Asbestos Removal Licence: Class A (Friable) vs Class B (Non-Friable) Under WHS Regulations

The three asbestos licences under the model WHS Regulations

Chapter 8 of the model WHS Regulations establishes three distinct asbestos licences. These are Class A removal, Class B removal, and Asbestos Assessor. Employers have a WHS primary duty (s.19) to ensure the health and safety of workers, which includes managing the risks associated with asbestos. Asbestos manufacture, supply, transport, storage, use, reuse and installation has been banned in Australia since 31 December 2003.

A Class A asbestos removalist holds the highest level of accreditation and is authorised to remove any asbestos or asbestos containing material (ACM), regardless of whether it is friable or non-friable. A Class B asbestos removalist’s scope is more limited; they are permitted to remove only non-friable asbestos and ACM, along with any contaminated dust or debris generated during that removal.

The Asbestos Assessor licence allows holders to perform specific tasks related to asbestos management, including air monitoring, clearance inspections, and issuing clearance certificates for Class A work. Note that the model regulations have been adopted by every state except WA (which has its own WHS Act 2020 with equivalent licensing) and Victoria (which retains the OHS Regulations 2017). Engineered stone ban and silica regulation may also be relevant to some workplaces.

Friable vs non-friable asbestos and the 10 sqm threshold

Friable asbestos is asbestos containing material that, when dry, can be crumbled, pulverised or reduced to powder by hand pressure. Non-friable (bonded) asbestos has the fibres held in a solid binding compound such as cement sheet, vinyl tiles or roofing. The GHS classification of hazardous chemicals applies to asbestos.

A licence is not required to remove 10 square metres or less of non-friable asbestos, except in the ACT where any removal requires a licence. Removing more than 10 square metres of non-friable asbestos requires a Class B (or Class A) licence under regulation 458. Silica dust controls are relevant to dust management during asbestos removal.

Any quantity of friable asbestos can only be removed under a Class A licence (regulation 458). Even unlicensed sub-10 sqm removal must comply with control of risks under WHS Regulations Chapter 8, including the use of a written removal plan and PPE.

Notification, air monitoring and clearance certificates

Licensed asbestos removalists are required to notify the relevant WHS regulator at least five days prior to commencing licensed removal work. This notification requirement applies to both Class A (friable) and Class B (non-friable) asbestos removal. Workers’ compensation requirements vary by state; see Workers compensation by state and Comcare federal workers compensation for more information.

For Class A asbestos removal work, air monitoring is mandatory. This monitoring must be conducted by an independent licensed asbestos assessor or a competent person. The exposure standard for airborne asbestos is 0.1 fibres per millilitre of air, measured as an 8-hour time-weighted average. Records of all air monitoring must be retained for a minimum of 40 years, to support potential workers' compensation and occupational disease claims.

Following asbestos removal, a clearance inspection must be performed before the area can be returned to normal use. A clearance certificate, issued in writing, confirms the area is safe. Health monitoring is also required for workers undertaking licensed asbestos removal work who are at risk of exposure.

PCBU and property duties

The Persons Conducting Business Activities (PCBU) with management or control of a workplace constructed prior to 31 December 2003 have specific obligations. These include preparing and maintaining a current asbestos register (regulation 425) and developing a written asbestos management plan where asbestos is identified or reasonably assumed to be present (regulation 429). Failure to adhere to these requirements can lead to significant penalties. WHS industrial manslaughter by state and Industrial manslaughter laws by state highlight the serious consequences of non-compliance with WHS regulations.

For Class A (friable) asbestos removal, a supervisor with the appropriate licence must be present at the workplace during work. Class B (non-friable) asbestos removal requires that a supervisor be readily available to the workers undertaking the removal. The presence or availability of a supervisor is a critical safety measure.

Penalties for undertaking asbestos removal work without a valid licence are substantial. Under the model WHS Regulations, individuals may face penalties exceeding $30,000, while body corporates can be penalised over $150,000. The Australian Capital Territory (ACT) maintains a particularly stringent approach, mandating the use of a licensed removalist for any quantity of asbestos removal under the WHS (General) Regulation 2011.