Work Health and Safety (How to Manage and Control Asbestos in the Workplace) Code of Practice 2015

The Work Health and Safety (How to Manage and Control Asbestos in the Workplace) Code of Practice 2015 is an approved code of practice made under the Work Health and Safety Act 2011. It gives practical guidance on how to manage risks associated with asbestos and asbestos-containing material, or ACM, at a workplace.

The Code explains that approved codes are practical guides to achieving the standards required under the WHS Act and the WHS Regulations. In most cases, following an approved code would achieve compliance for the subject matter it covers. Courts may treat a code as evidence of what is known about a hazard, risk or control, and inspectors may refer to it when issuing improvement or prohibition notices.

The Code also makes two important points for businesses. First, it is a model code developed for adoption by the Commonwealth, states and territories, so you should confirm the version and status that applies in your jurisdiction. Second, it does not cover every possible legal requirement. Other laws may apply as well, including environmental protection, public health, building and construction, customs and local government regulation.

The Code applies to anyone who has a duty of care in the circumstances it describes. The main duty holder is the person conducting a business or undertaking, or PCBU. The Code says PCBUs must ensure, so far as is reasonably practicable, that workers and other persons are not put at risk from work carried out as part of the business or undertaking.

It is especially relevant to PCBUs with management or control of a workplace. That can include owners, landlords, tenants, property managers and agents, depending on who has day to day management and who has power to make decisions about the structure and use of the workplace. The Code recognises that more than one person may have management or control at the same workplace, so overlapping duty holders need to consult, cooperate and coordinate.

The Code also separately addresses PCBUs carrying out demolition or refurbishment work. Those businesses have their own obligations to obtain the asbestos register, inspect if no register is available or assume asbestos is present, and communicate findings to the relevant occupier, owner or person with management or control.

Some parts of the Code also apply when domestic premises become a workplace. That means businesses should not assume a home-based site is outside the asbestos rules if work is being carried out there.

For many businesses, asbestos obligations are triggered by ordinary operational decisions rather than major redevelopment. The Code highlights several practical trigger points. One is uncertainty about whether asbestos or ACM is present. If there is doubt, the workplace controller may need to assume asbestos is present or arrange for a sample to be analysed.

Another major trigger is planned demolition or refurbishment. Before that work starts, the asbestos register must be reviewed and asbestos likely to be disturbed must be identified and removed so far as is reasonably practicable. The person carrying out the work must obtain the asbestos register before work commences. If no register is available, the structure or plant must be inspected by a competent person or asbestos must be assumed to be present.

Importing plant or materials is another trigger point. The Code notes that importation of asbestos or materials containing asbestos is generally prohibited and recommends a quality assurance system where goods are sourced from countries where asbestos is not yet prohibited.

Businesses should also pay attention when operating on land or sites where naturally occurring asbestos may be present, and when workers may be exposed during asbestos-related work, licensed removal work or other ongoing asbestos removal work.

The Code states that a PCBU must not carry out, direct or allow work involving asbestos if that work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM, except in prescribed circumstances. It also notes that the prohibition on supply includes sale. The final prohibition for asbestos in the workplace came into effect on 31 December 2003.

The Code then lists limited exceptions, including genuine research and analysis, sampling and identification in accordance with the WHS Regulations, certain maintenance or service work on non-friable asbestos fixed or installed before 31 December 2003, removal or disposal in accordance with the WHS Regulations, transport and disposal in accordance with jurisdictional legislation, demonstrations and training, display of artefacts, management of in-situ asbestos installed before 31 December 2003, some mining-related disturbance, laundering contaminated clothing in accordance with the WHS Regulations, and approved methods for managing asbestos risk.

The Code also explains that work involving asbestos-contaminated soil is not prohibited if a competent person has determined the soil does not contain visible ACM or friable asbestos. Management of naturally occurring asbestos that stays in its natural state is not prohibited if it is managed in accordance with an asbestos management plan.

Even where work is not prohibited, businesses still need to control risk. The Code says the ultimate goal is for workplaces to be free of asbestos, but where asbestos remains in place, exposure must be eliminated so far as is reasonably practicable, or otherwise minimised so far as is reasonably practicable.

Identifying asbestos or ACM is the first step in managing exposure risk. The Code says a person with management or control of a workplace must ensure asbestos or ACM at the workplace is identified by a competent person. If the person with management or control assumes asbestos is present, or has reasonable grounds to believe asbestos is not present, a competent person does not need to be engaged to make that decision.

The Code describes a competent person as someone who has acquired the knowledge and skills to carry out the task through training, qualification or experience. In practice, that means the person should be able to identify suspected asbestos, understand where it is likely to be found, distinguish friable from non-friable material and evaluate condition, risk and control measures.

Once asbestos or ACM is identified, or assumed to be present, the presence and location must be clearly indicated, by a label if reasonably practicable. The Code also stresses that risk management is not just about identification. Businesses need to assess the risk of exposure to airborne asbestos and then choose and review control measures.

The hierarchy of controls applies. The Code says businesses must consider eliminating the risk, for example by removal, then substitution, isolation or engineering controls such as enclosing, encapsulation or sealing, then administrative controls such as safe work practices, and finally PPE. A combination of controls may be needed.

The Code gives detailed attention to record keeping and planning. A PCBU with management or control of a workplace must ensure an asbestos register is prepared, maintained, reviewed and kept at the workplace. It must be readily available to workers, health and safety representatives and other persons who need access to it. When management or control of the workplace is handed over, a copy of the asbestos register must be given to the incoming person.

Where asbestos has been identified at the workplace, the PCBU must also ensure an asbestos management plan is prepared, maintained and reviewed. The plan must be accessible to workers, their health and safety representatives and other persons.

The Code also specifically addresses naturally occurring asbestos. Where naturally occurring asbestos is identified at the workplace or is likely to be present, the risks must be managed and a written asbestos management plan must be prepared, maintained and reviewed.

For businesses, these documents are not just paperwork. They are the core tools used to communicate asbestos risks to workers, contractors and anyone else who may be affected by the work or the condition of the site.

The Code says a PCBU must ensure, so far as is reasonably practicable, that exposure of a person at the workplace to airborne asbestos is eliminated. If that is not reasonably practicable, exposure must be minimised so far as is reasonably practicable. The exposure standard for asbestos must not be exceeded at the workplace.

Training is a clear operational requirement. Information, training and instruction provided to a worker must be suitable and adequate and provided in a way that is readily understandable. If a worker is carrying out asbestos-related work or may be involved in asbestos removal work, they must be trained in identification and safe handling of asbestos and ACM and in suitable control measures. Workers who carry out work where naturally occurring asbestos is likely to be found must also receive training on the hazards and risks associated with it.

Health monitoring is required in specified situations. The Code says a PCBU must ensure health monitoring is provided to a worker who is carrying out licensed removal work, other ongoing asbestos removal work or asbestos-related work and there is risk of exposure when carrying out that work. Health monitoring must be supervised by a registered medical practitioner, the required information must be provided to that practitioner, the PCBU must pay the expenses, obtain the report and keep records.

The Code also addresses air monitoring, decontamination facilities, asbestos waste handling, contaminated PPE, laundering and restrictions on use of certain equipment on asbestos and ACM. These are practical controls businesses need to build into work procedures, contractor management and site supervision.

Demolition and refurbishment are treated as high-risk situations. Before demolition or refurbishment starts, the PCBU with management or control of the workplace must review the asbestos register and ensure all asbestos likely to be disturbed is identified and removed so far as is reasonably practicable. That PCBU must also provide a copy of the asbestos register to the person carrying out the demolition or refurbishment work before the work commences.

The PCBU carrying out the demolition or refurbishment work must obtain the asbestos register before work starts. If no register is available, the structure or plant must be inspected by a competent person to determine whether asbestos or ACM is fixed or installed, or asbestos must be assumed to be present. If asbestos is found, the relevant occupier, owner or person with management or control must be told.

The Code also deals with emergencies. If an emergency occurs and a structure or plant must be demolished, there must be a procedure to reduce the risk of exposure to asbestos to below the exposure standard and the regulator must be notified.

More broadly, the Code stresses consultation with workers and consultation, cooperation and coordination with other duty holders. This is especially important where owners, tenants, contractors and property managers all have some level of control over the same workplace. Businesses should not leave asbestos communication until the day work starts.

Before acting on this Code, businesses should confirm the legal position that applies to their own workplace, project and jurisdiction. The Code is a practical guide, but it sits alongside the WHS Act, the WHS Regulations and other laws that may apply to the same activity.

You should also check whether the work is ordinary maintenance, asbestos-related work, asbestos removal work, demolition or refurbishment, because different obligations can apply. If you are dealing with imported goods, contaminated soil, naturally occurring asbestos, domestic premises used as a workplace, or waste disposal, extra legal and technical checks are usually needed.

If asbestos may be present and you are unsure what category of work you are dealing with, whether a licence is required, or what records and notifications are needed, get specific advice before work begins.