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Asbestos

Asbestos is a hazardous substance with carcinogenic properties.

The six forms of asbestos include - actinolite, anthophyllite, tremolite, crocidolite (blue asbestos), amosite (brown asbestos) and chrysotile (white asbestos).

A national ban on the use of all forms of asbestos commenced on 31 December 2003.

In accordance with this ban, the use of all forms of asbestos was prohibited except for a few permitted circumstances:

bona fide research (including analysis and display)
handling and storage prior to removal or disposal
disturbance of naturally occurring asbestos that is incidental to operations not related to the extraction or processing of asbestos, and
use, without disturbance, of asbestos in products that are in situ.

The above is reflected in Part 6 and Schedules 1 and 1A of the Occupational Health and Safety (Safety Standards) Regulations 1994 (the Regulations). In order to be classified as in situ for the purposes of the Regulations, asbestos must be fixed or installed in the product on or before 31 December 2003, in a way that does not constitute a risk to users until the asbestos contained in the product is disturbed.

In situ asbestos does not constitue a significant risk to the safety and health of users until the asbestos part or component is replaced or disturbed. At that point the part or component must be replaced with non-asbestos alternatives.

Exemptions

In addition to providing for permitted uses of asbestos, the Regulations allow for employers to apply for an exemption, under certain circumstances, for the use of asbestos (except chrysotile) in workplaces.

There is also a provision for the Australian Defence Organisation (ADO) to seek specific, time-limited exemptions for chrysotile, as specified in Schedule 1B of the Regulations. Exemptions for chrysotile must be sought from the Safety, Rehabilitation and Compensation Commission (the SRCC). The ADO exemptions are for mission critical parts or components of plant where there is no reasonable alternative to the use of chrysotile. The provision for the application of ADO exemptions ceases on 31 December 2010.

National Codes of Practice on Asbestos

In April 2005, the then National Occupational Health and Safety Commission (NOHSC) now Safe Work Australia declared a revised National Code of Practice for the Safe Removal of Asbestos 2nd Edition [NOHSC: 2002 (2005)] and a new National Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)]. To obtain a copy of the National Codes, visit www.safeworkaustralia.gov.au.

These two national codes of practice propose practical, safe methods for managing asbestos hazards and are intended to support the Australia-wide ban on the use of asbestos.

Employer Responsibilities

Employers must ensure that contractors undertaking the removal of asbestos are licensed as required by State and Territory legislation and observe the applicable laws of their State or Territory. Safe Work Australia asbestos removal code generally forms the basis for legislative requirements or advice in the relevant State or Territory jurisdiction on how this removal work is to be done.

Employers directly engaged in asbestos removal work should ensure that the work is carried out in accordance with the Safe Work Australia asbestos removal code.

Employers should also follow the Safe Work Australia asbestos management code when managing in situ asbestos in the workplace.

Additional Information

The following links provide access to documents that are relevant to both the asbestos prohibition and to the regulation of other hazardous substances.

Safety Standards Regulations

Occupational Health and Safety (Safety Standards) Regulations 1994 - Part 6 Hazardous Substances

National Codes of Practice

The following National Codes of Practice are sources of best practice on the management of asbestos: