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A person with management or control of a workplace must ensure asbestos at the workplace is identified, the location of asbestos is clearly indicated and recorded in a register and have a written asbestos management plan if asbestos has been identified at the workplace (or is likely to be there at times).
An asbestos register is not required if the building was constructed after 31 December 1989 and no asbestos has been identified at the workplace and asbestos is not likely to be present.
The asbestos register must be maintained so the information in the register is up-to-date and be readily accessible to businesses or contractors carrying out demolition, removal, refurbishment, maintenance or service work at the workplace.
A person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or asbestos-containing materials (ACM) at the workplace is identified by a competent person who has acquired through training, qualification or experience the knowledge and skills to carry out this task. Where a sample of suspected ACM is taken, this does not have to be carried out by a licensed asbestos removalist.
The requirement to ensure asbestos or ACM at the workplace is identified by a competent person does not apply:
If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.
Persons who may be considered to be competent in the identification of asbestos and ACM include:
If there is not a competent person within the organisation an external competent person should be engaged. The steps a competent person should follow to take a sample of suspected ACM are outlined in Appendix A of the How to Manage and Control Asbestos in the Workplace Code of Practice 2021 (PDF 669 KB).
A person with management or control may have reasonable grounds to believe that asbestos or ACM is not present at a workplace.
Factors to consider include:
Examples of reasonable grounds include:
A person with management or control of a workplace must ensure an asbestos register is prepared and kept at the workplace. The asbestos register must record any asbestos or ACM identified at the workplace or likely to be present from time to time.
An asbestos register is not required if:
It is important to note that even if no asbestos is identified, or is determined not to be present based on reasonable grounds, the register must state that no asbestos or ACM is identified or present at the workplace.
The register must be kept up-to-date and be readily accessible to workers and others at the workplace. The register must be reviewed at least once every five years or earlier if:
If a person with management or control of a workplace intends to relinquish management or control, they must ensure, so far as is reasonably practicable, that a copy of the asbestos register is given to the person (if any) assuming management or control of the workplace.
Section 7 of the Work Health and Safety Regulation 2011 excludes most strata title bodies corporate from being a 'person conducting a business or undertaking' under the Work Health and Safety Act 2011. Unless a strata title body corporate for a residential unit/townhouse complex engages a worker as an employee (employee being the key term) they are not a 'person conducting a business or undertaking', and therefore the asbestos register requirement under the WHS Regulation 2011 does not apply. If a strata title body corporate is excluded from being regarded as a 'person conducting a business or undertaking', then the strata title body corporate cannot be regarded as a person with management or control of a workplace under the WHS Regulation 2011.
View more information about strata title bodies corporate on the Apartment owner occupiers and bodies corporate web page.
Samples of material suspected of containing asbestos must be analysed by a National Association of Testing Authorities (NATA) laboratory accredited for the relevant test method, or a laboratory approved or operated by Workplace Health and Safety Queensland. The NATA website lists accredited laboratories to perform asbestos analysis.
Please note, the use of near infrared (NIR) handheld analyser for the identification of asbestos-containing materials (ACM) is not an appropriate test method. View our Safety alert in relation to the risks of use of NIR.
A person with management or control of a workplace must ensure that the presence and location of asbestos or ACM is clearly indicated, and where it is reasonably practicable to do so, by using labels. In some circumstances, it may be more appropriate to use warning signs. More information about labels and warning signs can be found in the How to Manage and Control Asbestos in the Workplace Code of Practice 2021 (PDF 1.1 MB).
A person with management or control of a workplace must ensure the asbestos register is reviewed and revised if it is not adequate before demolition, refurbishment, maintenance or service work occurs on:
A copy of the register must be given to the business or contractor that will be carrying out demolition, refurbishment, maintenance or service work at the workplace before the work starts.
The business or contractor carrying out demolition, refurbishment, maintenance or service work at a workplace must obtain a copy of the register before the work starts. If there is no register for the structure or plant, the business carrying out the demolition, refurbishment, maintenance or service work must not start the work until the structure or plant has been inspected to determine whether asbestos or ACM is present.
For any asbestos removal carried out a workplace which is not domestic premises, the asbestos removalist must obtain a copy of the asbestos register before the removal work is carried out.
More information about asbestos registers and asbestos management plans can be found in the How to Manage and Control Asbestos in the Workplace Code of Practice 2021 (PDF 1.1 MB).