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 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, 1546 KB) (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.
See the Risk Management Advisory Standard 2000 (now known as a Code of Practice) for further information.
Specific regulations for asbestos
The main requirements relating to asbestos in the Workplace Health and Safety Regulation 2008 are grouped into four 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 is 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, townhouses and unit blocks.
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.
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