The handling and removal of asbestos in Queensland is strictly regulated under workplace health and safety legislation. Understanding these legal requirements is crucial for property owners, contractors, and anyone involved in construction or demolition work. In this article we outline the legal framework governing asbestos removal in Queensland and explain who can legally perform this hazardous work.
Understanding Queensland’s Asbestos Removal Laws
Queensland law strictly regulates asbestos removal to protect workers and public safety. While property owners may handle some asbestos-containing materials, specific limitations and legal requirements must be followed.
The legislation distinguishes between two types of asbestos removal scenarios, each with distinct legal requirements:
For quantities exceeding 10 square meters of non-friable asbestos (bonded asbestos that remains solid and rigid), the engagement of a professional with either an A or B-class asbestos removal licence is mandatory under law.
When dealing with friable asbestos (material that can be easily crumbled), the requirements are more stringent. Only businesses holding a Class A asbestos removal licence are legally permitted to handle this type of material, regardless of quantity.
Legal Requirements for Asbestos Removal
Licensed asbestos removalists must comply with comprehensive legal obligations, including:
- Preparing a detailed Asbestos Removal Control Plan (ARCP) before work commencement. This document is legally required and must outline specific safety protocols and removal procedures.
- Mandatory notification to Workplace Health and Safety Queensland before licensed removal work begins. This requirement ensures proper oversight of removal operations.
- Completion of specific Vocational Educational Training (VET) courses by all workers involved in asbestos removal appropriate to the class of asbestos being removed. This training requirement is legally mandated to ensure worker competency and safety.
Mandatory Safety Measures Relating To Asbestos Removal
The legal framework stipulates extensive safety requirements during asbestos removal. Licensed removalists must:
- Provide all workers with comprehensive personal protective equipment (PPE), including safety boots, disposable coveralls, and appropriate respiratory protection. PPE requirements are determined through mandatory risk assessments.
- Implement site security measures, including warning signs and barricades, to prevent unauthorised access. These measures are critical for preventing exposure to asbestos fibres.
- Establish and maintain proper decontamination facilities for workers, equipment, and the removal area. This includes specific procedures for decontaminating vehicles and machinery used in the removal process.
Communication Requirements
The legislation mandates clear communication protocols. Property owners, occupants, and neighbouring properties must receive formal notification before asbestos removal commences. This requirement ensures that all potentially affected parties are informed of the removal of hazardous material.
Legal Consequences of Non-Compliance
Unauthorised asbestos removal carries significant legal consequences. Violations can result in substantial financial penalties and may lead to criminal prosecution in cases of serious breach. The severity of penalties reflects the serious nature of asbestos-related health risks.
Professional Consultation and Assessment Of Suspected ACMs
Property owners suspecting the presence of asbestos should engage licensed professionals for assessment and removal. Professional consultation ensures compliance with legal requirements and maintains safety standards throughout removal.
Asbestos and Demolition Work
Business operators performing demolition work face additional regulatory requirements under the WHS Regulation. Specific demolition licenses may be required, and local council approval might be necessary before work commencement.
Further Information
Understanding and complying with Queensland’s asbestos laws is essential for workplace and public safety. For detailed information about asbestos removal regulations, contact WorkSafe Queensland or consult with a licensed asbestos removal professional.