How can laws and the Health and Professional better balance commercial pressures and risk?

Assignment Brief

Laws7024

Topic to be discussed

Asbestos and importing products from overseas: How can laws and the Health and Professional better balance commercial pressures and risk? (this is an analysis of law and Australian Law in particular)

Structure of assignment

• Abstract
  • Summary of paper
• Introduction
  • talk about the ban of asbestos
  • the history and significance of the ban
  • why was it banned in australia
  • talk about the ban in australia
  • later on the ban of importation of the product in australia
  • what products are coming through that contain asbestos- construction materials
  • How is it still being imported (asbestos interim report that was in the brief as an attachment)
  • talk about legislation of laws in australia

Case Study

• What is happening in terms of importation of asbestos
• What are the risks of importation of asbestos
• Legal aspects - cases of importation, what was done
• Precedent world cases pref- UK, or US(as in Australia no one has been prosecuted for the importation of asbestos) - to discuss what was implemented to monitor the importation of asbestos in legislations wise
• How was the introduction of laws to monitor the importation helped and the responsibilities of ohs officers 

Laws:

• What can be added to better monitor the importation of asbestos into Australia
• What can safety proffestionals do to help combat this

Sample Answer

Asbestos and Importing Products from Overseas: Balancing Commercial Pressures and Risk in Australian Law

Abstract

Asbestos is a well-documented hazardous substance that has been comprehensively banned in Australia. Despite this, asbestos-containing products continue to be imported, especially within construction materials sourced from overseas. This paper critically examines how Australian laws, regulations, and the roles of occupational health and safety (OHS) professionals can better address the commercial and public health risks posed by these imports. Drawing upon legal frameworks, case studies, and comparative international precedents, the paper assesses current enforcement gaps and proposes legal reforms and professional practices that can enhance compliance and accountability.

Introduction

Asbestos, once widely used in construction for its fire-resistant and insulating properties, is now globally recognised as a significant health hazard, responsible for diseases such as mesothelioma, asbestosis, and lung cancer. Australia was among the first countries to introduce stringent asbestos controls, culminating in a total ban on its manufacture, use, and importation by December 2003. The significance of this ban cannot be overstated, given Australia’s historically high rates of asbestos-related diseases, largely due to extensive asbestos mining and usage throughout the 20th century.

The ban extends not only to local production and use but also to the importation of asbestos-containing products. However, recent reports, including the Asbestos Importation Review Interim Report, have highlighted continued illegal importation of asbestos-laden construction materials. These products often evade detection due to complex supply chains and insufficient border screening measures.

Legal Framework: Australian Legislation on Asbestos

Australia’s key legislative tools for asbestos control include the Work Health and Safety Act 2011, Customs (Prohibited Imports) Regulations 1956, and various State and Territory OHS laws. The Australian Border Force (ABF) plays a critical role in preventing asbestos importation, with importers required to certify their goods as asbestos-free. The Asbestos Safety and Eradication Agency (ASEA) coordinates national efforts to monitor asbestos risks.

Despite these measures, enforcement challenges persist. Legal loopholes, reliance on self-declaration by importers, and limited penalties for breaches create enforcement gaps. Notably, no company or individual has yet been criminally prosecuted for asbestos importation, although products have been seized and destroyed.

Case Study: Importation Risks and Legal Aspects

Recent Importation Events: Multiple incidents have occurred involving imported materials from China and other countries, particularly roofing sheets, gaskets, and cement products testing positive for asbestos. The Interim Report cited a lack of proactive enforcement and inadequate importer due diligence.

Legal Case Example – Australia: While no domestic legal precedent involves prosecution, administrative actions (e.g., product recalls, stop-import orders) have been issued. However, these are reactive rather than preventative.

International Precedents:

• UK: Under the Control of Asbestos Regulations 2012, the UK imposes criminal liability for illegal asbestos imports, with active inspections and severe penalties. The Health and Safety Executive (HSE) regularly issues publicised enforcement actions.

• US: The Asbestos Hazard Emergency Response Act (AHERA) empowers the Environmental Protection Agency (EPA) to regulate asbestos use and impose penalties, with clear chain-of-custody regulations for imports.

These examples illustrate how stricter monitoring and liability enforcement reduce import risks and raise industry compliance standards.

Continued...