Code of Practice — Managing and Controlling Asbestos in Workplaces

The full title is the Code of Practice: How to Manage and Control Asbestos in the Workplace, published by Safe Work Australia. The code becomes legally binding from 1 July 2026 under Section 26A of the WHS Act. The code applies to all persons with management or control of a workplace, which includes building owners, lessees, managing agents, employers occupying premises, and PCBUs who manage workplaces. It does not cover asbestos removal work, which is addressed by a separate code. The code covers the identification of asbestos-containing materials through surveys by competent assessors, the preparation and maintenance of an asbestos register, the development and implementation of an asbestos management plan, the labelling and signage requirements for identified asbestos materials, the assessment and monitoring of asbestos condition, and the provision of information to workers and contractors about the presence and location of asbestos in the workplace.

The code applies to every person with management or control of a workplace that was constructed before 2004, because these buildings may contain asbestos-containing materials. Building owners and managers are the primary duty holders for asbestos registers and management plans. Lessees who have management or control of the workplace share the obligation. Employers who occupy premises in older buildings must have access to the asbestos register and incorporate its information into their safety management systems. PCBUs who engage contractors to perform work in buildings containing asbestos must ensure the contractors are informed of the asbestos locations before work commences. Maintenance and facilities management companies who work in multiple buildings must check the asbestos register for each building before performing any work that could disturb asbestos-containing materials. The code also applies to workers who may encounter asbestos during their work and must be able to recognise asbestos-containing materials and respond appropriately.

The code requires persons with management or control of a workplace to identify all asbestos-containing materials through a survey conducted by a competent assessor. The survey must cover all accessible areas and must identify the type of asbestos, the material in which it is present, the location, the condition, and the accessibility. An asbestos register must be prepared and maintained documenting all identified or assumed asbestos-containing materials, and must be kept at the workplace and made available to any person who requests it. An asbestos management plan must be developed that documents how the identified asbestos will be managed, including the risk assessment for each identified material, the control measures in place, the review and monitoring schedule, and the procedures for managing damage or deterioration. The condition of asbestos-containing materials must be assessed at intervals not exceeding five years, or sooner if the material is in a location where damage or disturbance is likely. Workers must be informed about the presence of asbestos and trained in asbestos awareness appropriate to their role.

First, verify that a comprehensive asbestos survey has been conducted by a competent assessor for every workplace constructed before 2004, and commission surveys for any buildings that have not been assessed or where the existing survey is more than five years old. Second, review the asbestos register for completeness, accuracy, and accessibility, ensuring it documents every identified or assumed asbestos-containing material with its type, location, condition, and current management approach. Third, develop or update the asbestos management plan to align with the code's requirements, including risk assessments for each identified material, documented control measures, a condition monitoring schedule, and procedures for managing accidental damage or deterioration. Fourth, implement an asbestos awareness training program for all workers who may encounter asbestos-containing materials, covering identification of common asbestos products, the health risks of asbestos exposure, the location of the asbestos register, and the procedure for reporting suspected damage or disturbance. Fifth, integrate asbestos register information into contractor management processes, ensuring that all contractors receive and acknowledge the asbestos register before commencing any work that could disturb building fabric.

Asbestos exposure causes fatal diseases with latency periods of 20 to 50 years, meaning that today's management failures will cause deaths decades from now. After 1 July 2026, failure to maintain an asbestos register, failure to prepare an asbestos management plan, and failure to provide asbestos information to workers and contractors will each constitute standalone offences. Category 2 penalties of up to $1,731,500 for a body corporate apply where workers or other persons are exposed to asbestos fibres through inadequate management. Uncontrolled asbestos disturbance can trigger environmental protection enforcement in addition to WHS penalties. The reputational damage from an asbestos exposure incident is severe and long-lasting, with affected workers and their families pursuing civil claims that extend over decades. Building owners who fail to maintain asbestos registers face civil liability in addition to regulatory penalties. All WHS penalties are uninsurable in NSW since 10 June 2020.