Document ID: chunk:federal_register_of_legislation:F2016L00409:body:0:p3
Version: federal_register_of_legislation:F2016L00409
Segment Type: other
Provision Reference: 
Character Range: 5298–8185

be complied with.

1. INTRODUCTION

1.1 What is demolition work?
Any work that is connected with the demolition of a structure is classified as 'construction work' under the WHS Regulations. When carrying out demolition work, the requirements relating to construction work must be complied with.

Demolition work means to demolish or dismantle a structure or part of a structure that is load-bearing or otherwise related to the physical integrity of the structure, but does not include:
    * the dismantling of formwork, falsework, scaffolding or other structures designed or used to provide support, access or containment during construction work, or
    * the removal of power, light or telecommunication poles.
A structure is anything that is constructed, whether fixed or moveable, temporary or permanent, and includes buildings, sheds, towers, chimney stacks, silos, storage tanks.
The demolition of an element of a structure that is load-bearing or otherwise related to the physical integrity of the structure is 'high risk construction work'. A Safe Work Method Statement (SWMS) must be prepared before the high risk construction work starts.

Demolition work that is notifiable under the WHS Regulations involves:
    * demolition of a structure, or a part of a structure that is load-bearing or otherwise related to the physical integrity of the structure, that is at least 6 metres in height
    * demolition work involving load shifting machinery on a suspended floor, and
    * demolition work involving explosives.
Other key terms relating to demolition work are listed in Appendix A.

1.2 Who has health and safety duties in relation to demolition work?
A person conducting a business or undertaking has the primary duty to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking.
The WHS Regulations include specific obligations for a person conducting a business or undertaking to manage the risks associated with demolition work. These duties include:
    * preparing a SWMS for the proposed work, or ensuring a SWMS has already been prepared by another person, before any high risk construction work commences
    * obtaining a copy of the asbestos register for the workplace before demolition work is carried out
    * if there is no asbestos register, you must
          + not carry out the work until the structure or plant has been inspected to determine whether asbestos or asbestos containing materials (ACM) are fixed to or installed
            in the structure or plant
          + ensure that the determination is undertaken by a competent person
    * if asbestos or ACM are determined or presumed to be present, inform the occupier and owner of the premises (if domestic premises) and the person conducting a business or undertaking with management or