................................................................ 13
     Media enquiries and statements ........................................................................................... 13

4.      MANAGEMENT AND REVIEW OF THE PROTOCOL ............................... 14
     The Role of Worksafe ......................................................................................................... 14
     Review of the Protocol ........................................................................................................ 14

5.      APPENDICES ................................................................................ 15
     Appendix 1: Agency Jurisdictions ......................................................................................... 16
     Appendix 2: Asbestos Liaison Protocol Process and roles ......................................................... 17
     Appendix 3: Identifying a Lead Agency decision “tree” ............................................................ 18
     Appendix 4: Contact information for all agencies.................................................................... 19
     Appendix 5: Information Form—incoming enquiry or incident .................................................. 21
     Appendix 6: Handover Form—change of Lead Agency ............................................................. 22
     Appendix 7: Asbestos information to share with public ........................................................... 23
     Appendix 8: Data collection and evaluation ........................................................................... 25

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Asbestos Liaison Protocol Bay of Plenty/Coromandel
1. INTRODUCTION

PARTIES TO THE PROTOCOL
This Asbestos Liaison Protocol (“the Protocol”) has been agreed between the following government
agencies1:
    •    Bay of Plenty Public Health Unit, Toi Te Ora Public Health, BOPDHB
    •    Bay of Plenty Regional Council, BOPRC
    •    Tauranga City Council, TCC
    •    Western Bay of Plenty District Council WBOPDC
    •    Whakatane District Council
    •    Thames-Coromandel District Council, TCDC
    •    Fire and Emergency New Zealand, FENZ
    •    WorkSafe New Zealand

PURPOSE OF THE PROTOCOL
The purpose of the Protocol is to:
    •    support the reduction of occupational and public health risks associated with exposure to
         asbestos, and
    •    increase public confidence in asbestos incident management by setting out processes for
         effective liaison between government agencies in response to asbestos-related enquiries and
         incidents in the Bay of Plenty.
This regional Protocol is designed to build on existing regional networks and to be adaptable to local
needs and processes. The Protocol will be operating successfully when the following outcomes are in
place:
    •    Agencies work together to reduce the risk of exposure to asbestos incidents and enquiries, and
         to increase public confidence.
    •    Agencies understand their own roles and responsibilities in relation to asbestos, and also
         understand the roles and responsibilities of the other signatory agencies.
    •    Agencies are able to direct any asbestos enquiry or concern to the correct Lead Agency promptly
         and accurately.
    •    Agencies communicate with the public (including both the people making enquires, and, where
         appropriate, the wider community) about an asbestos incident promptly and consistently,
         regardless of which agency receives the initial enquiry.
Agencies are expected to update WorkSafe (as the coordinator of the Protocol) with any changes to
contact details.

WHEN THE PROTOCOL APPLIES
The Protocol applies when any of the agencies receives any asbestos-related enquiry or report of an
asbestos-related incident or potential incident in the Bay of Plenty region. (Note that general
information enquires are covered by the Protocol in order to guarantee at least a minimum, accurate
standard of response.)

1 In this document, the term “agency” is used to refer to all of the signatory organisations, including Crown entities,
and local government councils.

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Asbestos Liaison Protocol Bay of Plenty/Coromandel
2. REGULATORY ROLES OF AGENCIES IN RELATION TO
   ASBESTOS

ROLES OF SIGNATORY AGENCIES
The jurisdictions (regulatory roles and responsibilities) of the signatory agencies in relation to asbestos,
together with the Acts under which agencies operate, are set out in the tables below. Note that in this
Protocol, the Lead Agency in relation to a particular incident or enquiry will be the agency with primary
jurisdiction.
A one-page reference version of this information is provided in Appendix 1: Agency Jurisdictions.

                    Legislation &                   Regulatory roles and responsibilities
    Agency
                    Regulations                           in relation to asbestos

                From 4 April 2016       WorkSafe is New Zealand’s workplace health and safety regulator
                                        under the Health and Safety at Work Act 2015. WorkSafe also has a
                •    Health and         health and safety leadership role under the WorkSafe New Zealand
                     Safety at Work     Act 2013.
                     Act 2015
                                        WorkSafe’s regulatory functions include regulating asbestos in the
                                        workplace in compliance with the Health and Safety at Work
                •    Health and         (Asbestos) Regulations 2016.
                     Safety at Work     WorkSafe’s leadership role includes collaborating and establishing
                     (Asbestos)         partnerships with other agencies and co-ordinating information-sharing
                     Regulations 2016   to contribute to workplace health and safety. Development and
                                        management of this protocol fits with this leadership role.
                •    WorkSafe New       Responsible staff in relation to asbestos: asbestos incidents are
                     Zealand Act        primarily handled by WorkSafe’s General Inspectorate Health and
                     2013               Safety Inspectors, though Specialist Interventions teams may also be
                                        involved, particularly where prosecution is sought.
     WorkSafe

                                        WorkSafe’s specific roles in relation to asbestos include:
                                            •   receiving notifications of licenced removal work (as defined in
                                                the Asbestos Regulations and includes the demolition or
                                                refurbishment of anything containing friable asbestos,
                                                including buildings)
                                            •   receiving complaints about asbestos, and following-up on
                                                selected cases
                                            •   undertaking proactive workplace assessments and taking
                                                appropriate enforcement when required
                                            •   setting workplace exposure standards and providing written
                                                guidance material
                                            •   investigating selected incidents, and taking appropriate
                                                enforcement including prosecution when required
                                            •   delivering intelligence and research on asbestos
                                            •   administering Class A and B Asbestos Removal licences and
                                                Asbestos Assessor licences
                                            •   raising awareness of asbestos risks and how to manage them.

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Asbestos Liaison Protocol Bay of Plenty/Coromandel
Legislation &                   Regulatory roles and responsibilities
    Agency
                                 Regulations                           in relation to asbestos

                                                      District Health Boards (DHBs) have public health responsibilities
                                                      under the Public Health and Disability Act 2000, most of which are
                                 •   Health Act
                                                      addressed through DHB-owned regional public health units (PHUs),
                                     1956
                                                      some of which are owned by multiple DHBs.
                                                      Toi Te Ora is the public health unit of the DHBs for Bay of
                                 •   Public Health    Plenty.
                                     and Disability   Statutory officers (Health Protection Officers) are appointed under
                                     Act 2000         the Health Act 1956.
      Toi Te Ora Public Health

                                                      Toi Te Ora’s specific roles in relation to asbestos include:
                                                          •   providing specialist advice on human health effects of
                                                              asbestos where risk assessment is complex
                                                          •   preparing statements or advice about the risks of asbestos
                                                              exposure to individuals or groups
                                                          •   providing scientific advice on whether sampling is likely to
                                                              be useful
                                                          •   undertaking measurement and identification of asbestos in
                                                              specific situations e.g. where there is a public health risk
                                                          •   communicating the risk of asbestos exposure to the public
                                                              and the media
                                                          •   providing advice to other agencies on effective
                                                              communications with the public and with media about
                                                              asbestos risk and incidents
                                                          •   providing advice to lead agencies with statutory authority to
                                                              effect remedies

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Asbestos Liaison Protocol Bay of Plenty/Coromandel
Legislation &             Regulatory roles and responsibilities
    Agency
                                           Regulations                     in relation to asbestos
                                       •     Resource
                                                           Bay of Plenty Regional Council (BoPRC) is responsible for
                                             Management
                                                           regulating discharges of contaminants into the environment
                                             Act 1991
                                                           under the Resource Management Act 1991 (RMA) and Regional
                                                           Rules.
                                       •     (Regional     Responsible staff: primarily Environmental Regulation Officers
                                             Plans)        BoPRC regulatory jurisdictions in relation to asbestos are the:
                                                           •   discharge, or likely discharge, of asbestos to land or land where
                                                               it may enter water
                                                           •   discharge, or likely discharge, of asbestos to water where it may
                                                               cause contamination.
                                                           •   discharge, or likely discharge, of asbestos to air from the
      Bay of Plenty Regional Council

                                                               products of combustion that occur as a result of burning
                                                               asbestos outdoors (indoor burning of asbestos is excluded, as
                                                               the RMA does not authorise regional authorities to enter
                                                               domestic premises).

                                                           Regulatory instruments used by BoPRC can include:
                                                           • issuance of abatement notices to cease or remedy an
                                                              environmental effect
                                                           • application to the Environment Court for an enforcement order
                                                              to cease or remedy adverse environmental effects.
                                                           • infringements, Enforcement Orders and Prosecution

                                                           Regional Councils primary areas of interest are thus the disposal of
                                                           asbestos to an authorised site (e.g., following demolition or clean-
                                                           up), and managing on-going effects on the environment (e.g. the
                                                           effects of fire, contamination of land or water, unauthorised dumping
                                                           of waste).
                                                           Rules within the Regional Plans identify activities that are permitted
                                                           with conditions that must be complied with, and those activities that
                                                           require authorisation.
                                                           Landfills are certified by territorial authorities (and may also be
                                                           owned by territorial authorities); however they must have a resource
                                                           consent to discharge to land, from the regional council.
                                                           Landfills currently authorised to accept asbestos waste in the Bay of
                                                           Plenty and Waikato regions are found here:
                                                           https://worksafe.govt.nz/topic-and-industry/asbestos/where-to-
                                                           dispose-of-asbestos/
                                                           Note: The landfill operators must be contacted to arrange disposal
                                                           of asbestos before loads are dispatched.

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Asbestos Liaison Protocol Bay of Plenty/Coromandel
•   Legislation &                Regulatory roles and responsibilities
    Agency                          Regulations                        in relation to asbestos

                                •   Local
                                                       A territorial authority (TA) is a city or district council. There are
                                    Government
                                                       4 territorial authorities in the Tauranga, Coromandel and
                                    Act 2002
                                                       Whakatane areas.
                                                           •   Tauranga city Council
                                •   Building Act           •   Western Bay of Plenty District Council
                                    2004                   •   Thames Coromandel District Council
                                                           •   Whakatane District Council
                                                       TA’s responsibilities include environmental safety and health,
                                •   Resource
                                                       emergency management, building control, environmental health
                                    Management
                                                       inspections, controlling the effects of land use (including hazardous
                                    Act 1991
                                                       substances, natural hazards and indigenous biodiversity), noise,
                                                       and the effects of activities on the surface of lakes and rivers.
                                •   Local              Responsible staff: Environmental Health Officers and Building
                                    Government         Consents Officers carry out some regulatory functions, which are
                                                       imposed through a range of notices, permits and resource consents
      Territorial authorities

                                    Official
                                    Information        that may be required in relation to asbestos.
                                    and Meetings
                                                       Some examples of the specific roles of the TAs in relation to
                                    Act 1987
                                                       asbestos include:
                                                           •   Certifying landfills to receive asbestos waste (note that
                                •   Health Act                 many TAs also own the landfills)
                                    1956                   •   Ensuring the listing of asbestos on Land Information
                                                               documents where presence is known
                                                           •   Including asbestos advice on Building Consents for
                                •   Waste                      demolition and structural alteration where a permit is
                                    Minimisation               required
                                    2008                   •   Environmental health inspections
                                                           •   Issuing Abatement Notices and Enforcement Orders
                                                               requiring specific action (or prohibiting action) related to
                                •   Asbestos                   asbestos
                                    Regulations            •   Issuing Cleansing Order on owner or occupier, specifying
                                                               necessary remedial work and timeframe
                                                           •   Issuing Closing Order on owner
                                •   (District Plans)       •   Collecting and receiving asbestos waste for disposal
                                                           •   Issuing Dangerous or Insanitary building notices under
                                                               Building Act 2004
                                                           •   Responding to nuisances (complaints) and requiring the
                                                               abatement of nuisances under the Health Act 1956 where
                                                               any accumulation deposit or premises is in such a state as
                                                               to be offensive or likely to be injurious to health
                                                       Note that derelict or abandoned buildings are included under section
                                                       29 (Nuisances) of the Health Act; many such buildings will contain
                                                       asbestos.

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Asbestos Liaison Protocol Bay of Plenty/Coromandel
ROLES OF NON-SIGNATORY AGENCIES
Some agencies which are not signatories to the Protocol have roles and responsibilities related to
asbestos:
      1. New Zealand Police – Commercial Vehicle Investigation Unit (CVIU) is responsible for
         commercial vehicle safety enforcement under the Land Transport Act 1998. CVIU employees
         may be appointed as health and safety inspectors under the Health and Safety at Work Act
         2015.
      2. Civil Aviation Authority of New Zealand (CAA) has been designated2 to administer the
         Health and Safety at Work Act 2015 for the aviation sector, specifically for aircraft while in
         operation.
      3. Maritime New Zealand has been designated3 to administer the Health and Safety at Work Act
         2015 for the maritime sector, specifically for work on board ships and for ships as places of
         work.
      4. Fire and Emergency New Zealand (FENZ) roles include fire safety, fire prevention, and fire
         extinction. If they suspect, or have confirmed, the presence of asbestos in a fire situation, they
         will contact relevant agencies. FENZ also chairs the Local Hazardous Substances Coordination
         Committee (HSCC) in some areas.
      5. Environmental Protection Authority is the government agency responsible for regulatory
         functions concerning New Zealand's environmental management. These include national
         consenting under the Resource Management Act, management of the New Zealand Emissions;
         Trading Scheme and New Zealand Emissions Trading Register, regulation of hazardous
         substances, new organisms, ozone depleting chemicals, hazardous waste exports and imports,
         assessment of environmental effects in Antarctica, and managing the environmental effects of
         activities in the Exclusive Economic Zone and Continental Shelf.

2
    New Zealand Gazette, 5 May 2003, Issue no. 44
3
    New Zealand Gazette, 5 May 2003, Issue no. 44

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3. MANAGING ASBESTOS ENQUIRIES AND INCIDENTS

THE LEAD AGENCY MODEL
While many asbestos-related incidents will require a response from multiple agencies, the identification
of a Lead Agency in each case ensures that the response is coordinated and well-managed.
As pointed out above, an agency will be designated Lead Agency because of its jurisdiction (regulatory
roles and responsibilities) in relation to asbestos in the given context.
A process for identifying a Lead Agency is set out in Appendix 3: Identifying a Lead Agency decision
“tree. Variables include whether or not a workplace is involved, whether an activity is occurring at a
private residence with no paid workers (such as “do it yourself” (DIY) projects), and whether transport
and disposal of asbestos are involved.
Being identified as Lead Agency does not mean that a particular agency’s interests take precedence over
those of other agencies; indeed, it is the Lead Agency’s responsibility to ensure that all relevant
agencies are involved and that their regulatory roles and requirements (e.g. assessment, testing,
investigation, communications, etc.) are recognised and accommodated. The Protocol also sets out a
process for shifting the role of Lead Agency from one agency to another when the phase of response or
other circumstance makes such a change appropriate.
The roles and responsibilities of the agency initially receiving an asbestos-related concern or report of
incident (the “Receiving Agency”), the Lead Agency, and all signatory agencies are set out in a one-page
format in Appendix 2: Asbestos Liaison Protocol Process and roles.

ROLE OF THE RECEIVING AGENCY
Setting out a process for the agency initially receiving, helps to ensure consistency of response across
agencies and raise public confidence. The Receiving Agency also plays a role in collecting information
that can be used in evaluation and review. A form is provided for collecting information on first contact
in Appendix 5: Information Form—incoming enquiry or incident.
Process
1. The agency that receives any asbestos-related enquiry or report of an incident or potential incident
   will:
     •   gather sufficient information from enquirers to accurately determine a Lead Agency, and
         communicate effectively with other agencies. If the Lead Agency cannot be determined from the
         information available, the Receiving Agency will need to investigate further until such a
         determination is possible.
     •   identify Lead Agency using the Appendix 3: Identifying a Lead Agency decision “tree. (Note that
         the Lead Agency will always be the agency with primary jurisdiction at the time.)
2. If Lead Agency:
     •   proceed to carry out its relevant legislative and regulatory responsibilities in relation to asbestos
         using its own asbestos response process, incorporating the role of the Lead Agency set out
         below.
     If not Lead Agency:
     •   provide the enquirer with contact information for the Lead Agency (including department and
         phone number), and a website address that provides asbestos information.
     •   contact the Lead Agency directly to pass on the information it has received (note that this step
         is not necessary in the case of general asbestos information enquiries).
In order to meet the Protocol objective of increasing public confidence in asbestos incident
management, the Receiving Agency may also choose to contact agencies other than the Lead Agency
directly —whether signatories or non-signatories—that may also have a role or interest in the
information received.

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ROLE OF THE LEAD AGENCY
The Lead Agency will do the following:
     •    Identify and contact any other agencies with interests or responsibilities in relation to the
          incident or situation (possibly including non-signatory agencies).
     •    Manage all aspects of the incident response in the case of sole jurisdiction, or manage a
          coordinated multi-agency response in the case of shared jurisdictions.
     •    Manage community liaison and proactive engagement with the public, as appropriate, in
          communication with [regional PHU Unit name] where there is a potential for, or an actual risk to
          public health.
     •    Manage media releases and enquiries, in communication with [regional PHU Unit name] where
          there is a potential for, or an actual risk to public health.
     •    Carry out its agency’s statutory and regulatory responsibilities regarding asbestos.
     •    Support agency workers to follow safe work practices where there is risk of exposure.
     •    Change Lead Agency, when appropriate, following the steps in this Protocol document.
When responding to large-scale incidents involving multiple agencies, the Lead Agency may establish a
short term incident liaison group to ensure effective and efficient communication and information-
sharing between the agencies involved.

ROLE OF ALL SIGNATORY AGENCIES
This Protocol promotes efficient and effective inter-agency coordination and cooperation in order to
reduce asbestos-related risk and to increase public confidence. In particular, agencies are expected to
do the following:
     •    Communicate promptly with other agencies to reduce delays and support an effective incident
          response.
     •    Provide regular updates to other agencies involved in an incident, as appropriate (this may
          include sharing daily updates or situation reports during large scale incidents, as appropriate).
     •    Where practicable, reduce duplication and close gaps by sharing information and coordinating
          activities such as testing, evidence collection, site visits, and communications.
     •    Consult with other agencies on best practice to build a network of expertise and support.
     •    Contribute to the annual review of the Protocol, and send updates on contact information to
          WorkSafe.
     •    Ensure that all relevant staff are well oriented to the asbestos protocol to ensure it can be
          effectively operationalised.

CHANGING THE LEAD AGENCY DURING AN INCIDENT
The Lead Agency may change during an asbestos incident as it passes through different phases of
incident management, and statutory responsibilities shift. A proposal to change the Lead Agency can be
made by any agency during an incident, but should only occur once both the current and new lead
agencies have agreed to it. The Lead Agency may change more than once during an incident, but it is
best to avoid short-term changes if possible.
The following criteria around the current and next stage of response should guide decisions on whether
to change the Lead Agency:
1. The change in Lead Agency will maintain or increase the achievement of the purpose of the
   Protocol; and
2. The current Lead Agency is unlikely to meet the criteria to become Lead Agency again during the
   incident; and
3. One of the following situations applies:
     a.   The Lead Agency no longer has any statutory responsibilities in relation to the incident.
     b.   The Lead Agency has some statutory responsibilities in relation to the incident, but these are
          considered to be minor in comparison to the statutory responsibilities of another agency.

12
c.   The primary expertise required to manage the incident is within a different agency than the
          Lead Agency.
The process for changing the Lead Agency is as follows:
     1. The person leading the Lead Agency’s response consults with the person who would lead the
        other agency’s response.
     2. Once agreement on the shift occurs, the current Lead Agency briefs the new Lead Agency, both
        verbally and in writing, by completing a handover report (see Appendix 6: Handover Form—
        change of Lead Agency).
The timing of the handover should be managed to ensure it does not disturb response operations and
does not compromise the safety of workers or the public.
The handover should include a written handover report (Appendix 6) and a verbal briefing from the
current Lead Agency to the new Lead Agency. In an emergency management situation, a situation
report can be used instead of a handover report.

COMMUNITY LIAISON AND COMMUNICATIONS
Because asbestos incidents can cause high levels of fear and concern about the risks and effects of
exposure, it is important to gauge levels of community concern in addition to assessing actual health
risk. For example, it may be useful to engage with the immediate neighbours around a significant
asbestos incident as early as possible, whether or not their properties have been identified as
contaminated by asbestos. Appropriate channels for communicating with the affected parties may
include flier and brochure distribution, door knocking, social media, media, and website updates. If
possible, the Lead Agency should accommodate and support a community’s own response to an
incident, including any response from community agencies and groups.
The Lead Agency will follow its own communication processes and policies when communicating with the
public, which may include collaboration with [regional PHU name], whose primary roles include
communications around health risks to the public, and assisting other agencies to communicate
effectively with the public about health risks.
Effective communication will:
     •    ease public concern (e.g. advise that non-occupational risk is very low).
     •    be sensitive and empathetic (e.g. acknowledge fear and alarm).
     •    give guidance on how to respond (e.g. how to minimise exposure to asbestos, especially for
          workers, DIY, or risk of exposure to children).
     •    give guidance on where to get more information (e.g. websites, brochures).
     •    give accurate information about follow up action - what will happen and who will do it.
 In some circumstances, it may also be appropriate for public communication to educate employers and
workers about the risks of occupational exposure to asbestos, or to give guidance on employer
responsibilities and restricted asbestos work.
The Lead Agency should provide copies of any written public communication to the other agencies
involved in the incident so that the other agencies can publish the material as appropriate (e.g. on their
own websites). This provides consistent information to the public, regardless of which agency the public
contacts.

MEDIA ENQUIRIES AND STATEMENTS
Media enquiries should be directed to the Lead Agency. Agencies other than the Lead Agency are
discouraged from issuing media statements, except as agreed with the Lead Agency.
Joint release or peer review of media statements is preferred where there are joint or overlapping
responsibilities between agencies (e.g. both worker and public health issues). Joint media statements
provide consistency of information and provide visibility of a coordinated response from multiple
agencies which may contribute to increased public confidence.
The Lead Agency should provide copies of any media statements to the other agencies involved in an
incident so the other agencies can publish the statements as appropriate (e.g. on their website). This
provides consistent information regardless of which agency the public sources the information through.

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4. MANAGEMENT AND REVIEW OF THE PROTOCOL

THE ROLE OF WORKSAFE
As a signatory to the Protocol, WorkSafe will carry out its statutory functions as New Zealand’s
workplace health and safety regulator under the Health and Safety at Work Act 2015.
WorkSafe is also responsible for management of the Protocol—a function reflecting WorkSafe’s
leadership role in health and safety under the WorkSafe New Zealand Act 2013. WorkSafe’s statutory
functions include collaborating and establishing partnerships with other agencies and co-ordinating
information sharing to contribute to workplace health and safety.
Exposure to asbestos is the biggest cause of work-related disease mortality in New Zealand4. The
Working Safer Blueprint5 calls on government agencies to work more closely together to improve
workplace health and safety. As part of this, the Board of WorkSafe has asked WorkSafe to encourage a
more co-ordinated cross-agency approach to managing the risks from asbestos. This Protocol is part of
that programme of work.
Note that Protocol covers non-occupational health issues in relation to asbestos as well; those issues are
covered by the inclusion of Toi Te Ora Public Health in the Protocol.

REVIEW OF THE PROTOCOL
The Protocol will be reviewed every two years by WorkSafe in consultation and agreement with the
signatories. An earlier review can be request by any of the agencies.
The review process will:
     •   identify any changes required to increase the effectiveness of the Protocol
     •   identify any changes required to align it with statutory or regulatory requirements of any/all
         agencies
     •   ensure contact information in the Protocol is up to date
     •   add or remove signatories to the Protocol
     •   confirm the date of the next review.
The Protocol will expire upon agreement by the signatory agencies during a review process.

4For more information see MBIE’s 2013 report: Work Related Disease in New Zealand
5Working Safer: A blueprint for health and safety at work, 2013 (the government response to the recommendations
of the Independent Taskforce on Workplace Health and Safety, 2012).

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5. APPENDICES
Appendix 1: Agency Jurisdictions
Appendix 2: Asbestos Liaison Protocol Process and roles
Appendix 3: Identifying a Lead Agency decision “tree”
Appendix 4: Contact information for all agencies
Appendix 5: Information Form—incoming enquiry or incident
Appendix 6: Handover Form—change of Lead Agency
Appendix 7: Asbestos information to share with public
Appendix 8: Data collection and evaluation
APPENDIX 1: AGENCY JURISDICTIONS
APPENDIX 2: ASBESTOS LIAISON PROTOCOL PROCESS AND
ROLES
APPENDIX 3: IDENTIFYING A LEAD AGENCY DECISION “TREE”
APPENDIX 4: CONTACT INFORMATION FOR ALL AGENCIES
Agency          Contact information to be        Contact information for           Agency media
                given to Public                  other agencies to contact         enquiries contact
                (agency + position title +       your agency                       (name + phone no)
                contact number)                  (name + phone no)

WorkSafe        0800 030 040 (24 hours)          Karen Davidson                    WorkSafe Media Phone
                (including accident or serious
                                                 General Inspectorate Manager      021 823 007
                harm notification)
                                                 Tauranga                          media@worksafe.govt.nz
                www.worksafe.govt.nz (for
                following online links):         Phone: 07 927 0323
                •   Notify WorkSafe              Mob: 027 454 7857
                •   Raise a health and safety    Email:
                    concern                      Karen.davidson@worksafe.gov
                                                 t.nz
                •   Contact us
                info@worksafe.govt.nz
                (general enquiries)              On Call Inspector (after hours)
                                                 0508 927 033

Bay of Plenty   Website:                         Phone: 0800 884 880 and ask       Phone: 0800 884 880
Regional        https://www.boprc.govt.nz/       for Regulatory Compliance         and ask for a member
Council                                                                            of the communications
                Phone: 0800 884 880 and ask
                                                                                   team
                for Regulatory Compliance

Thames          Customer.services@tcdc.govt.     Paku Edwards                      Michael Dobie
Coromandel      nz
                                                 Risk & Assurance Manager          Communications and
District
                07 868 0200 (24 hours)                                             Marketing Officer
Council                                          Phone: 07 868 0373
                http://www.tcdc.govt.nz                                            Mobile: 027 801 2252
                                                 Email:
                                                 paku.edwards@tcdc.govt.nz         Email:
                                                                                   Michael.dobie@tcdc.gov
                                                                                   t.nz
                                                                                   Desk: 07 868 0200

Whakatane       https://www.whakatane.govt.      Sandy Barnes                      Alex Pickles
District        nz/
                                                 Snr Health, Safety & Wellbeing    Communications &
Council
                07 306 0500                      Advisor                           Engagement Manager
                                                 07 306 0598                       07 306 0500
                                                 027 206 8425

Toi Te Ora,     Main public number, includes     Stephen Layne, Health             Debbie Phillips
Public Health   after hours contact              Protection Team Leader
                                                                                   07 577 3793
                0800 221 555                     07 577 3796 021 791 394
                                                                                   Liz Thomas
                                                 Stephen.layne@bopdhb.govt.n
                                                                                   07 3060726
                                                 z
Fire and       https://fireandemergency.nz/     Area Commander                  evacmanageregion2@fir
Emergency                                                                       eandemergency.nz
                                                07 5787009 Office Hours
New Zealand
                                                111 For emergencies
                                                evacmanageregion2@fireande
                                                mergency.nz

Tauranga       www.Tauranga.govt.nz             Manager: Health, Safety and     Manager:
City Council                                    Wellbeing                       Communications
               Manager: Health, Safety and
               Wellbeing                        Ph: 07 5777000                  Ph: 07 5777000
               Ph: 07 5777000

               Western Bay of Plenty District   1st contact: Vijay Patel,       Luke Balvert, Senior
Western Bay
               Council, 1484 Cameron Road,      Environmental Health Officer.   Communications
of Plenty
               Greerton, Tauranga               Tel. 07 571 8008                Specialist
District
Council                                                                         Tel. 571 8008
               Phone: 07 571 8008 or 0800       2nd contact: Alison Curtis,
               926 732                          Compliance and Monitoring
                                                Manager
                                                Tel. 571 8008
               Email:
               customerservices@westernbay
               .govt.nz

20
APPENDIX 5: INFORMATION FORM—INCOMING ENQUIRY OR
INCIDENT
Note: this form must be attached to the Change of Agency form when changing Lead Agency.

 Asbestos Liaison protocol: information on incoming enquiry or incident

 Receiving agency

 Person receiving call and their role

 Date and time of
 enquiry or incident

 Person reporting incident
 (name, address, cell phone):

 Has enquirer contacted other agencies?
 (if so, who and when)

 Was enquirer referred to you by another
                                               € No    € Yes (agency):
 agency?

 Is this a general request for
                                               € No    € Yes (information sought):
 information?

 To which website did you refer enquirer
 for information?

 Where is the incident or concern occurring?

 €   Residence/building (with no paid workers/”DIY”)               location/address:

 €   workplace (residence or building with paid workers)
 €   derelict building
 €   outdoor area (e.g. coast, stream, park)
 €   school
 €   other:
     ____________________________________

 What is the concern (more than one may apply)?

 €   construction                          €    unsafe practice                 €      testing

 €   demolition                            €    transport of asbestos           €      general health and safety

 €   renovation                            €    contamination of land           €      public health and safety

 €   disposal or landfill practice         €    contamination of water          €      burning of asbestos

 Other/further details:

 Your agency’s action

 €   Investigation to determine Lead Agency           Details:

 €   Lead Agency

 €   Referral to another agency

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APPENDIX 6: HANDOVER FORM—CHANGE OF LEAD AGENCY
Note: the initial Information Form for incoming enquiry or incident should be attached to this form.

 Asbestos Liaison Protocol: CHANGE OF LEAD AGENCY

 Current agency

 Report prepared by                 [name, role]

 Contact information

 Signature

 New Lead Agency

 Person handed over to

 Date of referral to new agency

 Handover effective from

 Other agencies cc’d into form

 Incident location                  [from information form]

 Type of incident                   [from Information form]

 Incident summary to
 date, including key
 dates:

 Actions carried out so
 far and by whom:

 Anticipated incident       [how situation is anticipated to evolve; next steps]
 progression:

 Limiting factors and       [anything likely to impact on the response – weather, resourcing,
 critical issues:           uncooperative site owner, testing delays]

22
APPENDIX 7: ASBESTOS INFORMATION TO SHARE WITH PUBLIC
Brochures/information sheets
 Title                       Intended               Published by   Web address
                             audience
 All About Asbestos:         residential/DIY/       Ministry of    https://www.health.govt.nz/system/files/
 Protecting your health at   public health / non-   Health         documents/publications/all-about-
 home                        occupational                          asbestos-protecting-your-health-at-
 [10-page brochure]                                                home-jun18.pdf
 Removing Asbestos from      residential/DIY/       Ministry of    https://www.health.govt.nz/system/files/
 the Home                    public health / non-   Health         documents/publications/removing-
 [11-page brochure]          occupational                          asbestos-from-your-home-jan-2020.pdf
 What is Asbestos and        industry/              WorkSafe       https://www.youtube.com/watch?v=vKkT
 why it is dangerous to      occupational/                         XyXpFRQ
 your health                 duty-holders
 [video]
 Asbestos Quick Guides       industry/              WorkSafe       https://worksafe.govt.nz/topic-and-
 for Tradespeople            occupational                          industry/asbestos/working-with-
                             duty-holders                          asbestos/asbestos-quick-guides-for-
                                                                   tradespeople/

 Asbestos: A guide for       schools (staff,        Ministry of    http://www.rph.org.nz/content/4af63279
 schools and early           parents, Boards of     Health         -13d0-4182-aa1e-d649a7fb5099.cmr
 childhood education         Trustees)
 services
 [4-page brochure]

Websites
 Site                        Intended               Published by   Web address
                             audience
 Asbestos Information        residential/DIY/       Ministry of    https://www.health.govt.nz/your-
 from Ministry of Health     public health / non-   Health         health/healthy-living/environmental-
                             occupational                          health/hazardous-substances/asbestos
 Asbestos Information        industry/              WorkSafe       https://worksafe.govt.nz/topic-and-
 from WorkSafe               occupational                          industry/asbestos/
                             duty-holders home-
                             owners paying
                             workers

Industry guidance documents
 Title                       Intended               Published by   Web address
                             audience
 Management and              industry/              WorkSafe       http://www.worksafe.govt.nz/worksafe/in
 Removal of Asbestos –       occupational/                         formation-guidance/all-guidance-
 Approved Code of            licensed asbestos                     items/asbestos-management-and-
 Practice                    removers                              removal-of-asbestos-approved-code-of-
                                                                   practice
 Good practice guidelines    industry/              WorkSafe       https://worksafe.govt.nz/topic-and-
 – Conducting Asbestos       occupational/                         industry/asbestos/working-with-
 Surveys                     licensed asbestos                     asbestos/conducting-asbestos-surveys/
                             removers
 Asbestos Removal            industry/              WorkSafe       https://worksafe.govt.nz/topic-and-
 Licensing Overview          occupational/                         industry/asbestos/licensing/overview/
                             licensed asbestos
                             removers
 New Zealand Guidelines      industry/              BRANZ          https://www.branz.co.nz/cms_show_dow
 for Assessing &             occupational/                         nload.php?id=6005c4222bf1b018e9c966f
 Managing Asbestos in        licensed asbestos                     acb1c99c4120c31e0
 Soil, 2017                  removers,
                             assessors/ Public/
                             government/

23
Government guidance, research
 Title                        Intended              Published       Web address
                              audience              by
 The Management of            Regional Public       Ministry of     http://www.health.govt.nz/publication/m
 Asbestos in the Non-         Health Units/other    Health          anagement-asbestos-non-occupational-
 occupational                 government                            environment
 Environment, Guidelines      agencies
 for Public Health Units,
 Asbestos exposure in         Public/ government/   Office of the   https://www.royalsociety.org.nz/assets/d
 New Zealand: Review of       home-owners           Prime           ocuments/Asbestos-exposure-in-New-
 the scientific evidence of                         Minister’s      Zealand-April-2015.pdf
 non-occupational risks.                            Chief Science
                                                    Advisor
                                                    Royal Society
                                                    of New
                                                    Zealand
 Asbestos and Other           Public/ government/   WorkSafe        http://www.business.govt.nz/worksafe/in
 Occupational Lung            industry                              formation-guidance/all-guidance-
 Diseases in New Zealand                                            items/asbestos-registers-national-annual-
 – Annual Reports                                                   reports

General information for communicating with the public

What is asbestos?
Asbestos is a naturally occurring mineral that was a popular component of many building materials used
in the construction or refurbishment of homes and buildings in New Zealand, particularly between 1940
and 1990. Because asbestos is fire, heat, chemical, and noise resistant, as well as providing added
strength to otherwise brittle materials (such as cement) it was widely used. In some instances it was
used earlier than 1940, and it may also be found in more recent products.

Asbestos risks
Asbestos creates a serious health risk when it is disturbed or broken up and fibres are released into the
air and then breathed in as fine fibres. Asbestos left undisturbed, in good condition, or sealed is
relatively safe – but if it is easily crumbled, broken down, or damaged, or if it is drilled, sanded or
broken up it can be harmful and needs specialist attention. Short-term high exposure can sometimes
happen during home renovation or maintenance involving materials which contain asbestos.
The risks from non-occupational exposure to asbestos are low. Asbestos-related diseases generally
occur in workers who have had heavy exposure over extended periods of time. Asbestos-related
diseases usually take 20 years or more before symptoms appear. By this time it is too late to prevent
the disease from occurring. It is always best to avoid exposure as much as reasonably possible.
All types of asbestos fibres are known to cause serious health hazards in humans. There are a number
of diseases that can be related to breathing in asbestos fibres, including asbestosis (scarring of lung
tissues), mesothelioma (malignant cancers developing around the linings of either the chest or the
abdominal cavities), lung cancer, and pleural plaques (thickening of membranes around the lungs which
may or may not lead to further disease, and leading to varying degrees of debilitation).

Identifying asbestos
Airborne asbestos fibres are too small to be seen, nor can one identify by eye whether or not asbestos is
present in suspect materials, because it is often mixed with other substances. One can, however, note
whether or not the suspect material is crumbling or decaying in a manner and to an extent that could
release fibres into the air.
The only way to be certain if a material contains asbestos is to have a sample of the material tested in
an approved analytical laboratory. Information about sampling and testing is available from Regional
Public Health Units.

24
APPENDIX 8: DATA COLLECTION AND EVALUATION
Agencies are encouraged to collect the information below as a minimum. This information correlates
directly with Appendix 5: Information Form—incoming enquiry or incident.

Data collection:

     •   number of enquiries received

     •   number handled by your own agency

     •   number referred to other agency

     •   whether or not enquirer has contacted other agencies (section 1 of form)

     •   number received by your agency on referral from other Protocol agencies

     •   what category of incident feedback/complaints from public (sections 2 and 3 of form)

     •   to which website you directed enquirers
Further development of the Protocol will be based on evaluating the following:

     •   data above

     •   feedback from other agencies

     •   number of cases being handled by each agency

     •   number of asbestos issues/complaints reaching media

     •   coherence of government response

     •   feedback from public

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