This resource is provided to help Australian businesses and organisations understand the issues surrounding asbestos.

RELATED ISSUES:

State / Territory Act Regulations
QLD Workplace Health and Safety Act 1995 Workplace Health and Safety Regulations 2008
NSW Occupational Health and Safety Act 2000 Occupational Health and Safety Regulations 2001
ACT Work Safety Act 2008 Work Safety Legislation Amendment Act 2009 Dangerous Substances (General) Regulations 2004
VIC Occupational Health and Safety Act 2004 Occupational Health and Safety Regulations 2007
TAS Workplace Health and Safety Act 1995 Workplace Health and Safety Regulations 1998
SA Occupational Health, Safety and Welfare Act 1986 Occupational Health, Safety and Welfare (SafeWork SA) Amendment Act 2005 Occupational Health, Safety and Welfare Regulations 1995
WA Occupational Safety and Health Act 1984 Occupational Safety and Health Regulations 1996
NT Workplace Health and Safety Act 2007 Workplace Health and Safety Regulations 2008

Acts for all mainland state and territories relating to safety, health and welfare in the workplace. Regulations for all mainland states and territories relating to asbestos in the workplace and responsibilities that certain people have.

What is asbestos?

Asbestos is a naturally occurring mineral rock that was mined in Australia from the 1940s to late 1980s and used in a variety of materials and products. Unlike other rocks made up of small particles, asbestos is made up of fibres so thin that they can be invisible to the unaided eye. If asbestos materials or products are disturbed, these fibres can be released into the air and remain for extended periods of time where they can be inhaled to the deepest parts of the lungs.

Asbestos was considered a valuable product due to its resistance to fire, moisture, chemicals and heat and also its suitability as an insulation material. Due to asbestos being constructed of fibres, woven asbestos materials and products such as blankets, rope and even clothing were widely used. However, it is due to the physical properties of the fibres that asbestos causes such devastating diseases in people. A national ban on asbestos came into effect on 31st December 2003.

What are the types and classes of asbestos?

There are three main types of asbestos that were used in production and still exist in materials today. The most widespread and commonly used is chrysotile also known as white asbestos which belongs to the serpentine groups. The other two main types used belong to the amphibole group and are known as amosite and crocidolite, or white asbestos and blue asbestos, respectively.

There are three other types of asbestos that have similar properties to amosite and crocidolite as they also belong to the amphibole group. They are known as actinolite, anthophyllite and tremolite and are found only in a small number materials and products in Australia.

Asbestos materials and products, regardless of what type they are made of, can be classed as either being friable or non-friable. The vast majority of asbestos materials and products are non-friable. This means that they are tightly bound in a matrix of either cement, vinyl or another material. If these products are broken and the edges are exposed there is a low risk to people breathing in dangerous amounts of fibres as the bulk of the fibres will remain bound.

Friable products are those which can be easily crushed or pulverised under hand pressure to release fibres. Another example of friability is if the product is in such a state that a weak wind can cause fibres to become airborne from the matrix. Products and materials that are considered friable in their normal state include asbestos ropes, clothing and blankets.

Where found?

Asbestos has been used in thousands of materials and products throughout Australia. They can be found almost anywhere but are most commonly found in areas likely to experience intense heat, friction or excessive wetting that would cause other products to deteriorate. Within a house or a building, asbestos is most commonly found in asbestos cement sheeting, also known as 'fibro'. Asbestos cement sheeting can be found in a flat form in internal and external walls and ceilings. A corrugated form of asbestos cement sheeting, also known as 'super six' or 'super eight', is commonly found on roofs, as fences and sometimes as external wall cladding.

Asbestos is commonly found in other places such as:

  • External guttering, downpipes and vent pipes;
  • Backing to electrical switchboards in a black product known as zelemite;
  • Vinyl sheeting and vinyl tiles used as largely for flooring;
  • Insulations to heater banks, air conditioning ducting and pipes;
  • Gaskets to pipes and pipe joins;
  • Certain paints will contain asbestos fibres such as Galbestos;
  • Brake pads and clutch pads to vehicles;
  • Mastics and glues behind wall tiles and vinyl;
  • Waterproofing in windows;
  • Roof tiles; and
  • Woven textile seals to old ovens, grillers and kitchen appliances.

Asbestos fibres have also been found in hessian carpet underlay recycled from the hessian bags that used to transport asbestos fibres from the mines.

What are the known health effects?

The related health aspects of exposure to airborne asbestos fibres has been documented in the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC:2018(2005)]. The information in this code of practice identifies Asbestos as a known carcinogen.

The inhalation of asbestos fibres is known to cause mesothelioma, lung cancer and asbestosis and other respiratory diseases. Asbestos poses a risk to health by inhalation whenever asbestos fibres become airborne and people are exposed to these fibres. Accordingly, exposure should be prevented.

Malignant mesothelioma is a cancer of the outer covering of the lung (the pleura) or the abdominal cavity (the peritoneum). It is usually fatal. Mesothelioma is caused by the inhalation of needle-like asbestos fibres deep into the lungs where they can damage mesothelial cells, potentially resulting in cancer. The latency period is generally between 35 and 40 years, but it may be longer, and the disease is very difficult to detect prior to the onset of illness.

Mesothelioma was once rare, but its incidence is increasing throughout the industrial world as a result of past exposures to asbestos. Australia has the highest incidence rate in the world.

Lung cancer has been shown to be caused by all types of asbestos. The average latency period of the disease, from the first exposure to asbestos, ranges from 20 to 30 years. Lung cancer symptoms are rarely felt until the disease has developed to an advanced stage.

Asbestosis is a form of lung disease (pneumoconiosis) directly caused by inhaling asbestos fibres, causing a scarring (fibrosis) of the lung tissue which decreases the ability of the lungs to transfer oxygen to the blood. The latency period of asbestosis is generally between 15 and 25 years.

Asbestos poses a risk to health by inhalation whenever asbestos fibres become airborne and people are exposed to these fibres. Accordingly, exposure should be prevented. The National Exposure Standard of 0.1 fibres/mL should never be exceeded, and control measures should be reassessed whenever air monitoring indicates the 'control level of 0.01 fibres/mL has been reached. The Code of Practice for the Safe Removal of Asbestos [NOHSC:2002(2005)] provides additional information on control levels.

ACM can release asbestos fibres into the air whenever they are disturbed, and especially during the following activities:

  • Any direct action on ACM, such as drilling, boring, cutting, filing, brushing, grinding, sanding, breaking, smashing or blowing with compressed air (State and Territory legislation prohibits most of these actions, and the relevant laws should be checked before performing any activity on ACM)
  • The inspection or removal of ACM from workplaces (including vehicles, plant and equipment)
  • The maintenance or servicing of materials from vehicles, plant, equipment or workplaces
  • The renovation or demolition of buildings containing ACM
  • Airborne asbestos fibres must be respirable and generated either through severe deterioration or interference and disturbance for ACM to pose a potential health risk. The degree of asbestos fibre release and inhalation exposure is in part dependent upon the matrix material binding the asbestos and its general condition.

What are my legislative requirements?

All states and territories have acts and regulations outlining the responsibilities for all people with regard to asbestos, especially in the work place. Depending upon the state or territory there is slightly different requirements and interpretation, however, a common requirement through most states and territories is that non-residential premises are required to have an asbestos register and asbestos management plan compiled to outline the location, type, condition, risk and any associated risk assessments for all onsite asbestos containing materials and products. It is a further requirement that these documents should be reviewed on a regular basis; generally no less frequent than annually.

QUEENSLAND

In accordance with the Workplace Health & Safety Act 1995 and the Workplace Health & Safety Regulations 2008, as of the 1st of January 2008, it is mandatory for all premises built prior to 1990 to have completed their workplace Asbestos Audit and to display the results of the Asbestos Audit on site.

Under Part 11, Division 3 of the Workplace Health & Safety Regulation 2008 owners of buildings and structures that are workplaces have until the 1st of January 2008 to comply with the legal requirements of the National Code of Practice for the Management & Control of Asbestos in the Workplace [NOHSC:2018 (2005)] and the National Code for the Safe Removal of Asbestos [2002: (2005)].

Under the Workplace Health & Safety Act 1995, 'owner' is defined to include a person who has control of or manages a workplace, a lessee, licensee, mortgagee in position and/or a receiver or company administrator, and so it is a very critical issue for businesses to clearly define with whom the obligation lies.

Under Part 7 of the National Code of Practice for the Management & Control of Asbestos in the Workplace [NOHSC:2018 (2005)] the owners obligations are summarised as follows:

  • Develop, implement and maintain an Asbestos Management Plan;
  • Investigate the premises for presence or possible presence of asbestos containing materials (ACM);
  • Assess the condition and associated risks of any ACM that are identified;
  • Develop measures to remove the ACM or otherwise to minimise the risks and prevent exposure to asbestos;
  • Ensure the control measures specified in the management plan are implemented as soon as possible and are maintained as long as the ACM remain in the workplace;
  • Consult with any person who may be affected by the presence of ACM such as employers, workers, contractors and occupants;
  • Provide site specific information and training within the management plan for workers, contractors and other people who may come in to contact with ACM.

For the owner of a building or structure, failure to comply with the National Asbestos Codes by the 1st of January 2008 is prosecutable under Section 24 of the Workplace Health & Safety Act 1995 - 'Discharge of Obligations' with a maximum penalty of 750 penalty units or 1 year imprisonment.

NEW SOUTH WALES

In accordance with the Occupational Health and Safety Act 2000 all forms of employers must ensure the health, safety and welfare of all employees. This means that any premises, plant, substance or system of work is free from risk to the health, safety and welfare of all employees. Employers must provide adequate information, instruction, training and supervision to ensure the health, safety and welfare of all employees. Failure to comply with these aspects of the Occupational Health and Safety Act 2000 is punishable with a maximum penalty of 5,000 penalty units in the case of a corporation not being a previous offender or 500 penalty units in the case of an individual not being a previous offender.

The Occupational Health and Safety Regulation 2001 ('the Regulation') applies to all places of work as stated by the Regulation. A controller of premises must identify any foreseeable hazard arising from the premises that has the potential to harm the health or safety of any person accessing, using or egressing from the premises. This includes hazards arising from the presence of material containing asbestos. A controller must also assess the risk of harm to health arising from any identified hazards and eliminate the risk, or if it is not reasonably practicable to do so then the risk must be controlled. These risk assessments must be reviewed under circumstances outlined by Clause 37 of the regulation. All persons with responsibilities under the Regulation must be provided with all relevant information.

For hazards arising from asbestos or asbestos-containing material, the controller must ensure that the risk assessment and control measures are carried out in accordance with the document entitled Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC:3002 (1988)] published by the NOHS Commission, as in force from time to time. A controller of premises must ensure that a register of asbestos containing materials is prepared which outlines the type, condition and location of any confirmed asbestos containing materials. Any action taken to control asbestos containing materials is recorded in the register. All occupiers of the place of work are provided with a copy of the register and any subsequent updates.

A controller of premises must ensure that a readily accessible register of hazardous substances with all relevant MSDS is kept at the employer's place of work.

An employer must ensure that any asbestos work is carried out in a manner appropriate to that work and in accordance with "Guide to the Control of Asbestos Hazards in Buildings and Structure NOHSC: 3002 (1988)]" and "Code of Practice for the Safe Removal of Asbestos [NOHSC:2002 (1988)]". An employer must ensure that atmospheric (air) monitoring is carried out if a risk assessment as described by Occupational Health and Safety Regulation 2001 indicates the need for one.

Failure to comply with aspects of the Occupational Health and Safety Act 2001 is punishable with a maximum penalty equivalent to level 4.

AUSTRALIAN CAPITAL TERRITORY

In accordance with the Work Safety Act 2008, Work Safety Legislation Amendment Act 2009 and the Dangerous Substances (General) Regulation 2004 an employer or controller of a non-residential premises must ensure that all reasonably practicable steps are taken to protect the health, safety and welfare of all employees and people entering the premises. Specifically, a person in control of a non-residential premises built prior to 31st December 2003 must have an Asbestos Management Plan developed, implemented and maintained for the premises. In particular, the Asbestos Management Plan must contain, but not be limited to containing:

  • An asbestos register
  • Information about the location, type, condition, risks posed and control measures for each product
  • Details of the locations of warning signs
  • Details for safe work methods
  • Details of decision made for the management of the product
  • Details of arrangement for dealing with all incidents relating to asbestos products
  • A timetable for managing risks
  • Details of atmospheric monitoring arrangements
  • Details of any training arrangements
  • Procedures for reviewing and updating the Asbestos Management Plan and register.

A person in control of a non-residential premises must review the Asbestos Management Plan and asbestos register every 5 years or earlier if: any asbestos products have been disturbed or removed, or if a review of the register or risk assessment as outlined by the Dangerous Substances (General) Regulation 2004 determines so.

Persons in control of premises have until the following dates to comply based on the type of premises:

  • Multi-storey commercial premises - 1st of September 2008
  • Single storey commercial premises - 1st of September 2009
  • Industrial premises - 1st March 2010
  • Community or Recreational premises - 1st September 2010

Failure to comply with aspects of the Work Safety Act 2009 and the Dangerous Substances (General) Regulation 2004 is punishable by a maximum of 2000 penalty units and/or imprisonment for 7 years. Offenses against specific sections are strict liability offences.

VICTORIA

In accordance with the Occupational Health & Safety Act 2004, employers have a duty to employees to provide a safe work place. This duty requires the employer, as far as is reasonably practicable, to employ or engage persons who are suitably qualified to provide occupational health and safety advice concerning the health and safety of employees.

More specifically, in accordance with the Occupational Health and Safety Regulations 2007, a person who manages or controls a workplace must, so far as is reasonably practicable, identify all asbestos containing materials (ACM) at the workplace and have them recorded in an asbestos register. The asbestos register must contain, but not be limited to containing, the location, type, friability, condition of the ACM and any activities likely to disturb it. The register must also contain the date of each identification and any areas that were not accessible but likely to contain asbestos. A person who manages or controls a workplace must have the asbestos register reviewed and revised every 5 years or earlier, where there have been any changes to the condition, enclosure, sealing or presence of ACM.

As stated within Chapter 4, Part 4.3, Division 5, Subdivision 3 of the Occupational Health and Safety Regulations 2007, an employer at any workplace must obtain the asbestos register from the manager or controller of the premises and see to it that all ACM are identified, including those that form part of any plant.

Failure to comply with certain aspects of the Occupational Health and Safety Act 2004 and/or the Occupational Health and Safety Regulations 2007 is prosecutable with a maximum penalty of 1800 penalty units for natural persons and 9000 penalty units for body corporate.

TASMANIA

In accordance with the Workplace Health and Safety Act 1995 an employer must ensure that while an employee is at work they are safe from injury and health risks. More specifically, in accordance with the Workplace Health and Safety Regulations 1998, an accountable person who has management or control of a workplace must ensure that all reasonably practicable steps are taken to identify all asbestos containing materials (ACM) within the workplace and that a risk assessment is conducted on each.

The accountable person must ensure that an asbestos register is developed, implemented and maintained and that all identified ACM are regularly inspected to monitor and deterioration in condition. The asbestos register must form part of an Asbestos Management Plan; both of these documents should be created and suitably assessed by a qualified occupational hygienist. The register must be made available on request to all relevant people as identified by the Workplace Health and Safety Regulations 1998; furthermore, they must also be informed of the presence of ACM within the premises. Signs and/or labels should be affixed to alert the relevant people to the location of ACM.

Failure to comply with aspects of the Workplace Health and Safety Act 1995 and/or the Workplace Health and Safety Regulations 1998 is punishable with a maximum penalty of 500 penalty units for natural persons or 1500 penalty units for body corporate.

SOUTH AUSTRALIA

In accordance with the Occupational Health, Safety and Welfare Act 1986 and the Occupational Health, Safety and Welfare (SafeWork SA) Amendment Act 2005 an employer must ensure that all employees are safe from injury and risks to health while at work and provide any information, instruction, training and supervision against specific hazards or risks. Such hazards or risks include asbestos. An employer must also ensure that any accommodation, or eating, recreational or other facility provided for employees is maintained in a safe and healthy condition.

Owners of buildings and other persons in possession of asbestos must in accordance with the Occupational Health, Safety and Welfare Regulations 1995, by the use of a competent person, identify all asbestos that is installed in their building. They must also ensure that policies and procedures are established to control the asbestos and prevent the exposure of any person to airborne fibres. These policies must address the stability of the asbestos, measures for restricting access to asbestos, measures to prevent disturbance of asbestos, warning labels and signs, regular inspections of the asbestos at least annually and work practices in the vicinity of asbestos. Furthermore, owners must also maintain an asbestos register identifying the type, condition and location of the asbestos. A copy of the register and any future alterations must also be supplied to the occupier of the building (where applicable).

Failure to comply with certain aspects of the Occupational Health, Safety and Welfare Act 1986, the Occupational Health Safety and Welfare (SafeWork SA) Amendment Act 2005 and/or the Occupational Health, Safety and Welfare Regulations 1995 is punishable with a maximum penalty of $600,000 for a body corporate or an administrative unit in the Public Service of the State or $200,000 in any other case.

WESTERN AUSTRALIA

In accordance with the Occupational Safety & Health Act 1984 an employer shall provide and maintain a working environment in which employees are not exposed to hazards. Such hazards include asbestos containing materials. An employer must also provide employees with information, instruction, training and supervision so that they are able to perform their work in such a manner that they are not exposed to hazards. Failure to comply with these aspects of the Occupational Safety and Health Act 1984 is punishable with a maximum penalty ranging from $100,000 to $250,000 and imprisonment for 2 years for an individual in the first offence or $200,000 to $500,000 and imprisonment for 2 years for a body corporate in the first offence.

As is stipulated by the Occupational Safety and Health Regulations 1996, a person at a workplace who is an employer, main contractor, a self-employed person or the person having control of the workplace must ensure that the presence and location of asbestos at the workplace is identified. The processes for identification and assessment of risks must be conducted in accordance with the Code for the Management and Control of Asbestos in the Workplace [NOHSC:2018 (2005)] and by someone who is considered competent in the identification of asbestos. An accurate register which contains information on the identification, risk assessment and control measures of all asbestos found on site must be compiled and maintained. The register, including any risk assessments, should be updated at least every 12 months. Areas which contain asbestos containing materials must be suitably labelled with warning signs specifying so. Failure to comply with this aspect of the Occupational Safety and Health Regulations 1996 is punishable with a $25,000 fine in the case of an individual for a first offence or $50,000 in the case of a body corporate for a first offence.

NORTHERN TERRITORY

In accordance with the Workplace Health and Safety Act 2007 an employer has the duty to ensure that workers and others on the worksite are not exposed to health and safety risks arising from the employer's business. It is the responsibility of the employer to ensure that all hazards and the seriousness of each are identified. Furthermore, the employer must determine, implement and review appropriate control measures to, as far as is reasonably practicable, minimise or eliminate any risks associated with the hazard.

Al reasonably practicable steps must be taken by the employer to ensure that all workplace infrastructure, equipment and materials are safe and that all involved workers are instructed in the use of and warned about the risks associated with any such infrastructure, equipment and materials. Moreover, if workplace materials are poisonous, adequate toxicological information must be made available. These duties extend to anyone who may own such infrastructure, equipment and materials such as the owner of a building. Failure to comply with these aspects of the Workplace Health and Safety Act 2007 is punishable with a maximum penalty of 1,000 penalty units or imprisonment for 2 years.

The Workplace Health and Safety Regulations 2008 outline that before a building or structure is demolished, the person carrying out the demolition must determine whether asbestos is present within the building or structure and that it is removed in accordance with these regulations.

Who can remove asbestos?

If the amount of asbestos materials or products to be removed is less than 10m2 then someone with an asbestos removal certificate is not required. However, the methods outlined in the Code of Practice for the Safe Removal of Asbestos [NOHSC:2002 (2005) must still be adhered to by the person undertaking the removal. For removal of bonded asbestos materials or products of more than 10m2 someone with a Class B removal certificate must be used. Friable or loosely bound materials and products must only be removed by someone who has a Class A removal certificate.

Where can asbestos be disposed?

It is important to check with your local council where asbestos waste can be disposed. Your local council will be able to tell you of an approved rubbish tip that will receive the waste along with any other important information. Alternatively, asbestos removal companies can be hired to remove asbestos waste from site and dispose of it in an appropriate manner. It is important that all asbestos waste is wrapped in two layers of plastic no less than 200µm (0.2mm) thick before being transported.