Safety Alert: Mandatory Notification for Asbestos Removal Work to WorkSafe ACT

WorkSafe ACT has recently been identified of instances where licensed asbestos removalists have failed to comply with the mandatory notification requirements. According to Section 466(1) of the Work Health and Safety Regulation 2011 (WHS Regulation), licensed asbestos removalists are legally required to submit a written notice to the regulator at least 5 days before commencing any licensed asbestos removal work.

Failure to adhere to this requirement not only undermines legitimate asbestos removalists but may also indicate broader compliance and safety issues.

Key Steps When Hiring an Asbestos Removalist:

1. Verify Licensing: ensure the asbestos removalist holds a current licence by checking the Public Register.
2. Request Documentation: ask for a copy of the Notice of Asbestos Removal Work from the removalist.
3. Be Cautious of Quick Turnaround: be wary of removalists offering to start work within 5 days of an accepted quote.
4. Report Concerns: if you have any doubts about the asbestos removal work, contact WorkSafe ACT to discuss further.

Notification Process for Asbestos Removal Work

Licensed asbestos removalists must complete a Notice of Asbestos Removal Work to notify WorkSafe ACT. If immediate removal is necessary, the removalist must notify WorkSafe ACT:

• immediately by telephone; and
• in writing within 24 hours of the phone notification.

Non-compliance with the 5-day notice requirement is a serious offence, with penalties of up to $3,600 for individuals and $18,000 for body corporations. From 19 August 2024, the respective penalties will increase to $5,500 and $28,000.  Inspectors are issuing on-the-spot fines when they discover that asbestos removal work is being carried out without the required notice.

Need More?

For more details refer to the following

• Asbestos Removal Notice – WorkSafe ACT Webpage
• Demolition Work Code of Practice 2020
• How to Manage and Control Asbestos in the Workplace Code of Practice 2022
• How to Safely Remove Asbestos Code of Practice 2022

Alternatively reach out to the Workplace Relations and Legal Team on 02 6175 5900.