Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015
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legislative instrument
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This Code of Practice turns the WHS Act and Regulations into practical steps for safely removing asbestos. It sets who needs licences, what training and health monitoring is required (health monitoring costs are paid by the business), notification and recordkeeping rules, air‑monitoring thresholds, containment, decontamination, PPE, waste handling and clearance inspections.
It applies to persons conducting a business or undertaking, licensed and unlicensed removalists, workers, those who commission removal and workplace managers; it matters because it converts legal duties into specific operational controls and measurable compliance steps.
This instrument is the Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015, an approved code made under section 274 of the Work Health and Safety Act 2011 (the WHS Act). It came into force on the day after registration on the Federal Register of Legislative Instruments and was formally approved by the Minister for Employment (Michaelia Cash) on 18 March 2016. The instrument is presented as model, practical guidance for persons conducting a business or undertaking who have WHS duties when asbestos is to be removed from workplaces, plant and equipment.
Mechanically, the Code does the following (text references are to the Code as supplied):
Establishes the scope of practical guidance for safely removing asbestos and asbestos-containing material (ACM), and instructs users how to apply the Code alongside the WHS Act and the WHS Regulations (Foreword; Scope and application).
Sets out the key definitions used throughout (for example asbestos, ACM, friable asbestos, non‑friable asbestos, airborne asbestos, exposure standard, respirable asbestos, asbestos removal work, asbestos removalist, licensed asbestos assessor and licensed asbestos removalist) (see 1.2 The meaning of key terms).
Explains when licences are required to remove asbestos, distinguishing Class A and Class B licences and the specific thresholds for unlicensed work (the table and R.458 discussion in 1.3 Licence requirements for asbestos removal work).
Specifies operational duties and mandatory processes for unlicensed removal (Chapter 2) and for licensed removal (Chapter 3), including training and certification requirements (R.445, R.459-R.477 references throughout).
Prescribes procedural controls: asbestos removal control plans, notification of the regulator (minimum five days in most cases), limiting access and signage, decontamination, waste containment and disposal, clearance inspections and air monitoring with defined action levels (Chapters 3 and 4; Table 1 for monitoring action levels).
Current sections
Direct links to the current provisions in Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015.
1
Source text: opening excerpt
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title: How to Safely Remove Asbestos Code of Practice
Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015
made under the
Work Health and Safety Act 2011, section 274 (Approved Codes of Practice)
1 Name of instrument
This instrument is the Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015.
2 Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
3 Code of Practice Approval
I approve the How to Safely Remove Asbestos Code of Practice. I am satisfied that this code of practice was developed by a process described in section 274(2) of the Work Health and Safety Act 2011.
Provides technical guidance on methods (wet, saturation, dry), tools and prohibited equipment, enclosure design and testing (including negative pressure units), and special methods for small-scale removals (mini-enclosures, glove bags, wrap-and-cut) (Chapters 4-6).
Sets out health monitoring duties and mechanics: who must pay, what monitoring must include, timing (baseline prior to licensed removal and at least once every two years thereafter where applicable), who may undertake monitoring and record retention (R.435-444; 1.4 Health monitoring duties).
Describes obligations for record keeping: training records to be kept while the worker is carrying out the work and for five years after; health monitoring reports retained confidentially for at least 40 years (Sections 2.1 and 1.4).
Identifies interaction points with other instruments and regulators (EPA/local government for waste disposal and contaminated sites NEPM) and other model Codes (for managing asbestos generally, confined spaces, falls, etc.) (Scope and cross‑references throughout).
The Code is an approved code: the Foreword makes explicit that it is admissible in proceedings under the WHS Act and Regulations and that courts may treat it as evidence of what is known about a hazard and of what is reasonably practicable to control it. It also notes that compliance can be achieved by following other methods (for example technical or industry standards) if they provide an equivalent or higher standard of safety.
The Code therefore functions as a prescriptive operational manual for asbestos removal activities and the control measures that regulators and courts will expect to see considered and applied, while leaving the statutory duties in the WHS Act and Regulations as the enforceable legal obligations.
Main concepts
The Code organises its guidance around a small number of recurring legal and technical concepts that determine who decides, who pays, what must be documented and when specialist inputs are mandatory.
Key definitional concepts
Asbestos and ACM: the Code uses broad, technical definitions, including a specific definition of friable asbestos (material that can be crumbled to powder by hand pressure when dry) and respirable asbestos (fibre dimensions) (1.2).
Exposure standard: expressed as 0.1 fibres/ml time weighted average over an eight‑hour day, measured by the Membrane Filter Method or a method determined by the regulator (1.2).
Regulatory classes of work: the Code distinguishes three operational bands , unlicensed removal (up to 10 m² non‑friable), Class B licensed work (non‑friable over 10 m² and related ACD), and Class A licensed work (any quantity of friable asbestos and other friable removals) (1.3 and the licence table).
Risk-control hierarchy and job-focused planning
Elimination or minimisation principle: the person conducting a business or undertaking must ensure, so far as is reasonably practicable, exposure to airborne asbestos is eliminated or, where not practicable, minimised (1.1). The Code operationalises that principle with the asbestos removal control plan requirement for licensed work (3.5), specific methods of removal (4.3), and decontamination and waste containment procedures (4.6, 4.8).
Job-specific control documentation: licensed removals must be preceded by an asbestos removal control plan that identifies methods, tools, PPE, the asbestos to be removed and other site‑specific measures (3.5 and Appendix A).
Competence, certification and independence
Certification: licensed asbestos removalists must ensure workers hold the relevant units of competency and supervisors hold certified supervisor competencies; Class B unit must precede Class A (3.2).
Licensed assessors: the Code makes licensed asbestos assessors the competent/required persons for air monitoring and clearance inspections for Class A work; independent assessors are required for air monitoring and clearance in many circumstances, though the Code notes an application for exemption under Part 11.2 of the WHS Regulations is possible (3.11, 3.10).
Independence: for clearance and air monitoring, independence of the assessor from the removalist is required unless regulator grants exemption (3.10).
Measurement, triggers and response levels
Air monitoring action levels: the Code provides a three-tier response: <0.01 fibres/ml (continue); 0.01-0.02 fibres/ml (review, investigate, implement additional controls); >0.02 fibres/ml (stop work, notify regulator, investigate and abate) (3.11 Table 1). For enclosure dismantling and final clearance the acceptable reading is <0.01 fibres/ml (3.10, 3.12).
Procedural and evidentiary mechanisms
Notification: licensed asbestos removalists must notify the regulator in writing at least five days before Class A/B removals, including prescribed detail (3.6).
Clearance certificates: a clearance inspection and certificate from an independent licensed asbestos assessor or competent person is required before reoccupation; the Code includes an example clearance certificate (3.10; Appendix C).
Record retention: training records, health monitoring records and air monitoring/clearance records have specific retention and access requirements (2.1; 1.4; 3.11).
Cross‑regulatory references
The Code explicitly integrates with other regulatory schemes: EPA/local government for disposal and transport of asbestos waste; contaminated sites NEPM for soil; and other WHS model Codes on asbestos management, confined spaces, falls, etc. These references allocate responsibilities and indicate where WHS duties intersect other regulatory regimes (Scope and Sections 7.1, 4.1 and various cross‑references).
Incentives and compliance logic embedded in the Code
Licensing thresholds and the mandatory use of licensed removalists for most substantial or friable work create a market for certified licence-holders and licensed assessors (1.3, 3.11).
The combination of pre‑job documentation (control plans), notification, mandatory air monitoring for friable work and mandatory independent clearance certificates concentrates procedural burdens on licensed parties and those who commission licensed work (3.5-3.11).
The Code prescribes tests, action levels, and record-keeping that create observable compliance markers inspectors and courts can use as evidence (Foreword; 3.11 Table 1).
The Code therefore transforms the statutory duty to eliminate or minimise exposure into concrete, stepwise controls, measurement triggers and documentation duties that allocate decision‑making to licensed removalists, assessors, and persons with management or control of the workplace.
Who it affects
The Code identifies multiple categories of duty‑holders and affected persons, and prescribes different obligations depending on the role and the class of asbestos work.
Primary duty-holders (who pay and decide)
Person conducting a business or undertaking (PCBU): the Code explicitly frames guidance for PCBUs who commission or carry out asbestos removal (Scope; 1.1). The PCBU must ensure, so far as is reasonably practicable, that workers and other persons are not put at risk and that exposure to airborne asbestos is eliminated or minimised (1.1). PCBUs also have duties to provide and pay for health monitoring when it is required (1.4).
Licensed asbestos removalist: the person conducting the removal business when the work requires Class A or Class B licensing. Duties include preparing the asbestos removal control plan, notifying the regulator, limiting access and signage, ensuring correct PPE and decontamination, arranging air monitoring and clearance inspections and keeping training records (3.1-3.11).
Person who commissions the work: the Code repeatedly requires the person who commissions licensed removal to ensure certain items are completed , for example, appointing an independent assessor for clearance, ensuring training and notifications are in place and cooperating on access to the asbestos register (3.3, 3.4, 3.10).
Specialist roles and regulated third parties
Licensed asbestos assessor: required by the WHS Regulations to conduct air monitoring and clearance inspections for Class A work, and to issue clearance certificates (1.3; 3.11). The Code requires independence of the assessor from the removalist for clearance and air monitoring in most cases (3.10, 3.11).
Asbestos removal supervisor: must be present for Class A work and readily available for Class B work; must hold the appropriate certification (3.1-3.2).
Workers and contractors: workers must receive specified training (R.445) and use PPE/RPE as required. Workers also have duties under the WHS Act to take reasonable care and follow instructions (1.1; 2.1).
Health professionals: registered medical practitioners supervise health monitoring and produce health monitoring reports that must be shared in particular circumstances and retained for 40 years (1.4).
Other affected parties
Persons with management or control of the workplace: must be informed and must give access to the asbestos register (3.3-3.4). At domestic premises, additional notification rules apply and the code advises that some obligations differ in practice (3.3; 3.4).
Neighbours and other occupiers: where removal is at domestic premises or near occupied premises, the Code requires consultation and reasonable notice to persons in the immediate vicinity (Scope; 3.3).
Regulators and inspectors: the Code instructs licensed removalists to notify regulators and provides regulators with benchmarks for notices, inspections and enforcement (3.6; Foreword).
Who bears direct financial costs (as identified in the Code)
Health monitoring costs: the PCBU must pay all expenses relating to health monitoring, and where multiple PCBUs share duty they may nominate one organiser but costs are shared equally unless agreed otherwise (1.4).
Licensing and competency costs: obtaining certifications and ensuring workers and supervisors hold required units of competency imposes training costs on licensed removalists and on PCBUs who employ them (3.2).
Monitoring, decontamination, enclosures and waste disposal costs: the Code’s mandatory measures for Class A work (enclosure, negative pressure units, HEPA filters, air monitoring and licensed assessors, secure transport and disposal at licensed EPA sites) create substantial operational and waste-disposal costs for removalists and for those who commission such work (3.11, 3.12, 4.8, 5.2-5.3).
Who has discretionary exposure or relief under the Code
Small-scale, non-licensed removals: persons removing up to 10 m² of non‑friable asbestos, or minor asbestos-contaminated dust not associated with friable removal, may lawfully perform the work without a licence but still must comply with specified duties and controls (1.3; 2).
Exemptions and regulator discretion: the Code notes limited circumstances where five days’ notice is impractical (sudden events, essential service breakdowns) and allows immediate telephone notice followed by written notice within 24 hours; it also records that exemption applications may be made under Part 11.2 of the WHS Regulations when an independent assessor cannot practically be independent (3.6; 3.10).
In short, the Code affects PCBUs, licensed removalists and assessors most directly, with workers, workplace controllers and neighbours as secondary affected parties. The allocation of duties concentrates procedural and cost burdens on licensed removalists, assessors and those commissioning substantial or friable asbestos removal, while allowing a constrained pathway for small, unlicensed removals subject to training and procedural controls.
Key duties and rights
The Code translates the WHS Act’s general duties into concrete operational duties and procedural rights. Where the Code uses the words must, requires or mandatory, those are linked to underlying legal requirements in the WHS Act and Regulations. The following summarises the main duties and rights as set out in the Code.
Duties to eliminate or minimise exposure
Overriding WHS duty: PCBUs must ensure, so far as is reasonably practicable, that workers and other persons are not put at risk and that airborne asbestos exposure is eliminated or, if not reasonably practicable, minimised and the exposure standard not exceeded (1.1).
Licensing and who can perform removal
R.458 and licence rules: a PCBU commissioning removal must ensure asbestos removal work is carried out only by a licensed asbestos removalist where a licence is required; Class A license is required for any friable asbestos; Class B for non‑friable above 10 m²; unlicensed work permitted up to 10 m² non‑friable with conditions (1.3; table).
Training and competence duties
Training for unlicensed workers: workers doing unlicensed removal must receive training in identification and safe handling (2; 2.1; R.445).
Certification for licensed work: licensed removalists must ensure workers hold relevant certifications for the class of work, supervisors must be certified and PCBUs must provide site‑specific training before each job (3.2).
Planning, documentation and notification duties
Asbestos removal control plan: licensed asbestos removalists must prepare a plan before licensed work commences that details methods, tools, PPE, asbestos location/type/condition and emergency procedures; the plan must be accessible on site and given to the person who commissioned the work (3.5; Appendix A).
Notification: licensed removalists must notify the regulator in writing at least five days before licensed removal work (3.6). The notification must include prescribed details such as licence numbers, supervisor, assessor, site address, asbestos type and estimated quantities.
Asbestos register: licensed removalists must obtain the workplace asbestos register before commencing (3.4), except for domestic premises.
Control measures and operational duties
Methods and tools: choose methods that suppress fibre release in preferred order (wet spray, saturation, then dry only if necessary) (4.3).
PPE and RPE: asbestos removalist must provide suitable PPE and RPE conforming to AS/NZS standards and ensure workers use it; RPE fit testing and maintenance duties are specified (4.5; Appendix B).
Decontamination: provide decontamination facilities for workers, plant and equipment; where enclosures are used provide decontamination units and detailed procedures (3.8; 4.6).
Waste containment and disposal: asbestos waste must be contained, labelled (GHS compliance) and disposed at authorised sites; specific bagging, wrapping, labelling and containment measures are prescribed (3.9; 4.8).
Monitoring, measurement and response duties
Air monitoring: mandatory for all friable removals and part of clearance for Class A work; independent licensed asbestos assessor must be engaged for Class A monitoring and for many Class B situations an independent assessor or competent person is required (3.11). The Code sets action levels and mandatory responses (Table 1).
Clearance inspection and certificate: commissioning person must ensure clearance inspection and certificate from an independent licensed asbestos assessor (for Class A) or competent person (for other license-required work) before reoccupation (3.10).
Health monitoring: PCBUs must provide health monitoring for workers at risk from licensed removal, other ongoing removal or asbestos-related work; baseline and periodic monitoring (at least once every two years) is required and costs borne by the PCBU; results must be provided to worker and to regulator in defined circumstances and reports kept for 40 years (1.4; R.435-444).
Rights and procedural protections
Right to rely on equivalent standards: the Foreword states that compliance with the WHS Act and Regulations can be achieved by following another method if it provides an equivalent or higher standard than the Code (Foreword).
Evidentiary status: the Code is admissible in court and may be relied on by courts and inspectors as evidence of what is known and what is reasonably practicable (Foreword).
Confidentiality: health monitoring reports are confidential and may not be disclosed except with worker consent or under professional confidentiality obligations; retention and sharing duties are prescribed (1.4).
Exceptions and emergency notice processes: short notice exceptions for sudden events (burst pipes, urgent service breakdowns) allow immediate work with phone notification followed by written notification within 24 hours (3.6).
Collectively, these duties allocate decision-making and procedural responsibility to licensed removalists and commissioning PCBUs, require technical measurement and third‑party verification for higher‑risk (Class A) removals, and embed record‑keeping and communication obligations that regulators and courts can use to verify compliance.
Penalties and enforcement
The Code itself does not set criminal or civil penalties; it is an approved code of practice under s274 of the WHS Act and is framed as practical guidance. The Foreword, however, makes the Code’s enforcement and evidentiary role explicit.
Evidentiary and enforcement linkage
Admissibility and evidentiary value: the Foreword states that the Code is admissible in court proceedings under the WHS Act and Regulations and that courts may regard the Code as evidence of what is known about a hazard or control and may rely on it in determining what is reasonably practicable in the circumstances (Foreword). This means the Code provides benchmarks against which regulators and courts assess compliance with statutory duties.
Inspector use for notices: the Foreword also notes an inspector may refer to an approved code of practice when issuing improvement or prohibition notices. The Code therefore supplies content inspectors will use when determining whether a prohibition or improvement notice is needed.
Operational enforcement mechanisms described or implied by the Code
Notices and compliance actions: inspectors may issue improvement or prohibition notices where work exposes persons to asbestos risks and may use the Code as a reference for what control measures are reasonably practicable (Foreword).
Regulator notification and mandatory stoppage triggers: the Code provides operational triggers for mandatory reporting to the regulator (for example, if air monitoring reads >0.02 fibres/ml: stop work and notify regulator by phone followed by written report) (3.11 Table 1). Those notification requirements give the regulator immediate information and a statutory hook for intervention.
Clearance and independent verification: the requirement that clearance certificates be issued by an independent licensed asbestos assessor for Class A work creates a documentation trail that regulators can audit; an absence of a clearance certificate prior to reoccupation is a specific breach of procedural duties (3.10).
Penalties are found in the WHS Act and WHS Regulations rather than the Code; the Code signals how breaches will be evidenced and enforced:
The Code’s detailed prescriptive requirements (control plans, notifications, air monitoring, training records, health monitoring) generate tangible documentary and measurement evidence that inspectors and prosecutors may use when alleging contraventions of the WHS Act and Regulations.
The Code identifies regulator discretion points (e.g., Part 11.2 exemption applications for independence of assessor) and emergency exceptions (immediate notification by phone, followed by written notice) which shape what an inspector might consider reasonable in enforcement decisions (3.6; 3.10).
In practice, enforcement will combine regulator powers under the WHS Act and Regulations (civil penalties, notices, prosecutions) with the Code as a touchstone of accepted practice and “reasonably practicable” measures; the Code supplies the implementation detail that converts abstract statutory duties into concrete compliance tests.
How it interacts with other laws
The Code is explicitly cross‑referenced to multiple other legal and regulatory instruments. It operates as model, technical guidance within the WHS legal framework and as a point of interface with environmental, public health, building, and administrative regulation.
Relationship with the WHS Act and WHS Regulations
Authorising statute and scope: the Code was approved under s274 of the WHS Act and is intended as practical guidance for achieving the standards required under the WHS Act and WHS Regulations (Foreword).
Complying with law by alternative means: the Foreword states that the WHS Act and Regulations may be complied with by following another method, such as a technical or industry standard, if that method provides an equivalent or higher standard than the Code (Foreword).
Environmental and waste law interaction
EPA and local government regulation: the Code repeatedly points to environmental protection agencies and local government regulation for transport and disposal of asbestos waste; disposal must occur at licensed asbestos waste facilities and transport is covered by EPA legislation (4.8; 7.1). The Code therefore delegates final disposal compliance to environmental regulators and their licensing regimes.
Contaminated sites NEPM: in relation to asbestos-contaminated soil, the Code directs users to the Assessment of Contaminated Sites National Environmental Protection Measure (NEPM) and notes contaminated site regulation is the province of environmental agencies (7.1).
Health and privacy law interaction
Health monitoring and confidentiality: the Code mandates health monitoring under R.435-444 and prescribes that reports are confidential records kept for at least 40 years and that disclosure to regulators is required where test results indicate possible disease or remedial measures; these rules intersect privacy and health-professional confidentiality norms (1.4).
Medical supervision: health monitoring must be supervised by a registered medical practitioner with relevant competencies; the Code requires consultation with workers before selecting the practitioner (1.4).
Other WHS model Codes and standards
Cross-references to other WHS Codes: the Code refers to companion WHS Codes (How to Manage and Control Asbestos in the Workplace, Consultation, Cooperation and Coordination, Confined Spaces, How to Prevent Falls at Workplaces, Managing the Work Environment and Facilities, Managing Risks with Electrical Work). Users are instructed to read those Codes where relevant, making the asbestos removal Code operationally dependent on other WHS guidance (Scope; 4.1; 4.3).
Australian Standards: for PPE and RPE the Code references AS/NZS standards (e.g. AS/NZS 1716/1715 for respirators, AS/NZS 60335.2.69 for Class H vacuum cleaners, AS 4260 for HEPA filters), indicating that compliance with the Code will generally require adherence to those standards (4.4; 4.5; 5.3; Appendix B).
Regulatory discretion, exemptions and application to domestic premises
Domestic premises: some duties differ for domestic premises (for example, asbestos register obligation does not apply; additional notification and consultation steps are recommended) (Scope; 3.3-3.4).
Exemptions: the Code notes the possibility of applying to the regulator for exemptions under Part 11.2 of the WHS Regulations (for example, from the independence requirement for licensed assessors) and outlines limited emergency exceptions for notification timing (3.6; 3.10).
The Code therefore functions as part of an integrated regulatory ecosystem: it operationalises WHS duties, signals when environmental and public health rules take over (especially waste disposal and contaminated sites), and relies on Australian Standards and other WHS Codes for technical detail. Users must therefore consider asbestos removal compliance in the context of overlapping statutes and regulatory permits administered by separate agencies.
Amendment history
The text provided is the Work Health and Safety (How to Safely Remove Asbestos) Code of Practice 2015 as made and approved under s274 of the WHS Act. The instrument header identifies the name of the instrument, its operation (it commences the day after registration on the Federal Register of Legislative Instruments) and records approval by the Minister for Employment, Michaelia Cash, dated 18 March 2016. The Code’s Foreword notes the development and consultation history relevant to its creation:
It was developed by Safe Work Australia as a model code under the Council of Australian Governments’ Inter‑Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety for adoption by the Commonwealth, states and territories.
A draft was released for public consultation on 7 December 2010 and the Code was endorsed by the Workplace Relations Ministers’ Council on 10 August 2011, before being finalised and approved (Foreword).
The document as supplied does not include subsequent amendments, amendment dates, or repeal information. It records that the instrument “commences on the day after it is registered on the Federal Register of Legislative Instruments” (Commencement section), and that the Minister approved it having followed the process described in s274(2) of the WHS Act (Code of Practice Approval).
Readers should note:
The Code itself states that it is a model code for adoption by Commonwealth, state and territory governments; therefore jurisdictions may have adopted it in different forms or with local variations. The supplied text does not list those jurisdictional adoptions or any state/territory amendments.
The Foreword explicitly allows that other methods (technical or industry standards) may be used to comply with the WHS Act and Regulations where these provide equivalent or higher protection; this mechanism permits standards-based change without formal amendment to the Code itself (Foreword).
Because the supplied instrument text does not contain a consolidated amendment table or express post‑2016 amendments, this note is limited to the instrument’s creation and approval history as provided. Users seeking a legislative history (including later amendments, replacements, or jurisdictional adoption variations) will need to consult the Federal Register of Legislative Instruments, Safe Work Australia publications and relevant state/territory registries for updates after 18 March 2016.
Litigation history
The provided Code text contains no account of litigation, judicial decisions, or contested enforcement actions. The Foreword states the Code is admissible in court proceedings under the WHS Act and Regulations, and that courts may regard it as evidence of what is known about a hazard, risk or control and may rely on it when determining what is reasonably practicable in the circumstances (Foreword). That is a procedural statement about evidentiary use rather than a record of cases.
Because no court decisions, prosecution summaries or litigation outcomes are included in the supplied instrument, this section records only what is present in the source:
The Code is designed to be used as evidence in court proceedings addressing compliance with the WHS Act and WHS Regulations (Foreword).
Inspectors may refer to the Code when issuing improvement or prohibition notices (Foreword).
If you require a list of regulatory prosecutions or judicial decisions that have cited or relied on this Code, those are not contained within the instrument and require searches of tribunal and court databases, regulator enforcement records and public law reports. The Code as supplied does not name any case law or adjudicative history.
Gotchas
The Code contains a number of drafting choices and operational details that create practical risks, traps for the unwary and implementation complexity. These “gotchas” are drawn from the text and indicate where duty‑holders should take particular care.
Licence thresholds and the 10 m² rule
Small differences in quantity change legal status: the Code’s bright‑line rule that removals up to 10 m² of non‑friable asbestos may be done without a licence (1.3 table; 2) creates a sharp compliance cliff. Where there is uncertainty about whether the amount exceeds 10 m², the Code advises engaging a licensed removalist (7.1). Mismeasurement or aggregation across multiple sub‑jobs can change obligations.
Differing obligations at domestic premises
Exceptions and practical differences apply at domestic premises: the asbestos register obligation does not apply at domestic premises (3.4), and some notification/consultation duties are qualified by “so far as is reasonably practicable” and practicalities for informing occupiers and neighbours (3.3). That mixing of duties increases legal uncertainty in domestic renovations.
Independence of assessors and limited exemptions
Independent assessor requirement: for Class A work, an independent licensed asbestos assessor must carry out air monitoring and clearance certification (3.10-3.11). The Code acknowledges there are situations where independence is not practicable and permits applications to the regulator for exemption under Part 11.2 of the WHS Regulations (3.10). Reliance on exemptions without regulator approval risks enforcement exposure.
Air monitoring triggers and operational consequences
Hard operational stops tied to monitoring: the Code’s action-level thresholds create mandatory steps , notably, >0.02 fibres/ml requires immediate cessation of removal work and regulator notification and remediation (3.11 Table 1). The practical consequence is that monitoring failures can generate immediate stoppages, schedule disruption and cost, and the requirement to re-test to ≤0.01 fibres/ml before recommencing may be operationally onerous.
For Class A enclosure dismantling and clearance, the acceptable monitoring result is <0.01 fibres/ml (3.12), which is an order of magnitude below the exposure standard of 0.1 fibres/ml quoted in the Code (1.2). The Code therefore sets clearance benchmarks much lower than the exposure standard used for an 8‑hour TWA; confusion can arise if those different metrics are not properly tracked.
Record retention durations and privacy
Long health record retention: health monitoring reports must be kept as confidential records for at least 40 years (1.4). That is a substantial data‑management and privacy obligation for PCBUs, with storage, access control and potential disclosure duties to the regulator if certain test results appear.
Training and monitoring records: training records must be kept while the worker is carrying out the work and for five years after; respirator issue/use/maintenance records should be up‑to‑date (2.1; 4.5). These timeframes create ongoing administrative requirements.
Interplay with environmental rules and transport logistics
Waste disposal regulated by EPA: disposal and transport of asbestos waste are governed by EPA/local rules and licensed disposal sites; the Code requires disposal “as soon as is practicable” at authorised sites (3.9; 4.8). Operationally, availability of licensed sites, transport permits and local authority requirements can constrain scheduling and increase costs.
Technical equipment and maintenance obligations
Technical standards for HEPA and vacuum cleaners: HEPA filters and asbestos vacuum cleaners must meet specified Australian Standards; pre‑filters and replacement regimes generate maintenance obligations that, if ignored, can reduce effectiveness and trigger monitoring failures (4.4; 5.3).
Negative pressure units must run continuously until final clearance is achieved; failures require immediate stoppage of work (5.3). This creates a dependency on equipment availability and on backup arrangements.
Prohibited tools versus permitted engineering solutions
Prohibition of high-speed power tools and brooms unless enclosed or equipped to capture fibers: the Code prohibits tools that generate dust unless effective engineering controls are in place (4.4). This means power tools may still be used inside effective enclosures or with extraction, but the Code sets control monitoring benchmarks (exposure monitoring <0.05 f/ml or control monitoring <0.01 f/ml) to validate the control (4.4). Demonstrating those controls in practice can be difficult and requires monitoring competence.
Decontamination water handling and plumbing
Contaminated water handling: decontamination water should pass through particulate filtration capable of capturing particles to 5 µm before sewer discharge; laundering and laundry facility arrangements require specific infrastructure and protocols (4.6; 4.7). Mismanagement risks secondary contamination and potential contravention of environmental or public health rules.
Operational complexity of enclosures and dismantling
Enclosure testing, smoke tests and documentation: enclosures must be smoke-tested and any leaks repaired before work commences; dismantling requires visual inspection, air monitoring and clearance certificate before reoccupation and disposal of plastic as asbestos waste (5.2-5.3). The time, equipment and documentation needed can interact with project schedules and costs.
These “gotchas” reflect where small differences in practice, measurement, documentation or equipment reliability can change legal obligations, escalate costs or trigger regulator action. The Code supplies the benchmarks; failure to design operational procedures to meet them is the practical compliance risk.
How to comply
The Code sets an operational pathway that converts statutory duties into a sequence of compliance steps. Below is a practical, source‑grounded checklist organised to mirror a typical asbestos removal project lifecycle, with references to the Code’s sections so each step can be traced back to the text.
Early assessment and decision to remove
Consult the Code of Practice: How to Manage and Control Asbestos in the Workplace to determine whether removal is necessary (Scope). Identify asbestos via an asbestos register or sampling.
Determine the amount and condition (friable/non‑friable) and whether the total non‑friable area exceeds 10 m²; this will determine whether a licence is required (1.3).
Decide who will perform the work and check licences
If the removal requires a licence (Class A for friable or Class B for >10 m² non‑friable), engage a licensed asbestos removalist and ensure they have the appropriate Class A or B licence and certified supervisor and workers (1.3; 3.1-3.2).
For small jobs (≤10 m² non‑friable), ensure the person carrying out the work has suitable training (asbestos awareness or the non‑friable removal unit) and complies with Chapter 2 duties (2; 2.1).
Obtain and review documentation
Obtain a copy of the workplace’s asbestos register (3.4) unless at domestic premises where the requirement does not apply.
Ensure the licensed removalist prepares an asbestos removal control plan before work commences. The plan must specify methods, tools, PPE, asbestos location/type/condition, notification details, decontamination and disposal arrangements and emergency plans (3.5; Appendix A).
Notification and pre‑job regulatory engagement
For licensed work, ensure the licensed removalist notifies the regulator in writing at least five days before work starts. The notification must include the specified detail: licence numbers, supervisor, assessor, client, site address, type and quantity of asbestos, start date and estimated duration, number of workers and their competencies (3.6).
If immediate work is required due to a sudden event or essential service breakdown, follow the emergency notification process: phone the regulator immediately and give written notice within 24 hours (3.6).
Training, competence and records
Verify all workers hold required certifications and supervisor is present for Class A work or readily available for Class B work (3.1-3.2).
Provide site‑specific training before each job covering hazards, control measures, PPE use, decontamination, waste disposal and emergency procedures (3.2).
Keep training records while the worker is performing the work and for five years thereafter; make them accessible at the removal site for inspection (3.2; 2.1).
Site preparation and controls
Implement signage and barricades to delineate asbestos removal areas and limit access to authorised persons (3.7; 4.2).
Select removal method in order of preference: wet spray method, saturation/injection for thick friable material, dry method only when water is unsuitable (4.3).
Ensure prohibited tools (high-speed abrasive power tools, compressed air, brooms) are not used unless enclosed or equipped with controls that are validated by monitoring (4.4).
Enclosures, decontamination and equipment
For Class A (friable) large removals, design and construct an enclosure of 200 µm plastic with airlocks and attach decontamination units; negative pressure units (approximately 12 Pa) and HEPA filtration are required where enclosure and negative pressure are applicable (5.1-5.3).
Conduct smoke testing of enclosures prior to work and test for leaks; document results (5.2).
Provide personal decontamination facilities and decontamination units adjacent to enclosures; ensure water handling includes particulate filtration before discharge (4.6).
Air monitoring and independent assessment
Engage an independent licensed asbestos assessor to undertake air monitoring for Class A work and for clearance inspections; for friable removals air monitoring is mandatory before dismantling an enclosure and as part of clearance (3.11; 3.12).
Use Table 1 action levels: <0.01 fibres/ml continue; 0.01-0.02 fibres/ml review and implement controls; >0.02 fibres/ml stop work and notify regulator immediately (3.11 Table 1). Do not dismantle enclosures until <0.01 fibres/ml is demonstrated (3.12).
Waste handling and disposal
Contain asbestos waste in new heavy-duty 200 µm polythene bags (no more than 1200 mm × 900 mm), goose-neck seal and label with GHS-compliant asbestos warning (4.8). Double-bag when removing from the work area and ensure bags are wet-wiped externally.
Store waste in lined drums or skips and dispose “as soon as is practicable” at licensed asbestos waste facilities regulated by EPA/local authorities (4.8). Ensure transport complies with EPA rules.
Clearance, reoccupation and records
Ensure an independent licensed asbestos assessor (Class A) or independent competent person (other licensed work) conducts a clearance inspection and issues a clearance certificate before reoccupation or recommencement of other works in the area (3.10; Appendix C).
Retain air monitoring results, notifications, training records, asbestos removal control plan and clearance certificates for inspector review; retain health monitoring reports confidentially for at least 40 years (1.4; 2.1).
Health monitoring and worker welfare
Provide health monitoring supervised by an appropriately competent registered medical practitioner for workers engaged in licensed removal, ongoing unlicensed removal or asbestos-related work where exposure risk exists (R.435-444; 1.4).
Pay all health monitoring costs and ensure records are provided to the worker and, where advised by the medical practitioner, to the regulator (1.4).
Contingency planning and equipment maintenance
Have contingency plans for negative pressure unit or compressor failure (backup units or generator), and stop work immediately if required units stop until remedied (5.3).
Maintain equipment, inspect asbestos vacuums and HEPA filters regularly, and keep inspection registers (4.4).
Consultation and communication
Consult with workers, health and safety representatives, the person who commissioned the work, persons with management or control of the workplace and affected neighbours, especially for domestic premises (1.1; 3.3; 3.5).
When in doubt, engage specialists
Where uncertainty exists about quantity, friability, independence of assessors or suitable controls, the Code advises engaging a licensed asbestos removalist, licensed asbestos assessor or competent person; for contaminated soil consult contaminated site practitioners and environmental regulators (1.3; 3.10; 7.1).
Documentary checklist (minimum documents to have on site)
Asbestos removal control plan (3.5; Appendix A)
Asbestos register (where applicable) (3.4)
Notification to regulator and supporting materials (3.6)
Worker certifications and training records (3.2; 2.1)
Air monitoring plans and test results (3.11)
Clearance certificate(s) (3.10; Appendix C)
Health monitoring records (confidential) (1.4)
Waste transport and disposal documentation (4.8)
Following these steps and maintaining the prescribed records implements the Code’s practical obligations and creates the documentary trail inspectors and courts will rely upon under the WHS Act and Regulations. The Code sets clear technical and procedural markers; compliance requires planning resources, competent personnel, equipment and engagement with environmental and medical professionals as indicated in the Code.
This Code of Practice on how to safely remove asbestos is an approved code of practice under section 274 of the Work Health and Safety Act (the WHS Act).
An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and the Work Health and Safety Regulations (the WHS Regulations).
A code of practice applies to anyone who has a duty of care in the circumstances described in the code. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in the WHS Act, in relation to the subject matter of the code. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.
Codes of practice are admissible in court proceedings under the WHS Act and Regulations. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.
The WHS Act and the Regulations may be complied with by following another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety than the code.
An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.
This Code of Practice has been developed by Safe Work Australia as a model code of practice under the Council of Australian Governments’ Inter-Governmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety for adoption by the Commonwealth, state and territory governments.
A draft of this Code of Practice was released for public consultation on 7 December 2010 and was endorsed by the Workplace Relations Ministers’ Council on 10 August 2011.
Scope and application
This Code provides practical guidance for persons conducting a business or undertaking who have duties under the WHS Act and WHS Regulations to safely remove asbestos from all workplaces including structures, plant and equipment.
A person conducting a business or undertaking may be an asbestos removalist who may carry out asbestos removal work that does not require a licence, Class A asbestos removal work or Class B asbestos removal work. This could include both asbestos removal companies and those persons who may carry out small asbestos removal jobs and may not have an asbestos licence, for example tradespersons.
It is recommended that other persons with responsibility—for example, a person conducting a business or undertaking who commissions asbestos removal work at a workplace (person who commissions removal work)—should read this Code to ensure they are aware of mandatory requirements.
This Code may also be used by workers and their health and safety representatives and other persons affected by asbestos removal work, for example neighbours.
It is important to read the Code of Practice: How to Manage and Control Asbestos in the Workplace, as it provides specific guidance on identifying asbestos or ACM in the workplace, determining whether removal is the best control option and implementing other control measures if removing asbestos is not the most appropriate action to take.
Some chapters of this Code will apply to asbestos that is present in domestic premises where the premises becomes a workplace.
How to use this Code of Practice
In providing guidance, the word ‘should’ is used in this Code to indicate a recommended course of action, while ‘may’ is used to indicate an optional course of action.
This Code also includes various references to provisions of the WHS Act and Regulations to provide context with legal requirements. These references are not exhaustive. The words ‘must’, ‘requires’ or ‘mandatory’ indicate that these legal requirements exist and must be complied with.
1. INTRODUCTION
1.1 Who has health and safety duties when removing asbestos?
The WHS Act requires all persons who conduct a business or undertaking to 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.
The person conducting a business or undertaking must also ensure so far as is reasonably practicable that exposure of a person at the workplace to airborne asbestos is eliminated. If this is not reasonably practicable, the exposure must be minimised so far as is reasonably practicable. The exposure standard for asbestos must not be exceeded.
The WHS Regulations include specific obligations for a number of duty holders in relation to safely removing asbestos. These duties are summarised in Chapters 2 and 3 of this Code.
Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and WHS Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks associated with asbestos.
Workers have a duty to take reasonable care for their own health and safety and that they do not adversely affect the health and safety of other persons. They must comply with any reasonable instruction and cooperate with any reasonable policy or procedure relating to health and safety at the workplace. If PPE is provided by the person conducting the business or undertaking, the worker must use it in accordance with information, instruction and training provided on their use.
Consultation
There are a number of specific duties in both the WHS Act and WHS Regulations that require consultation with others throughout the asbestos removal process. Communicating and consulting with a range of people helps to increase the awareness of the potential health and safety risks of asbestos.
An asbestos removalist must consult with persons that may be affected by the asbestos removal work, as well as other responsible persons at the workplace, to eliminate or minimise the exposure to the risks associated with asbestos, for example site management or the project manager, workers, health and safety representatives, contractors, building occupants and others. This also includes speaking with neighbours and other businesses where the asbestos removal work is occurring at domestic premises.
Airborne asbestos means any fibres of asbestos small enough to be made airborne. For the purposes of monitoring airborne asbestos fibres, only respirable fibres are counted.
Asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals, including actinolite asbestos, grunerite (or amosite) asbestos (brown), anthophyllite asbestos, chrysotile asbestos (white), crocidolite asbestos (blue) and tremolite asbestos or a mixture of any of these.
Asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos.
Asbestos-contaminated dust or debris (ACD) means dust or debris that has settled within a workplace and is (or is assumed to be) contaminated with asbestos.
Asbestos-related work means work involving asbestos (other than asbestos removal work to which Part 8.7 of the WHS Regulations applies) that is permitted under the exceptions set out in regulation 419(3), (4) and (5).
Asbestos removalist means a person conducting a business or undertaking who carries out asbestos removal work.
Asbestos removal work means:
work involving the removal of asbestos or ACM
Class A asbestos removal work or Class B asbestos removal work as outlined in Part 8.10 of the WHS Regulations.
Competent person in relation to carrying out clearance inspections under regulation 473 means a person who has acquired through training or experience the knowledge and skills of relevant asbestos removal industry practice and holds a certification in relation to the specified VET course for asbestos assessor work or a tertiary qualification in occupational health and safety, occupational hygiene, science, building, construction or environmental health. For all other purposes, competent person means a person who has acquired through training, qualification or experience, the knowledge and skills to carry out the task.
Exposure standard for asbestos is a respirable fibre level of 0.1 fibres/ml of air measured in a person’s breathing zone and expressed as a time weighted average fibre concentration calculated over an eight-hour working day and measured over a minimum period of four hours in accordance with:
the Membrane Filter Method
a method determined by the relevant regulator.
Friable asbestos means material that is in a powder form or that can be crumbled, pulverised or reduced to a powder by hand pressure when dry, and contains asbestos.
GHS means Globally Harmonised System of Classification and Labelling of Chemicals.
Licensed asbestos assessor means a person who holds an asbestos assessor licence.
Licensed asbestos removalist means a person conducting a business or undertaking who is licensed under the WHS Regulations to carry out Class A or Class B asbestos removal work.
Naturally occurring asbestos (NOA) means the natural geological occurrence of asbestos minerals found in association with geological deposits including rock, sediment or soil.
Non-friable asbestos means material containing asbestos that is not friable asbestos, including material containing asbestos fibres reinforced with a bonding compound.
Respirable asbestos means an asbestos fibre that:
is less than 3 micron metres (µm) wide
more than 5 micron metres (µm) long
has a length to width ratio of more than 3:1.
1.3 Licence requirements for asbestos removal work
R. 458 A person conducting a business or undertaking who commissions the removal of asbestos at the workplace must ensure asbestos removal work is carried out only by a licensed asbestos removalist who is appropriately licensed to carry out the work, unless specified in the WHS Regulations that a licence is not required.
There are two types of licences: Class A and Class B. The type of licence required will depend on the type and quantity of asbestos or ACM that is being removed at a workplace.
Type of licence
What asbestos can be removed?
Class A
Can remove any amount or quantity of asbestos or ACM, including:<br>any amount of friable asbestos or ACMany amount of ACDany amount of non-friable asbestos or ACM.
Class B
Can remove:<br>any amount of non-friable asbestos or ACM<br>Note: 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.<br>ACD associated with the removal of non-friable asbestos or ACM.<br>Note: A Class B licence is required for removal of ACD associated with the removal of more than 10 m² of non-friable asbestos or ACM but the licence holder can also remove ACD associated with removal of up to 10m² of non‑friable asbestos or ACM.
No licence required
Can remove:<br>up to 10 m2 of non-friable asbestos or ACMACD that is:<br>associated with the removal of less than 10 m2 of non-friable asbestos or ACMnot associated with the removal of friable or non-friable asbestos and is only a minor contamination.
Examples where a licence is not
This is an opening excerpt, not the complete document.