Sanctions against asbestos licence holders

In July 2023, an asbestos assessor licence was cancelled with a disqualification period of 12 months before the person could re-apply for a licence, as the licence holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Act 2011 (the Act) and the Work Health and Safety Regulation 2011 (the Regulation) were identified as evidence of asbestos removal work not being conducted a competent and safe manner: 

• Primary duty of care – s. 19(2) of the Act
• Clearance Certificates – s. 474(4)(a) of the Regulation

In July 2023, a Class B asbestos removal licence was cancelled with a disqualification period of 12 months before the PCBU could re-apply for a license, as the license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted a competent and safe manner:

• PCBU must not carry out, or direct or allow worker to carry out work involving asbestos – s. 419(1)
• failure to ensure that health monitoring is provided to workers – s. 435.
• failure to minimise exposure to asbestos fibres - s. 410(1)
• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s. 446(3)
• failure to identify and remove asbestos before demolition of domestic premises – s. 453(1)
• failure to train workers about asbestos – s. 445(1)
• failure to notify the Regulator about asbestos removal at least 5 days prior to commencing work – s. 466(1)
• failure to use signage and barricades – s. 469
• Decontamination facilities – s. 471(1)
• failure to ensure that a clearance inspection of the asbestos removal area is carried out by an independent person – s. 474A(2)

In May 2023, a Class B asbestos removal licence was suspended as the license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently. The licence was suspended for a period of 3 months and the duty holder was required to undertake the training unit CPCCDE314 Remove non-friable asbestos.

The following contraventions of the Work Health and Safety Act 2011 (the Act) and the Work Health and Safety Regulation 2011 (the Regulation) were identified as evidence of asbestos removal work not being conducted a competent and safe manner:

• • Primary duty of care – s. 19(1) and s. 19(2) of the Act
• • Requirement to hold class A asbestos removal licence – s. 485(1) of the Regulation

In January 2022, a Class B asbestos removal licence was cancelled with a disqualification period of 12 months before the PCBU could re-apply for a license. The license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to ensure that health monitoring is provided to workers – s.435
• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s.446(3)
• failure to ensure so far as is reasonably practicable all asbestos likely to be disturbed by demolition of domestic premises if removed before demolition commences – s.453(1)
• failure to have asbestos removal control plan (ARCP) – s.464(1)
• failure to notify the Regulator about asbestos removal at least five days prior to commencing work – s.466(1)
• failure to use signage and barricades – s.469 failure to isolate, contain and dispose of asbestos waste – s.472(1).

In November 2021, a Class A asbestos removal licence holder's conduct was reviewed by WHSQ. The licence holder was reminded in writing of their obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011. While no sanctions were imposed at this time, the licence holder was warned that non-compliance with the legislation is an offence and may result in the application of various sanctions, including the suspension or cancellation of their asbestos removal licence.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to minimise exposure to asbestos fibres – s.420(1)
• failure to notify the Regulator about asbestos removal at least five days prior to commencing work – s.466(1).

In October 2021, a Class B asbestos removal licence was suspended as the license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently. The licence was suspended indefinitely until the licence holder removes and disposes of the asbestos stored at their workplace at an authorised asbestos waste site.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• PCBU must not carry out, or direct or allow worker to carry out work involving asbestos – s.419(1)
• failure to isolate, contain and dispose of asbestos waste – s.472(1).

In August 2020, a Class B asbestos removal licence was suspended for nine months as the license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to minimise exposure to asbestos fibres – s.420(1)
• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s.446(3)
• failure to ensure a copy of the asbestos removal control plan (ARCP) is given to person who commissioned asbestos removal work – s.464(3)
• failure to ensure that nothing likely to be contaminated with asbestos is removed from the asbestos removal areas unless decontaminated or sealed in decontaminated and labelled container – s.471(2)
• failure to isolate, contain and dispose of asbestos waste – s.472(1)
• failure to ensure a clearance inspection of the asbestos removal area is carried out – s.473(2).

In August 2020, a Class A asbestos removal licence holder's conduct was reviewed by WHSQ. The licence holder was reminded in writing of their obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011. While no sanctions were imposed at this time, the licence holder was warned that non-compliance with the legislation is an offence and may result in the application of various sanctions, including the suspension or cancellation of their asbestos removal licence.

The following contravention of the Work Health and Safety Regulation 2011 was identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to isolate, contain and dispose of asbestos waste – s.472(1).

In September 2020, a Class B asbestos removal licence was suspended for 18 months as the license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted a competent and safe manner:

• failure to minimise exposure to asbestos fibres – s.420(1)
• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s.446(3)
• failure to ensure so far as is reasonably practicable all asbestos likely to be disturbed by demolition of domestic premises if removed before demolition commences – s.453(1)
• failure to ensure appropriate training provided to workers to ensure work carried out in accordance with asbestos removal control plan (ARCP) – s.460(2)
• failure to isolate, contain and dispose of asbestos waste – s.472(1).

In March 2020, a Class B asbestos removal licence was cancelled with a disqualification period of 12 months before the PCBU could re-apply for a license. The license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• PCBU must not carry out, or direct or allow worker to carry out work involving asbestos – s.419(1)
• failure to minimise exposure to asbestos fibres – s.420(1)
• failure to ensure, so far as is reasonably practicable, that all asbestos or ACM is identified by competent person – s.422(1)
• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s.446(3)
• for asbestos related work, failure to isolate, contain and dispose of asbestos waste – s.484(1).

In November 2019, a Class A asbestos removal licence was cancelled with a disqualification period of 12 months before the PCBU could re-apply for a licence. The licence holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• PCBU must not carry out, or direct or allow worker to carry out work involving asbestos – s.419(1)
• failure to minimise exposure to asbestos fibres – s.420(1)
• failure to ensure an asbestos register is prepared and kept at the workplace – s.425(1)
• failure to ensure that health monitoring is provided to workers – s.435
• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s.446(3)
• failure to isolate, contain and dispose of asbestos waste – s.472(1).

In October 2019, a Class B asbestos removal licence was suspended for six months as the license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s.446(3)
• failure to ensure so far as is reasonably practicable all asbestos likely to be disturbed by demolition of domestic premises if removed before demolition commences – s.453(1)
• failure of workers to have completed specified asbestos removal training – s.460(1)
• failure to have asbestos removal control plan (ARCP) – s.464(1)
• failure to notify the Regulator about asbestos removal at least five days prior to commencing work – s.466(1)
• failure to use signage and barricades – s.469.

In October 2019, a Class B asbestos removal licence holder's conduct was reviewed by WHSQ. The licence holder was reminded in writing of their obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011. While no sanctions were imposed at this time, the licence holder was warned that non-compliance with the legislation is an offence and may result in the application of various sanctions, including the suspension or cancellation of their asbestos removal licence.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to ensure that the removal of friable asbestos or asbestos contaminated dust or debris at a workplace is carried out by a person that holds a Class A asbestos removal licence – s.485.

In September 2019, it was proposed that a Class B asbestos removal licence be cancelled with a disqualification period of 12 months before the PCBU could re-apply for a licence. The licence holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently. During the submission process, the licence holder de-registered the legal entity which resulted in the licence no longer being valid and therefore no further sanctioning occurred.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to ensure so far as is reasonably practicable all asbestos likely to be disturbed by demolition of domestic premises if removed before demolition commences – s.453(1)
• failure to have asbestos removal control plan (ARCP) – s.464(1)
• failure to notify the Regulator about asbestos removal at least five days prior to commencing work – s.466(1)
• failure to isolate, contain and dispose of asbestos waste – s.472(1)
• failure to keep the licence document available for inspection under the Act – s.505(1).

In September 2019, a Class B asbestos removal licence was cancelled with a disqualification period of 12 months before the PCBU could re-apply for a license. The license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to ensure so far as is reasonably practicable all asbestos likely to be disturbed by refurbishment of domestic premises if removed before refurbishment commences – s.457
• failure to have asbestos removal control plan (ARCP) – s.464(1)
• failure to notify the Regulator about asbestos removal at least five days prior to commencing work – s.466(1)
• failure to ensure a clearance inspection of the asbestos removal area is carried out – s.473(2)
• failure to ensure that the removal of friable asbestos or asbestos contaminated dust or debris at a workplace is carried out by a person that holds a Class A asbestos removal licence – s.485.

In September 2019, a Class A asbestos removal licence holder's conduct was reviewed by WHSQ. The licence holder was reminded in writing of their obligations under the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011. While no sanctions were imposed at this time, the licence holder was warned that non-compliance with the legislation is an offence and may result in the application of various sanctions, including the suspension or cancellation of their asbestos removal licence.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to ensure so far as is reasonably practicable all asbestos likely to be disturbed by demolition of domestic premises if removed before demolition commences – s.453(1).

In May 2019, a Class B asbestos removal licence was suspended for six months, with the licence only to be reinstated upon completion of mandatory asbestos training delivered by WHSQ. The licence holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure of workers to have completed specified asbestos removal training – s.460(1)
• failure to notify the Regulator about asbestos removal at least five days prior to commencing work – s.466(1)
• failure to isolate, contain and dispose of asbestos waste – s.472(1).

In November 2018, a Class B asbestos removal licence was cancelled with a disqualification period of 12 months before the PCBU could re-apply for a licence. The licence holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to minimise exposure to asbestos fibres – s.420(1)
• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s.446(3)
• failure to have asbestos removal control plan (ARCP) – s.464(1)
• failure to dispose of asbestos waste – s.472(1)
• failure to ensure a clearance inspection of the asbestos removal area is carried out – s.473(2).

In November 2018, a Class B asbestos removal licence was suspended for six months as the license holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to isolate, contain and dispose of asbestos waste – s.472(1)

Six non-asbestos related contraventions resulting in the issuing of statutory notices were also taken into consideration.

In August 2018, a Class B asbestos removal licence was cancelled with a disqualification period of 12 months before the PCBU could re-apply for a licence. The licence holder failed to ensure that the work or other activities authorised by the licence were carried out safely and competently. In September 2019, following the end of the disqualification period, the PCBU applied for a new Class B asbestos removal licence, which was refused.

The following contraventions of the Work Health and Safety Regulation 2011 were identified as evidence of asbestos removal work not being conducted in a competent and safe manner:

• failure to provide workers with personal protective equipment – s.44
• failure to minimise exposure to asbestos fibres – s.420(1)
• failure to ensure that health monitoring is provided to workers - s435
• using, directing or allowing a worker to use prohibited equipment (power tools, brooms or any other implement that cause the release of airborne asbestos into the atmosphere) unless the use of the equipment is controlled – s.446(3)
• failure of workers to have completed specified asbestos removal training – s.460(1)
• failure to have asbestos removal control plan (ARCP) – s.464(1)
• failing to ensure that relevant persons are told that asbestos removal work is to be carried out at the workplace and when the work is to commence – s.468(3)
• failure to use signage and barricades – s.469
• failure to limit access to asbestos removal area – s.470
• failure to have adequate decontamination facilities – s.471(1)
• failure to dispose of asbestos waste – s.472(1)
• failure to ensure that the removal of friable asbestos or asbestos contaminated dust or debris at a workplace is carried out by a person that holds a Class A asbestos removal licence – s.485.

Six non-asbestos related contraventions resulting in the issuing of statutory notices were also taken into consideration.