WHS Regulation 2025, Part 8.1

Regulation

Asbestos identified or likely present

Trigger

Pre-2004 buildings assumed to contain asbestos

Building Age

Competent person

Inspection By

Required if asbestos identified

Management Plan

Every 5 years or when changed

Review

You need an asbestos register if you are the person with management or control of a workplace and asbestos or asbestos-containing material is identified or is likely to be present at the workplace. The obligation falls on the person with management or control, which is typically the building owner, managing agent, lessee, or the PCBU that controls the workplace. The asbestos register must be prepared by a competent person who has inspected the workplace to identify any asbestos or asbestos-containing material. For buildings constructed before 31 December 2003, asbestos is likely to be present and an inspection must be conducted. Common locations for asbestos-containing materials include roof sheeting, eave linings, wall cladding, fencing, vinyl floor tiles, pipe lagging, electrical switchboard backing, gaskets, and fire doors. The register must identify the location, type, and condition of all identified or assumed asbestos-containing materials.

You do not need an asbestos register if your workplace is in a building constructed entirely after 31 December 2003 using materials that do not contain asbestos, and no subsequent renovation or maintenance has introduced asbestos-containing materials. Buildings constructed after the total asbestos ban should not contain asbestos, although cases of non-compliant imported building materials containing asbestos have been identified in recent years. If your workplace is in a post-2003 building, the risk is low but not zero. You also do not need an asbestos register if a competent person has inspected the workplace and confirmed that no asbestos or asbestos-containing material is present. This finding must be documented and the documentation must be kept as evidence that the obligation to prepare a register has been addressed. Domestic premises that are not used as workplaces are not covered by the WHS Regulation, although separate state and territory regulations may apply.

In addition to the asbestos register, the person with management or control of a workplace must prepare an asbestos management plan if asbestos or asbestos-containing material is identified at the workplace. The management plan must identify the asbestos and its location as recorded in the register. It must include the decisions and reasons for decisions about the management of the asbestos, including whether it will be left in place and managed, encapsulated, enclosed, or removed. It must include the procedures for managing any incidents, accidents, or emergencies involving the asbestos. It must include the workers who may be involved in the management of asbestos and their roles and responsibilities. It must include the procedures for informing workers, contractors, and visitors about the presence and location of asbestos. The management plan must be reviewed whenever asbestos is disturbed, removed, or sealed, whenever the register is revised, or at least every five years.

Before any demolition, renovation, maintenance, or repair work is carried out on a building constructed before 2004, the person commissioning the work must identify whether asbestos is present in the area where the work will be carried out. This requires reference to the asbestos register and, if the register does not cover the specific area, a targeted inspection by a competent person. If asbestos-containing material will be disturbed by the work, the material must be removed by a licensed asbestos removalist before the other work commences. Friable asbestos removal requires a Class A licence. Non-friable asbestos removal exceeding 10 square metres requires a Class B licence. Air monitoring by a licensed asbestos assessor is mandatory during friable asbestos removal and recommended during non-friable removal. The asbestos register must be updated after any removal work to reflect the current status of asbestos at the workplace. Failure to identify and manage asbestos before disturbing it can result in worker exposure, environmental contamination, and significant regulatory penalties.