Legislation for Asbestos in Queensland

Part 13 of the Workplace Health and Safety Regulation 2008 refers to the national asbestos management code -

http://www.safeworkaustralia.gov.au/NR/rdonlyres/DB7C0238-F1D3-4EDE-B444-F7B751CE83FE/0/ManagementCode.pdf  

and the asbestos removal code -

http://www.safeworkaustralia.gov.au/NR/rdonlyres/1A198A7C-D0A7-40AD-964E-31673C695E92/0/AsbestosCode.pdf .

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.

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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