What laws apply?

People working with asbestos must take all reasonable steps to minimise the risks resulting from handling and disposing of asbestos

Under the Construction Occupations Licensing Act 2004, licensed asbestos removalists are qualified in handling (including disturbing) asbestos in buildings and removing and disposing of asbestos from buildings.

• More information about licensed asbestos removalists.

The requirements for people working with asbestos (who are not licensed asbestos assessors or licensed asbestos removalist) are outlined in the Building General Regulation 2008. In order for someone to handle small amounts (less than 10 square metres) of bonded asbestos, they MUST:

• work in an approved occupation AND
• have successfully completed and gained a qualification from an approved course AND
• perform work in accordance with the asbestos removal code.

• More information about people working with small amounts of asbestos.

Someone who fails to handle and dispose of asbestos in an appropriate and responsible manner could be subject to prosecution under the Dangerous Substances Act 2004.

Asbestos is a dangerous substance. Under the Dangerous Substances Act 2004 (the Act), everyone who is involved in the handling, disturbing, removing and/or disposing of materials containing asbestos must take all reasonable steps to minimise the risks resulting from handling disturbing, removing and/or disposing of the materials. Anyone who fails to do so could be subject to prosecution under the Act. For example, if someone dumps a material that contains asbestos, they commit an offence against the Act. This type of a breach can result in penalties of up to $165,000, 5 years imprisonment or both for individuals; or penalties of up to $825,000 for corporations who commit an offence.

Under the Work Health and Safety Act 2011, employers and persons in control of workplaces also have obligations to ensure work safety by managing risk.

These obligations include:

• providing and maintaining a safe workplace and safe systems of work;
• ensuring the safe use, handling, storage and transport of substances, including asbestos;
• monitoring the work safety of workers at the business or undertaking, and the conditions at the workplace, to ensure that work-related illness and injury are prevented;
• providing appropriate information, instruction, training or supervision to workers and other people at the business or undertaking to allow work to be carried out safely.