Chapter 8: WHS Asbestos Regulations

Regulatory citation: Model Work Health and Safety Regulations, Chapter 8 (Asbestos)

What Do the WHS Asbestos Regulations Require?

Chapter 8 of the model Work Health and Safety Regulations sets out how asbestos must be managed and removed in workplaces. It prohibits work involving asbestos except in limited circumstances, requires workplaces to identify and record asbestos, and sets licensing rules for asbestos removal.

Why Asbestos Rules Matter

Australia banned the use and import of all forms of asbestos from 31 December 2003, but asbestos remains in many older buildings and structures. Breathing in asbestos fibers can cause mesothelioma, lung cancer and asbestosis, often decades after exposure, so strict controls are essential.

Core Obligations

1. Prohibition on Asbestos Work

Work involving asbestos or asbestos-containing material is prohibited, except in specific circumstances such as removal, research, sampling, analysis, and genuine maintenance or management of in-situ asbestos.

2. Exposure Standard

PCBUs must ensure that the exposure standard for asbestos, 0.1 fibers per milliliter of air measured as an eight-hour time-weighted average, is not exceeded, and must eliminate or minimize exposure to airborne asbestos.

3. Asbestos Register (Regulation 425)

The person with management or control of a workplace must ensure an asbestos register is prepared and kept at the workplace. It must record asbestos identified or assumed to be present, including the date identified and its location, type and condition. A register is not required for a building constructed after 31 December 2003 where no asbestos has been identified and none is likely to be present.

4. Asbestos Management Plan (Regulation 429)

Where asbestos has been identified or is likely to be present, the person with management or control must prepare an asbestos management plan. It must identify where the asbestos is, record decisions and reasons for decisions about managing it, set out procedures for incidents and emergencies, and name the people responsible. The plan must be reviewed at least every five years and whenever controls change or asbestos work is carried out.

5. Licensed Removal

A Class A licence is required to remove friable asbestos. A Class B licence is required to remove more than 10 square meters of non-friable asbestos. Licensed removalists must notify the regulator before starting licensed removal work.

6. Training and Health Monitoring

Workers who may be exposed to asbestos must receive asbestos awareness training, and workers carrying out licensed removal work or other ongoing asbestos work must have health monitoring.

Common Compliance Approaches

Asbestos Surveys

Use a competent person to inspect older buildings and identify asbestos, including sampling where needed, before preparing the register.

Check the Register Before Any Work

Require contractors and maintenance workers to check the asbestos register before drilling, cutting or demolishing anything in an older building.

Label and Monitor Asbestos in Place

Label known asbestos where reasonably practicable, inspect its condition regularly and plan removal of damaged or deteriorating materials.

Example: Asbestos Management in Practice

A school built in 1975 has an asbestos register showing bonded asbestos sheeting in several classroom eaves. Before electricians install new lighting, the facilities manager checks the register, adjusts the cable route to avoid the sheeting, and briefs the electricians. When a storm later damages one eave, the area is fenced off and a licensed removalist removes the damaged sheets. The register and management plan are then updated.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Most states and territories have adopted them with minor variations, while Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Does my workplace need an asbestos register?

Under the model WHS Regulations, most workplaces need an asbestos register. The main exception is a building constructed after 31 December 2003 where no asbestos has been identified and none is likely to be present.

When is a licence needed to remove asbestos?

A Class A licence is needed to remove any amount of friable asbestos. A Class B licence is needed to remove more than 10 square meters of non-friable, or bonded, asbestos. Smaller amounts of non-friable asbestos can be removed without a licence, but the work must still be done safely and in line with the regulations.

How often must an asbestos management plan be reviewed?

The plan must be reviewed at least every five years, and also when asbestos work is carried out, when control measures change, or when an HSR requests a review.