The short answer
In Queensland, the person with management or control of a workplace must prepare and keep an asbestos register (section 425 of the Work Health and Safety Regulation 2011 (Qld)). Where asbestos or asbestos-containing material (ACM) is identified or likely to be present, they must also have a written asbestos management plan (section 429). Neither applies to a workplace that is domestic premises (section 421(2)), and no register is needed for a building constructed after 31 December 1989 if no asbestos is identified or likely to be present (section 425(6)).
Who has to keep a register and a plan?
The duty sits with the person with management or control of the workplace, not with every worker or contractor on site. That could be the building owner, a landlord, an employer or an occupier, depending on who controls the workplace. A few rules to know:
- Section 425 applies to buildings whenever they were constructed, subject to the post-1989 exemption in section 425(6). The exemption applies only if all three conditions are met: the building was constructed after 31 December 1989, no asbestos has been identified, and none is likely to be present from time to time.
- If a register has already been prepared for the workplace, you do not need to prepare another one (section 425(4)). You must still keep it up to date.
- Domestic premises are excluded from sections 425 to 430 (section 421(2)). The identification and labelling duties in sections 422 to 424 are not excluded by that subsection. For demolition or refurbishment that Part 8.6 covers, where there is no asbestos register, the business carrying out the work must inform the occupier and owner of domestic premises if asbestos or ACM is determined or assumed to be fixed to or installed in the structure (section 451(1) and (5)).
If you are a business working at someone else’s site and your work risks exposure to airborne asbestos, the person in control must give you a copy of the register (section 427(2)). If you are the person in control, our guide to what a PCBU is explains how the duties line up.
Step one: identify or assume
You cannot write a register until you know what is there. The person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent person (section 422(1)). If a material cannot be identified but a competent person reasonably believes it is asbestos, you must assume it is. The same applies to parts of the workplace that are inaccessible to workers and likely to contain asbestos (section 422(2)). Assumed asbestos is taken to be identified.
If you have a sample analysed, it may be analysed only by a NATA-accredited laboratory for the relevant test method, a laboratory approved by the regulator, or the regulator’s own laboratory (section 423). Identified asbestos must be clearly indicated, and labelled where reasonably practicable (section 424).
What goes in the asbestos register
The register must record any asbestos or ACM identified under section 422, or likely to be present from time to time, including (section 425(3)):
- the date it was identified; and
- its location, type and condition.
If the person knows that no asbestos or ACM is identified or likely to be present from time to time, the register must say so. The register must be kept at the workplace and maintained so it is up to date (section 425(1) and (2), maximum 36 penalty units each).
The How to Manage and Control Asbestos in the Workplace Code of Practice 2021 (a Queensland approved code) includes a template and an example register. It says a comprehensive register may also record assumed asbestos, laboratory results, the dates of identification, inaccessible areas and past removal work, and it suggests attaching photographs or drawings. Here is a simple layout based on that:
| Location | Material and type | Date identified | Condition | Identified, assumed or sampled | Next review |
|---|---|---|---|---|---|
| North wall, shed | Cement sheet (assumed asbestos) | Date recorded | Good, painted | Assumed | When the plan is reviewed |
The required items are the date, location, type and condition. The other columns are our suggestion.
Review, access and transfer
- Review: the register must be reviewed and, as necessary, revised if the management plan is reviewed, further asbestos or ACM is identified, or asbestos is removed from, or disturbed, sealed or enclosed at, the workplace (section 426).
- Access: it must be readily accessible to workers who have carried out, carry out or intend to carry out work at the workplace, their health and safety representative, and businesses that carry out or require work there (section 427(1)). A business doing work that involves a risk of exposure to airborne asbestos must be given a copy (section 427(2)).
- Transfer: if you plan to give up management or control of the workplace, you must ensure, so far as is reasonably practicable, that the register goes to whoever takes over (section 428).
The asbestos management plan
If asbestos or ACM is identified at a workplace, or likely to be present from time to time, the person with management or control must ensure a written asbestos management plan is prepared and kept up to date (section 429(2) and (3), maximum 60 penalty units each). The plan must include information about (section 429(4)):
- the identification of the asbestos or ACM, for example a reference or link to the register, plus signs and labels;
- decisions about managing the asbestos, and the reasons for them, for example safe work procedures and control measures;
- procedures for incidents or emergencies involving asbestos or ACM; and
- workers carrying out work involving asbestos, for example consultation, responsibilities, information and training.
The plan must be readily accessible to the same people who can see the register (section 429(5)). It must be reviewed and, as necessary, revised when the register or a control measure is reviewed, when asbestos is removed, disturbed, sealed or enclosed, when the plan is no longer adequate, when a health and safety representative requests a review, and at least once every 5 years (section 430). A business must also ensure that workers it reasonably believes may be involved in asbestos removal work or asbestos-related work are trained in the identification and safe handling of, and suitable control measures for, asbestos and ACM, and must keep a record of the training (section 445). Our free Employee Training Register is one way to keep that record.
Before demolition or refurbishment
Part 8.6 of the Regulation applies to the demolition or refurbishment of a building constructed before 31 December 1989, and to some older structures and plant (section 447). Minor or routine maintenance and other minor work are not counted. Before the work starts:
- the person in control must review the register and revise it if it is inadequate for the planned work (section 448), and give a copy to the business doing the work (section 449);
- the business doing the work must obtain the register first (section 450);
- if there is no register, the work must not start until the structure has been inspected to determine whether asbestos or ACM is fixed to or installed in it, and a competent person must make that determination. Where the competent person is uncertain on reasonable grounds, or part of the structure is inaccessible and likely to be disturbed, asbestos must be assumed (section 451(2) to (4)).
Construction work that involves, or is likely to involve, the disturbance of asbestos is high risk construction work (section 291(d)). A SWMS must be prepared before it commences (section 299). See our guide to high risk construction work in Queensland. Our Free SWMS Template for Queensland gives you a layout to work from, and the Risk Management Policy and Procedure covers how risks are assessed. The General Construction SWMS Bundle suits businesses that need a set of SWMS for several trades.
When is a licensed removalist required?
A business that commissions the removal of asbestos must ensure the work is carried out by a licensed asbestos removalist who is licensed to carry out that work (section 458(1), maximum 60 penalty units). The exceptions are small jobs. Section 458(2) says a licensed removalist is not required if the asbestos to be removed is:
- 10 square metres or less of non-friable asbestos, or asbestos-contaminated dust or debris associated with removing that amount; or
- asbestos-contaminated dust or debris that is not associated with removing friable or non-friable asbestos and is only a minor contamination.
In those cases the work must be carried out by a competent person who has been trained under section 445 (section 458(3)). The licence classes are:
| Licence | Covers | Section |
|---|---|---|
| Class A | Removal of friable asbestos, and asbestos-contaminated dust or debris (with the exceptions in section 486) | 485 |
| Class B | Removal of more than 10 square metres of non-friable asbestos or ACM, and associated dust or debris (a class A licence also covers this) | 487 |
Friable asbestos is material that is in powder form or can be crumbled, pulverised or reduced to powder by hand pressure when dry. Non-friable asbestos is material containing asbestos that is not friable, including asbestos fibres reinforced with a bonding compound. Non-friable material can become friable as it deteriorates. A licensed removalist must give the regulator written notice at least 5 days before starting licensed removal work (section 466(1)), except in the urgent situations listed in section 466(2), such as a sudden and unexpected event that may expose people to respirable asbestos fibres, and must prepare an asbestos removal control plan (section 464). The How to Safely Remove Asbestos Code of Practice 2021 has the detail on removal.
This guide is about workplaces. It does not tell householders how to remove asbestos. The Regulation also bars using high-pressure water spray (other than for fire fighting or fire protection) or compressed air on asbestos or ACM, and bars using power tools, brooms and similar equipment on them unless the use is controlled, for example by enclosing the equipment or using equipment designed to capture or suppress airborne asbestos (section 446).
A simple way to get on top of it
- Work out whether your workplace is domestic premises, or a building constructed after 31 December 1989 with no asbestos identified or likely.
- If not, have a competent person identify asbestos and ACM, or assume it where it cannot be identified.
- Prepare the register and keep a copy at the workplace.
- Write the management plan, and set review dates (at least every 5 years).
- Give both documents to anyone who works at the site, and hand them on if you give up control of the workplace.
- Before any refurbishment or demolition, review the register first, and prepare a SWMS if asbestos may be disturbed.
For other hazards on a construction site, see Top 5 Hazards to Look Out for on Construction Sites and Dust on Construction Sites.
This guide is general information, not legal advice. Check the current law or talk to WorkSafe Queensland for your situation.
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