Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015

The Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015 is an approved code of practice made under section 274 of the Work Health and Safety Act 2011. It gives practical guidance on how to safely remove asbestos from workplaces, including structures, plant and equipment.

The Code is not limited to specialist asbestos companies. It applies to anyone who has a duty of care in the circumstances it describes. The text expressly says this can include licensed asbestos removalists, businesses carrying out small asbestos removal jobs that do not require a licence, and businesses that commission asbestos removal work at a workplace.

For a business owner, the practical point is that the Code translates broad WHS duties into operational steps. It helps answer questions such as when a licence is required, what controls still apply if no licence is required, when health monitoring is needed, what records should be kept, and what site controls should be in place before work starts.

The foreword also explains the legal status of the Code. In most cases, following an approved code of practice would achieve compliance with the relevant health and safety duties for the subject matter it covers. Courts may regard the Code as evidence of what is known about a hazard, risk or control, and may rely on it when deciding what was reasonably practicable. Inspectors may also refer to it when issuing improvement or prohibition notices.

The Code does not replace the WHS Act or Regulations, and it does not cover every hazard that may arise. Businesses still need to consider all risks associated with the work, not just the matters specifically discussed in the Code.

The Code provides practical guidance for persons conducting a business or undertaking, or PCBUs, who have duties to safely remove asbestos. It expressly says this could include both asbestos removal companies and those who may carry out small asbestos removal jobs and may not have an asbestos licence, for example tradespersons.

That means the Code can affect a much wider group than many businesses expect. A plumbing business replacing pipework in an older building, an electrician removing a small asbestos cement sheet to install equipment, a maintenance contractor working on older plant, or a builder refurbishing an older workplace may all need to use this Code.

The Code also recommends that a PCBU who commissions asbestos removal work at a workplace should read it to ensure they are aware of mandatory requirements. So even if your business is not physically removing the asbestos, you may still need to understand the licence framework, consultation requirements, asbestos register issues, access controls and basic site safety arrangements.

The Code may also be used by workers, health and safety representatives and other persons affected by asbestos removal work, including neighbours. This is important for businesses because asbestos removal often affects more people than the removal crew alone. Occupants, nearby contractors, site management and neighbouring businesses may all need to be considered in planning and consultation.

Before quoting, scheduling or starting work, a business should work through the practical trigger points built into the Code. The first is whether the material is friable or non-friable. The second is how much material is being removed. The third is whether the work includes asbestos-contaminated dust or debris. The fourth is whether the work is taking place at a workplace where an asbestos register should be obtained. The fifth is whether workers may be at risk of exposure such that health monitoring is required.

These trigger points matter because they determine the licence pathway, the level of planning required, whether a licensed asbestos assessor is needed for some tasks, and what records and controls should be in place.

The Code states that a PCBU who commissions the removal of asbestos at a workplace must ensure the asbestos removal work is carried out only by a licensed asbestos removalist who is appropriately licensed to carry out the work, unless the WHS Regulations specify that a licence is not required.

There are two licence classes. A Class A licence can remove any amount or quantity of asbestos or asbestos containing material, including any amount of friable asbestos or ACM, any amount of asbestos-contaminated dust or debris, and any amount of non-friable asbestos or ACM. A Class B licence can remove any amount of non-friable asbestos or ACM. The Code notes that a Class B licence is required for removal of more than 10 m2 of non-friable asbestos or ACM, but the licence holder can also remove up to 10 m2 of non-friable asbestos or ACM.

No licence is required only for limited work. The Code says this includes up to 10 m2 of non-friable asbestos or ACM, and certain asbestos-contaminated dust or debris associated with the removal of less than 10 m2 of non-friable asbestos or ACM, or minor contamination not associated with friable or non-friable removal. Friable asbestos materials must not be removed by a person who does not have a Class A asbestos licence.

The Code gives practical examples. Removing a single 2 m2 asbestos cement sheet to install an air conditioner may be done by a company that is not a licensed asbestos removalist, provided the Chapter 2 requirements are followed. A self-employed person removing a 1.6 m2 asbestos cement eave to access pipes may also do that work without a licence if the relevant requirements are observed. By contrast, removing 12 m2 of non-friable asbestos cement sheets from a factory toilet block requires a licensed asbestos removalist, and removing friable asbestos lagging from a pipe requires a Class A licensed asbestos removalist.

The Code starts from the general WHS duty framework. A PCBU 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. A PCBU must also ensure, so far as is reasonably practicable, that exposure of a person at the workplace to airborne asbestos is eliminated. If elimination is not reasonably practicable, exposure must be minimised so far as is reasonably practicable. The exposure standard for asbestos must not be exceeded.

The Code also highlights the role of officers and workers. Officers, such as company directors, must exercise due diligence to ensure the business complies with the WHS Act and WHS Regulations. That includes taking reasonable steps to ensure the business has and uses appropriate resources and processes to eliminate or minimise asbestos risks. Workers must take reasonable care, comply with reasonable instructions, cooperate with workplace procedures, and use PPE in accordance with the information, instruction and training provided.

The Code says there are specific duties in the WHS Act and WHS Regulations requiring consultation with others throughout the asbestos removal process. Communicating and consulting with a range of people helps increase awareness of the health and safety risks of asbestos.

An asbestos removalist must consult with persons who may be affected by the asbestos removal work, as well as other responsible persons at the workplace, to eliminate or minimise exposure to asbestos risks. The Code gives examples including site management, the project manager, workers, health and safety representatives, contractors, building occupants and others. Where the work is occurring at domestic premises, this also includes speaking with neighbours and other businesses.

For businesses, this means consultation should not be treated as a last-minute notice on the day of the job. It should be built into planning, especially where the work may affect access, occupancy, nearby trades, ventilation, shared areas or neighbouring premises.

Training is a major compliance point in the Code. For unlicensed asbestos removal work, a worker carrying out the work, including a self-employed PCBU, must be trained in the identification and safe handling of asbestos before carrying out the work. The Code says an asbestos awareness course or the non-friable removal unit of competency would be considered appropriate training.

More generally, a PCBU must ensure that information, training and instruction provided to a worker is suitable and adequate, having regard to the nature of the work, the risks associated with the work at the time, and the control measures implemented. The information, training and instruction must, so far as is reasonably practicable, be provided in a way that is readily understandable.

The Code also says a PCBU must ensure workers who they reasonably believe may be involved in asbestos removal work or asbestos-related work are trained in the identification, safe handling and suitable control measures for asbestos and ACM. The Code lists topics that may be included, such as health risks, likely presence of asbestos, roles and responsibilities, the asbestos register, safe work procedures, PPE, control measures, exposure standards and the purpose of exposure or health monitoring.

Records of all training must be kept while the worker is carrying out the work and for five years after the day the worker stops carrying out the work. Those records must also be available for inspection by the regulator.

The Code says a PCBU must ensure health monitoring is provided to a worker if they are carrying out licensed asbestos removal work, other ongoing asbestos removal work or asbestos-related work and are at risk of exposure to asbestos when carrying out the work.

Health monitoring includes a medical examination to provide an initial baseline medical assessment. The Code says health monitoring must include consideration of the worker's demographic, medical and occupational history, consideration of records of the worker's personal exposure, and a physical examination with emphasis on the respiratory system, including standardised respiratory function tests, unless another form of health monitoring is recommended by a registered medical practitioner.

Workers must be informed of any health monitoring requirements before they carry out work that may expose them to asbestos. If a worker is carrying out licensed asbestos removal work, the health monitoring must be conducted before the worker commences the work. The Code also says health monitoring should be provided at regular intervals after commencement, but at least once every two years.

The Code also sets out the administration around health monitoring. It must be carried out under the supervision of a registered medical practitioner with the relevant competencies. Before deciding who that practitioner will be, the PCBU must consult the worker. The PCBU must pay all expenses relating to health monitoring. If more than one PCBU has the duty, they may choose one person to organise it, with costs shared equally unless they agree otherwise.

The person who commissions health monitoring must provide specified information to the medical practitioner, including the worker's details and a description of the work that triggered the requirement. They must then take all reasonable steps to obtain the report as soon as practicable, give copies to the worker and, in some cases, the regulator and other duty holders, and keep the reports as confidential records for at least 40 years after the record is made.

The Code allows limited unlicensed removal, but it does not treat it as informal or low-risk work. Removal by a person who does not hold a Class A or Class B licence is permitted only if the asbestos being removed is 10 m2 or less of non-friable asbestos, or asbestos-contaminated dust or debris that is not more than a minor contamination and is associated with the removal of 10 m2 or less of non-friable asbestos. Friable asbestos materials must not be removed by a person who does not have a Class A licence.

The Code says a person carrying out asbestos removal work without a licence must still use safe working methods to ensure the work is not creating a risk to the health and safety of persons at the workplace. The WHS Regulations require that person to comply with the duties outlined in Chapter 4 of the Code and also with some duties in Chapter 3.

The Code also notes that an asbestos removal control plan is not mandatory for this type of work, but it may be beneficial to prepare one so the work is carried out safely. Air monitoring is also not mandatory for this type of work, although an independent licensed asbestos assessor or competent person can carry it out in these situations.

For small businesses, the practical message is simple: unlicensed does not mean unplanned. Even a small job should be scoped, isolated, controlled and documented properly.

The Code summarises a structured set of duties for licensed asbestos removal work. These include ensuring an asbestos removalist supervisor is readily available or present when the work is being carried out, providing appropriate training and ensuring workers have undertaken the relevant units of competency, informing various parties about the removal, obtaining the workplace asbestos register, preparing an asbestos removal control plan, notifying the regulator before the work starts, displaying signs and labels, limiting access to the asbestos work area, ensuring decontamination facilities are in place, ensuring waste containment and disposal procedures are in place, and ensuring clearance inspections and clearance certificates are handled as required.

For a licensed removalist, these are operational requirements that need systems behind them. For a business commissioning the work, they are practical checkpoints to verify before the job starts. You should know who the supervisor is, what licence class applies, whether the asbestos register has been obtained, how the work area will be isolated, and who is responsible for clearance and any required air monitoring.

The Code states that the WHS Regulations require a person to hold an asbestos assessor licence to conduct air monitoring for Class A asbestos removal work, clearance inspections for Class A asbestos removal work, and to issue clearance certificates in relation to Class A asbestos removal work.

A licensed asbestos assessor can also carry out other tasks including identifying asbestos, carrying out a risk assessment or reviewing an asbestos register. This matters for businesses because some jobs need more than just a licensed removalist. If the work is Class A, assessor involvement is built into key parts of the compliance process.

The table of contents and summary sections of the Code show that some controls apply across all asbestos removal work, not just licensed jobs. These include identifying hazards, indicating the asbestos removal areas, wet and dry methods, tools and equipment, personal protective equipment, decontamination, laundering clothing, and waste containment and disposal.

For businesses, these are the practical controls that should be visible on site. The work area should be clearly identified. The chosen method should minimise airborne asbestos. The right tools and PPE should be used. Decontamination should be available. Waste should be contained, labelled and disposed of promptly. Clothing contaminated with asbestos needs to be handled in line with the WHS framework.

The Code also contains sections on enclosures for large scale removal work, methods for small scale removal work such as mini-enclosures, glove bag work and wrap and cut methods, and controls for specific work such as asbestos-contaminated soil, friable asbestos on hot surfaces, and asbestos in plant, pipes or pits. Businesses dealing with those scenarios should review the relevant sections before relying on general guidance alone.

Asbestos compliance is heavily document-driven. The Code refers to the workplace asbestos register, training records, health monitoring information and reports, asbestos removal control plans, clearance inspections, clearance certificates and air monitoring. Even where a document is not mandatory for a particular unlicensed job, the Code indicates that preparing one may still be beneficial.

For a small or medium business, the safest approach is to treat asbestos work as a planned activity with a clear paper trail. Before work starts, confirm the material, the licence pathway, the register position, the training status of workers, and whether health monitoring or assessor involvement is required. During the work, keep evidence of consultation, site controls and waste handling. After the work, keep the records required for the relevant period.

The instrument is titled the Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015. It was approved by the Minister for Employment on 18 March 2016 and registered on the Federal Register of Legislation on 30 March 2016. The instrument states that it commences on the day after registration, which means commencement was 31 March 2016.

The Federal Register lists the instrument as in force. Businesses should still check the current Federal Register entry before relying on this page, especially if they are dealing with a current project, regulator interaction or a state or territory adoption issue.

The Code itself also says it is important to read the Code of Practice: How to Manage and Control Asbestos in the Workplace, because that separate code gives specific guidance on identifying asbestos or ACM in the workplace, deciding whether removal is the best control option, and implementing other control measures if removal is not the most appropriate action.