Document ID: chunk:federal_register_of_legislation:F2016L00423:body:0:p26
Version: federal_register_of_legislation:F2016L00423
Segment Type: other
Provision Reference: 
Character Range: 67223–70096

to be disturbed by the work. If it is likely to be disturbed they must ensure, so far as is reasonably practicable, that the asbestos is removed before the work commences.
    * Refurbishment – Once the person with management or control of the workplace or plant has been notified that asbestos is present and refurbishment work is to occur, they must decide whether the asbestos is likely to be disturbed by the work. If it is likely to be disturbed they must ensure, so far as is reasonably practicable, that the asbestos is removed. Where reasonably practicable, asbestos should be removed prior to refurbishment, renovation or maintenance rather than implementing other control measures, such as enclosure or sealing.

Demolition and refurbishment at domestic premises
When a person has been engaged to conduct demolition or refurbishment at a domestic premise,
it becomes the workplace of that person. Consequently, that person must identify and, if necessary, remove asbestos before work commences. The WHS Regulations place no duties on the homeowner.
    * Demolition – A person who is engaged to conduct demolition work at a house (which has become their workplace) must identify asbestos under their management or control that is likely to be disturbed by the demolition work. They must ensure, so far as is reasonably practicable, that the asbestos is removed before the work commences.
If an emergency occurs, the person carrying out the demolition work at the domestic premise must ensure, so far as is reasonably practicable, that before the demolition work starts a procedure is developed that will explain how to minimise the risk of exposure of workers and persons in the vicinity of the demolition site and ensure the exposure standard is not exceeded, so far as is reasonably practicable. The person must also provide the regulator with written notice of the emergency immediately after they become aware of the emergency and before the demolition starts.
    * Refurbishment – A person who is engaged to conduct refurbishment work at a house (which has become their workplace) must identify asbestos under their management or control that is likely to be disturbed by the refurbishment work. They must ensure, so far as is reasonably practicable, that the asbestos is removed.

5.4         Asbestos-related work
Regulation 478-484 While work with asbestos is generally prohibited, the WHS Regulations allow work to occur on asbestos in certain circumstances: this is referred to as asbestos-related work.

Under the WHS Regulations, asbestos-related work includes:
    * 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
    * the transport