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Asbestos law and guidance

Last updated: 23 November 2024

There are laws, codes of practice and guidance documents that can help you understand your obligations relating to asbestos.

The Work Health and Safety Act 2020 (WHS Act), the Work Health and Safety (General) Regulations 2022 (WHS Regulations) and Work Health and Safety (Mines) Regulations 2022 (WHS Mines Regulations) outline all responsibilities and duties relating to workplace health and safety in Western Australia.

The WHS Regulations provide that:

  • people must not be exposed to asbestos dust
  • asbestos at workplaces must be identified and labelled and the risks assessed by a competent person
  • a register and management plan detailing the type, location and condition of the asbestos must be available at the workplace and reviewed regularly
  • a licence (Class A type) is required for removal of any amount of friable asbestos containing material at a workplace
  • a licence (either Class A or B type) is required for removal of more than 10m2 of non-friable asbestos containing material at a workplace
  • asbestos work areas must be left free of visible asbestos residue after removal work
  • a clearance certificate is required following all licensed asbestos removal work at a workplace, issued by an independent competent person prior to re-occupation of removal area
  • notification of all licensed asbestos removal work must be made at least 5 days prior to commencement
  • waste asbestos must be correctly labelled, transported and disposed of at a licensed disposal facility
  • records must be kept, and WorkSafe notified, if a person has been exposed to asbestos at a workplace
  • where there is a risk to health from asbestos exposure, health monitoring must be provided via a registered medical practitioner.

WorkSafe maintains a list of all licensed asbestos removalists (individuals and companies) and Licensed Asbestos Assessors (LAA), accessible via the Licence and registration search. This can be used to confirm the validity and status of any licence number quoted and should be referenced before a removalist or licensed assessor is engaged.

The Australian Asbestos Network website is a useful resource for information about asbestos in Australia, put together by a team of media researchers from Murdoch and Monash universities working with medical and public health researchers. On this site you can find information on asbestos-related diseases, health information for work and home and learn about the history of asbestos in Australia through the voices of the people who have shared their personal stories of the mills, mine sites, factories and everyday living with asbestos.

Another useful resource of information and asbestos related statistics is the Asbestos and Silica Safety and Eradication Agency (ASSEA), a Commonwealth Government agency, established in 2013 to coordinate and encourage work towards a national strategic plan; aiming to eliminate asbestos related disease in Australia. ASSEA also provides an Asbestos Exposure Register, where people who may have been exposed to asbestos can register the details of their exposure. ASSEA has also published guidance for importers and exporters.

Regulation of asbestos issues crosses several government departments. The Asbestos regulators and information sources: Pamphlet can assist with your enquiry.

Exemptions

In cases where an independent competent person (ICP) isn't available in the regional area, the regulator has allowed an exemption from the rule that requires an ICP to inspect and confirm that the area is free of asbestos after licensed non-friable asbestos removal. This is a rare exception to the standard process, ensuring the work can proceed even when an ICP can't be found.

It is important to read Exemption 1 of 2024 closely as it contains a few conditions which must be followed as well as ensuring that this exemption applies to you. This exemption is valid until 30 March 2026.

Granted class exemption

The regulator can grant a group of people an exemption from complying with a regulation. These are referred to as a class exemption.

Granting of exemption from requirement(s) of the Work Health and Safety (General) Regulations 2022: Use of independent competent person to conduct clearance following asbestos removal work

Code of practice

How to manage and control asbestos in the workplace 
This code of practice provides practical guidance 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. 

How to safely remove asbestos 
This code of practice provides practical guidance to PCBUs on how to manage health and safety risks associated with removing asbestos or asbestos containing materials (ACM) from workplaces.

Resources and guidance

WorkSafe, Department of Energy, Mines, Industry Regulation and Safety

Asbestos and Silica Safety and Eradication Agency (ASSEA)

Safe Work Australia

Ensuring a healthy and safe workplace is a shared responsibility. By managing asbestos risks, you contribute to a safer, more productive work environment.

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Acknowledgement of Country

The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.

© Government of Western Australia 2017 to 2024