• What law applies
• What is asbestos and where is it found
  • What is asbestos?
  • Types of asbestos
• Identification and management of asbestos
  • Asbestos management plans
• Asbestos removal
  • Requirements for the removal of ACM
• Safe work practices when maintaining asbestos
• Information for householders and renovators

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What law applies

Queensland's workplace health and safety legislation provides a framework for the regulation of asbestos-related risk in work environments. The legislation places legal obligations on certain people and details requirements that must be complied with.

General health and safety obligations
What you must do
Specific obligations to identify and manage asbestos
Specific regulations for asbestos

General health and safety obligations

To discharge your workplace health and safety obligations with regard to asbestos you must comply with the:

• Workplace Health and Safety Act 1995 (PDF, 766 kB) which imposes obligations on people at workplaces to ensure workplace health and safety.

The Workplace Health and Safety Act 1995 establishes mandatory requirements for controlling asbestos hazards through the:

• Workplace Health and Safety Regulation 2008
• National Code of Practice for the Management and Control of Asbestos in Workplaces (PDF, 805 kB) (asbestos management code)
• National Code of Practice for the Safe Removal of Asbestos 2nd Edition (PDF, 1.5 MB) (asbestos removal code).

Every Queensland employer must have workers’ compensation insurance. Most employers insure with WorkCover Queensland, while a small number of large organisations have their own insurance. This insurance coverage ensures that employees injured at work receive financial support.

What you must do

If the Workplace Health and Safety Regulation 2008 describes how to prevent or minimise an asbestos-related risk at your workplace you must do what the regulation says.

Part 13 of the Workplace Health and Safety Regulation 2008 refers to the national asbestos management code and the asbestos removal code. These codes are given legal standing in Queensland's workplace health and safety framework.

The practices, procedures and requirements set out in the national asbestos management code and the asbestos removal code must be complied with in the same manner as a regulation.

If there is no regulation or code of practice about a risk at your workplace you must choose an appropriate way to manage exposure to the risk. Obligation holders must, where there is no regulation or code of practice about a risk, take reasonable precautions and exercise proper diligence to manage the risk.

More information on managing risks is available in the How to Manage Work Health and Safety Risks Code of Practice 2011

Specific obligations to identify and manage asbestos

Under Part 13, Division 3, of the Workplace Health and Safety Regulation 2008 owners of certain buildings and structures that are workplaces must comply with the requirements of the asbestos management code.

Under the Workplace Health and Safety Act 1995, owner is defined to include:

• a person who holds legal title
• a person who has control of a thing, structure or place
• a person who manages a structure or place as agent for the person holds title or the person who has control
• a mortgagee in possession
• a lessee
• a trustee
• a receiver, liquidator or company administrator.

Under Part 7 of the asbestos management code (non-Queensland Government link) owners of workplaces have obligations to:

• develop, implement and maintain an asbestos management plan
• investigate the premises for the presence or possible presence of asbestos-containing materials (ACM)
• assess the condition of any ACM that are found and the associated asbestos risks
• develop measures to remove the ACM or otherwise to minimise the risks and prevent exposure to asbestos
• ensure the control measures are implemented as soon as possible and are maintained as long as the ACM remain in the workplace.

Under Part 7 of the asbestos management code (non-Queensland Government link) owners are also required to:

• consult with people at the workplace who may be affected by the presence of ACM, e.g. employers, workers, contractors and occupants
• provide information and training for workers, contractors and other people who may come into contact with ACM. The training may include procedures to be followed to prevent exposure, the types and locations of asbestos and the health risks of asbestos.

Specific regulations for asbestos

The main requirements relating to asbestos in the Workplace Health and Safety Regulation 2008 are grouped into three divisions as follows:

1. Part 13, Division 2 prohibits the following:

• the use of prohibited substances and prohibited asbestos-containing material (ACM) except for purposes outlined in schedule 9
• work on ACM unless it complies with the asbestos management code
• cleaning ACM with power tools or power appliances, high-pressure water processes, compressed air or abrasive blasting.

2. Part 13, Division 3 requires owners of certain structures to comply with the asbestos management code. This division applies to:

• A building used as a workplace if it was built under an approval given by a local government before 1 January 1990, or
• Non-building structures where there is ACM fixed or installed in the structure (e.g. fixed plant).

Part 13, Division 3 does not apply to structures used for domestic residential purposes (e.g. houses, town houses and unit blocks).

Note: From 1 September 2010, the asbestos regulations will also apply to all buildings used as a workplace that were not subject to local government approval which will ensure that all pre-1990 workplace buildings are captured.

3. Part 13, Division 4 requires that ACM must be removed in accordance with the asbestos removal code.

4. Part 4 requires a person who conducts a business or undertaking (e.g. an employer or self-employed person) to hold a certificate to perform work to remove friable ACM. These certificates are held by the business and are also referred to as an A class certificate. The holder of an A class certificate has the authority to remove friable ACM and bonded ACM. Removal of friable ACM must be directly supervised by the A class certificate holder's competent person.

5. Part 5 outlines the authority required to remove 10m2 or more of bonded ACM. This includes holding a bonded asbestos removal certificate. These certificates are held by individuals who are directly involved in the removal of bonded ACM and are referred to as B class certificates. These certificates do not authorise the removal of friable ACM. Workers who are directly involved in the removal of 10m2 or more of bonded ACM do not require a B class certificate if they are directly supervised by the A class certificate holder's competent person.