Document ID: chunk:federal_register_of_legislation:F2013C00288:reg:4:p2
Version: federal_register_of_legislation:F2013C00288
Segment Type: reg
Provision Reference: reg 4 (pt 2/11)
Character Range: 121294–124252

maintained in good condition, enHealth (2005, 2012) recommends that these materials are best left alone and periodically checked to monitor their condition.

4.3              Work Health and Safety
Site assessors should be aware of (and where relevant comply with) the requirements of both national and jurisdictional work health and safety legislation and guidance relating to asbestos and its removal, such as:
    * the national model Work Health and Safety Regulations and related jurisdictional legislation and guidelines
    * How to manage and control asbestos in the workplace Code of Practice (Safe Work Australia 2011a)
    * How to safely remove asbestos Code of Practice (Safe Work Australia 2011b)
    * Code of Practice for the Management and Control of Asbestos in Workplaces (NOHSC: 2018 (2005))
    * Code of Practice for the Safe Removal of Asbestos 2nd edn (NOHSC: 2002 (2005)).
State/territory agencies with responsibility for work health and safety should be consulted for specific guidance on what is required in that state or territory.

The final prohibition of asbestos in the workplace came into effect on 31 December 2003 but there are a number of exceptions including:
    * genuine research and analysis
    * sampling and identification in accordance with WHS Regulations
    * where the regulator approves the method adopted for managing risk associated with asbestos.
Safe Work Australia (2011a) provides practical advice on how to manage risks associated with asbestos and asbestos-containing-material (ACM) in the workplace. It provides information on how to identify the presence of asbestos at the workplace and how to implement measures to eliminate or minimise the risk of exposure to airborne asbestos fibres.

Work involving asbestos-contaminated soil is permitted providing that a competent person has determined that the soil does not contain any visible ACM or friable asbestos; or if friable asbestos is visible, it does not contain more than trace levels of asbestos determined in accordance with AS4964:2004 Method for the qualitative identification of asbestos in bulk samples.

A competent person is defined in Safe Work Australia (2011a) as a person who has acquired through training, qualification or experience, the knowledge and skills to carry out the task.
A competent person in the context of asbestos and the NEPM is a person who has acquired through training, qualification or experience, the knowledge and skills to identify, investigate and assess asbestos in the context of an environmental site assessment. This includes identifying the potential for asbestos contamination from site history information.
If visible asbestos is present and it may be disturbed during work activities, it must be removed. This includes removing visible fragments of bonded ACM from exposed trench faces and those areas of the site where intrusive works may be carried out (e.g. to install utilities). The removal of