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Obligations/Cwlth + states

Asbestos management — workplace + dwelling rules (state)

Asbestos work requires licensed asbestos removalist + asbestos management plan.

Commonwealth and state law together

Workplace asbestos duties sit in each jurisdiction's WHS (or OHS) law, including the Commonwealth's for Commonwealth workplaces; rules for dwellings and removal licensing differ by state. Check the rules in each state or territory where you operate.

criticalcurrentongoingCriminal liability

Who must comply

PCBUs with asbestos on premises; asbestos removalists.

What triggers it

Identified asbestos; planned removal.

When due

Continuous management; before any work.

Evidence required

Asbestos register + management plan; removalist licence; clearance certificate.

Max penalty

Substantial state-based fines + criminal liability for serious breaches

Who must comply with this? The applicability test by industry, business structure and size.

Summary

Each state has asbestos rules (Vic Asbestos Regulations under OHS Act; NSW WHS Reg Ch 8; etc.). Friable asbestos (Class A) + non-friable (Class B) work requires licensed asbestos removalist. Workplaces with asbestos require management plan + register.

Enforced by

Source legislation

Industries

Topics

whsasbestos

Related

Frequently asked questions

Who must comply with Asbestos management — workplace + dwelling rules (state)?
PCBUs with asbestos on premises; asbestos removalists.
What triggers Asbestos management — workplace + dwelling rules (state)?
Identified asbestos; planned removal.
When is Asbestos management — workplace + dwelling rules (state) due?
Continuous management; before any work.
What is the maximum penalty for Asbestos management — workplace + dwelling rules (state)?
Substantial state-based fines + criminal liability for serious breaches
What evidence is required for Asbestos management — workplace + dwelling rules (state)?
Asbestos register + management plan; removalist licence; clearance certificate.

Source: https://safeworkaustralia.gov.au/safety-topic/hazards/asbestos. Rules Mate is not a law firm. Always verify against the live regulator source before acting.