Document ID: chunk:federal_register_of_legislation:F2016L00418:body:0:p3
Version: federal_register_of_legislation:F2016L00418
Segment Type: other
Provision Reference: 
Character Range: 5328–8155

companies and those persons who may carry out small asbestos removal jobs and may not have an asbestos licence, for example tradespersons.
It is recommended that other persons with responsibility—for example, a person conducting a business or undertaking who commissions asbestos removal work at a workplace (person who commissions removal work)—should read this Code to ensure they are aware of mandatory requirements.
This Code may also be used by workers and their health and safety representatives and other persons affected by asbestos removal work, for example neighbours.
It is important to read the Code of Practice: How to Manage and Control Asbestos in the Workplace, as it provides specific guidance on identifying asbestos or ACM in the workplace, determining whether removal is the best control option and implementing other control measures if removing asbestos is not the most appropriate action to take.
Some chapters of this Code will apply to asbestos that is present in domestic premises where the premises becomes a workplace.

How to use this Code of Practice
In providing guidance, the word 'should' is used in this Code to indicate a recommended course of action, while 'may' is used to indicate an optional course of action.
This Code also includes various references to provisions of the WHS Act and Regulations to provide context with legal requirements. These references are not exhaustive. The words 'must', 'requires' or 'mandatory' indicate that these legal requirements exist and must be complied with.

1.     INTRODUCTION

1.1         Who has health and safety duties when removing asbestos?
The WHS Act requires all persons who conduct a business or undertaking to ensure, so far as is reasonably practicable, that workers and other persons are not put at risk from work carried out as part of the business or undertaking.
The person conducting a business or undertaking must also ensure so far as is reasonably practicable that exposure of a person at the workplace to airborne asbestos is eliminated. If this is not reasonably practicable, the exposure must be minimised so far as is reasonably practicable. The exposure standard for asbestos must not be exceeded.
The WHS Regulations include specific obligations for a number of duty holders in relation to safely removing asbestos. These duties are summarised in Chapters 2 and 3 of this Code.
Officers, such as company directors, have a duty to exercise due diligence to ensure that the business or undertaking complies with the WHS Act and WHS Regulations. This includes taking reasonable steps to ensure that the business or undertaking has and uses appropriate resources and processes to eliminate or minimise risks associated with asbestos.
Workers have a duty to take reasonable care for their own health and safety and that they