Code of Practice How to manage and control asbestos in the workplace
SafeWork NSW
This Code of Practice on how to manage and control asbestos in the workplace is an approved code of practice under section 274 of the Work Health and Safety Act (the WHS Act).
An approved code of practice provides practical guidance on how to achieve the standards of work health and safety required under the WHS Act and the Work Health and Safety Regulation (the WHS Regulation) and effective ways to identify and manage risks.
A code of practice can assist anyone who has a duty of care in the circumstances described in the code of practice. Following an approved code of practice will assist the duty holder to achieve compliance with the health and safety duties in the WHS Act and WHS Regulation, in relation to the subject matter of the code of practice. Like regulations, codes of practice deal with particular issues and may not cover all relevant hazards or risks. The health and safety duties require duty holders to consider all risks associated with work, not only those for which regulations and codes of practice exist.
Codes of practice are admissible in court proceedings under the WHS Act and WHS Regulation. Courts may regard a code of practice as evidence of what is known about a hazard, risk, risk assessment or risk control and may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates. For further information see the Interpretive Guideline: The meaning of ‘reasonably practicable’.
Compliance with the WHS Act and WHS Regulation may be achieved by following another method, if it provides an equivalent or higher standard of work health and safety than
the code.
An inspector may refer to an approved code of practice when issuing an improvement or prohibition notice.
This Code is intended to be read by a person conducting a business or undertaking (PCBU). It provides practical guidance to PCBUs on how to manage risks associated with asbestos, asbestos containing material (ACM) and asbestos-contaminated dust or debris (ACD) at the workplace and thereby minimise the incidence of asbestos-related diseases such as mesothelioma, asbestosis and lung cancer.
This Code provides information on how to identify the presence of asbestos at the workplace (including where work is being carried out by a PCBU at a residential premise) and how to implement measures to eliminate or minimise the risk of exposure to airborne asbestos fibres.
It is recommended that other duty holders—for example a PCBU who commissions asbestos removal work at a workplace (PCBU who commissions removal work)—should read this Code to ensure they are aware of mandatory requirements.
This Code may be used by workers and their health and safety representatives and other people affected by asbestos-related work. This Code may also be a useful reference for other persons interested in the duties under the WHS Act and WHS Regulation.
In some cases, the most appropriate control measure determined may be to remove the asbestos. The Code of Practice: How to safely remove asbestos provides further guidance for asbestos removalists so asbestos can be removed while eliminating, or where this is not possible, minimising the exposure of workers and other persons to airborne asbestos.
Other laws relating to matters such as environmental protection, public health, building and construction and local government regulation may apply in addition to the WHS Act and WHS Regulation.
This Code applies to all workplaces covered by the WHS Act where asbestos is present and where products and equipment containing asbestos are used and stored.
Some chapters of this Code will apply to asbestos that is present in residential premises when the premises become a workplace.
