WHS demolition work (Model WHS Regulations Part 4.6) explained: what demolition work is, 5-day notice to the regulator, licences, asbestos checks and SWMS.
Regulatory citation: Model Work Health and Safety Regulations, Chapter 4, Part 4.6 (Demolition work), Regulation 142, with the definition of demolition work in Regulation 5
Part 4.6 of the model WHS Regulations deals with demolition work. Regulation 142 requires notice to the regulator before certain demolition work starts. Demolition is also construction work, so the construction rules in Chapter 6, and the asbestos rules for demolition in Part 8.6, apply as well.
Regulation 5 defines demolition work as work to demolish or dismantle a structure, or part of a structure that is loadbearing or otherwise related to the physical integrity of the structure. It does not include dismantling formwork, falsework or other structures designed or used to provide support, access or containment during construction work, or removing power, light or telecommunication poles.
Demolition can cause unplanned collapse, falls between levels and falling debris. It may also disturb asbestos or involve explosives. Advance notice tells the regulator when higher-risk demolition is happening.
Work counts as demolition when it involves demolishing or dismantling a structure, or a part of it that is loadbearing or related to its physical integrity. Safe Work Australia gives examples of structures such as buildings, sheds, towers, chimney stacks, silos and storage tanks. Removing non-structural fit-out may not be demolition work, but it is still construction work.
A PCBU who proposes to carry out notifiable demolition work must give written notice to the regulator at least 5 days before the work starts. Notifiable demolition work is the demolition of a structure, or part of a structure that is loadbearing or related to its physical integrity, that is at least 6 metres in height; demolition work involving load shifting machinery on a suspended floor; and demolition work involving explosives.
Where an emergency service organisation directs workers to carry out notifiable demolition work to rescue a person or give first aid, the organisation must give written notice to the regulator. The model code of practice says this is due as soon as reasonably practicable before or during the work, or after the work if that is not reasonably practicable.
Safe Work Australia notes that demolition work needs specific skills, training and a licence. Licensing arrangements differ between jurisdictions, so check with your WHS or building regulator whether a demolition licence is needed. Separate licences may be needed for asbestos removal, crane operation and explosives.
The PCBU carrying out demolition must obtain a copy of the asbestos register from the person with management or control of the workplace. If there is no register, a competent person must inspect the structure first. Asbestos likely to be disturbed must be identified and, so far as is reasonably practicable, removed before demolition starts. Additional rules apply to domestic premises, including telling the owner and occupier if asbestos is found or presumed.
Demolition of an element of a structure that is loadbearing or related to its physical integrity is high risk construction work. So is work involving explosives, structural alterations that need temporary support to prevent collapse, disturbing asbestos, or a risk of a person falling more than 2 metres. A safe work method statement must be prepared before that work starts.
The PCBU must manage risks using the hierarchy of control. The model code of practice recommends an engineering investigation by a competent person, such as a structural engineer, where drawings are unavailable, the structure is damaged, or plant will be used on suspended floors, and exclusion zones wherever falling objects could land.
Prepare a written demolition plan covering the sequence, structural stability, plant, exclusion zones and services disconnection, and share it with subcontractors.
Obtain the asbestos register and confirm services are disconnected.
At the planning stage, check the height, explosives and suspended floor triggers so the 5-day notice is not missed.
A contractor is engaged to demolish a disused four-storey concrete warehouse using an excavator on the upper floors. Because the structure is over 6 metres high and plant will work on suspended floors, the contractor sends written notice to the regulator 8 days before work begins. The client provides the asbestos register, and a licensed removalist removes asbestos cement sheeting first. A structural engineer checks the floors can carry the excavator, and the contractor prepares a SWMS and sets up exclusion zones.
Related regulations: WHS asbestos regulations, WHS SWMS requirements, WHS principal contractor duties.
Note: This summary is based on the model WHS laws published by Safe Work Australia. The model laws only have legal effect once a jurisdiction adopts them. Most states and territories have adopted them with some variations, which can include different wording or regulation numbers, while Victoria has not adopted the model WHS laws and has its own OHS laws. Amendments to the model laws apply only once a jurisdiction adopts them. Always check the legislation and codes of practice that apply in your jurisdiction.
Notice is required for demolition of a structure, or loadbearing or integrity-related part of one, at least 6 metres high, demolition involving load shifting machinery on a suspended floor, and demolition involving explosives.
At least 5 days before the notifiable demolition work starts, in writing. Emergency service organisations directing emergency demolition follow a separate notice rule.
Not under the regulation 5 definition, which covers loadbearing or integrity-related parts of a structure. It is still construction work, and the general duties and asbestos rules apply.
This guide is for general information only and is not legal advice. Always check the current text of the regulation with the relevant regulator.
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