Legislation
The National Occupational Health and Safety Commission (NOHSC) has produced the Code of Practice for the Safe Removal Of Asbestos 2nd Edition [NOHSC: 2002(2005)]. The following is an extract from this document which outlines the responsibilities for the safe removal of asbestos.
PART 7: RESPONSIBILITIES
7.1 Consultation
Australian, State, Territory occupational health and safety legislation requires persons in control to consult with health and safety representatives and other workers at the workplace on occupational health and safety issues. This legislation sets out requirements for establishing these consultative processes.
As with all occupational health and safety issues, if asbestos-containing materials (ACM) are to be removed from a workplace, there must be full consultation, information-sharing and involvement by everyone in the workplace, including employers, workers and contractors, at each step of the ACM removal process, using the established consultative mechanisms.
Persons in adjoining properties that might be affected by the asbestos removal activities must also be consulted.
7.2 Responsibilities of our clients
7.2.1 Selection of an asbestos removalist
The client is responsible for ensuring that an asbestos removalist carries out the removal of ACM.
The client should nominate one or more persons to liaise with the asbestos removal person.
If an asbestos removalist license is required and the asbestos removalist does not initially provide its licence details, the client should request this information.
The relevant State or Territory occupational health and safety (OHS) authority should be consulted to determine licensing requirements before any removal of the ACM.
7.2.2 Register of ACM
The client should give the asbestos removalist a copy of the workplace’s register of ACM, developed in accordance with the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)], before any removal work commences.
It is the client’s responsibility to identify ACM. This responsibility may not be abdicated to the asbestos removalist.
If there is no register of ACM, it is the client’s responsibility to ensure a register is established before removal commences.
If no register is provided, it should be presumed by the client and the asbestos removalist that asbestos is present in all materials, as described in section 9.2 of the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)].