Document ID: chunk:federal_register_of_legislation:F2016L00423:body:0:p3
Version: federal_register_of_legislation:F2016L00423
Segment Type: other
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Character Range: 5251–8208

thereby minimise the incidence of asbestos-related diseases such as mesothelioma, asbestosis and lung cancer.
This Code 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.
In some cases, the most appropriate control measure determined may be to remove the asbestos. The Code of Practice: How to Safely Remove Asbestos provides further guidance for asbestos removalists so asbestos can be removed whilst eliminating, or where this is not possible, minimising the exposure of workers and other persons to airborne asbestos.
Other laws relating to matters such as environmental protection, public health, building and construction and local government regulation may apply in addition to the WHS Act and WHS Regulations.
Some chapters of this Code will apply to asbestos that is present in domestic premises when 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 sections 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         What are the prohibitions on asbestos in the workplace?

Regulation 419 A person conducting a business or undertaking must not carry out or direct or allow a worker to carry out work involving asbestos if that work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM, except in prescribed circumstances.
Note: The prohibition on the supply of asbestos also prohibits the sale of asbestos or ACM.
The final prohibition for asbestos in the workplace came into effect on 31 December 2003. These prohibitions do not apply if the work involving asbestos is any of the following:
    * genuine research and analysis
    * sampling and identification in accordance with the WHS Regulations
    * maintenance of, or service work on, non-friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with the WHS Regulations
    * removal or disposal of asbestos or ACM, including demolition, in accordance with the WHS Regulations
    * transport and disposal of asbestos and asbestos waste in accordance with jurisdictional legislation
    * demonstrations, education or practical training in relation to asbestos or ACM
    * display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM
    * management in accordance with the WHS Regulations of in‑situ asbestos that was installed