Tradie Run Sheet Builder / Before you start / Pre-1990 building, refurbishment
Pre-1990 building, refurbishment
Printed on a job only when this tag is ticked or asbestos is in its tags column. Never read from the task text.
What the sheet prints
- Asbestos identified before disturbing; over 10 m2 needs a licensed removalist WHS Regs r 456 and 457; r 485 to 488
The clauses behind it
Each clause below is our statement of it, cited to it, not the text verbatim.
the model WHS Regulations, r456-457
rr 456 and 457 Identify and remove asbestos before refurbishment, including residential premises. Before refurbishing a structure or plant, the person with management or control (or, for residential premises, the PCBU doing the refurbishment) ensures all asbestos likely to be disturbed is identified and, so far as reasonably practicable, removed before the refurbishment starts.
the model WHS Regulations, r485-488
rr 485 to 488 Hold a Class A licence for friable asbestos and ACD, and a Class B (or A) licence for over 10 square metres of non-friable. A person does not remove, and a PCBU does not direct or allow a worker to remove, friable asbestos or asbestos-contaminated dust (other than ACD associated with non-friable removal or only minor contamination) unless it holds a Class A asbestos removal licence, or more than 10 square metres of non-friable asbestos or ACM or its associated ACD unless it holds a Class B or Class A licence. Current equivalent licences granted under a corresponding WHS law are recognised while used on their terms.
In Victoria
A Victorian sheet prints, in place of the lines above:
- Asbestos register reviewed and a copy obtained before the work, or with no register, asbestos established or assumed present; asbestos the work is likely to disturb removed first by a licensed or permitted remover (on domestic premises the contractor identifies it) OHS Regs (Vic) rr 241, 243, 244(1), (2), (5) and (6), 245, 246; register rr 226, 227
Victoria: the lines below cite the Victorian OHS Act and OHS Regulations; the Regulations are due to sunset, so check the version in force.
Each clause below is our statement of it, cited to it, not the text verbatim.
the Victorian OHS Regulations, r241
r 241 Review the asbestos register before demolition or refurbishment and give it to the contractor. Before any demolition or refurbishment work starts at a workplace, the person managing or controlling it must review the asbestos register and revise it if it is not adequate for the proposed work (for example, where inaccessible areas likely to contain asbestos will be opened up by the work). That person must give the employer or self-employed individual who will do the demolition or refurbishment a copy of the register, including any revisions. Act compliance: s 26.
the Victorian OHS Regulations, r243
r 243 Demolition or refurbishment contractor must obtain the asbestos registers. An employer or self-employed individual demolishing or refurbishing a ship, plant, building or structure at a workplace must get a copy of the asbestos register, with any r 241 revisions, from the person managing or controlling the workplace. It must also get the employer's asbestos register (with any r 242 revisions) in copy from any employer that manages or controls asbestos there, including asbestos in that employer's plant. Act compliance: ss 21, 23 and 24.
the Victorian OHS Regulations, r244a
r 244(1) Workplace controller must identify and remove asbestos before refurbishment or demolition. Whoever has management or control of a workplace (or of plant within a workplace) must identify the asbestos under its control that the planned demolition or refurbishment is likely to disturb. For refurbishment it must see that the asbestos is taken out as far as reasonably practicable; for demolition, it must ensure, as far as reasonably practicable, the asbestos is removed before demolition begins. Parts of the building, structure, ship or plant may be demolished to reach the asbestos (for example, part of a wall to reach a riser). This subregulation does not apply to demolition in an emergency (r 240(3)) or to domestic premises. Removal must be by a licence holder or a person permitted under r 250 (r 246). Act compliance: s 26.
the Victorian OHS Regulations, r244b
r 244(2) Employer must identify and remove its asbestos before refurbishment or demolition. An employer at a workplace must find the asbestos it manages or controls (asbestos-containing material fixed or installed in its plant included) that planned demolition or refurbishment is likely to disturb. For refurbishment the employer must ensure, as far as reasonably practicable, the asbestos is removed; for demolition, that it is removed before demolition starts. Partial demolition to reach the asbestos is permitted. The duty does not apply to emergency demolition or to domestic premises. Removal must be by a licence holder or a person permitted under r 250 (r 246). Act compliance: s 26.
the Victorian OHS Regulations, r244c
r 244(5) and (6) Contractor on domestic premises must identify and remove asbestos before the work. On domestic premises, the employer or self-employed individual doing demolition or refurbishment must itself identify the asbestos under its management or control that the planned work is likely to disturb. For refurbishment it must ensure, as far as reasonably practicable, the asbestos is removed; for demolition it must ensure, as far as reasonably practicable, the asbestos has been taken out before demolition begins. Knocking down part of the domestic premises to reach the asbestos is allowed. Removal must be by a licence holder or a person permitted under r 250 (r 246). Act compliance: ss 21, 23 and 24.
the Victorian OHS Regulations, r245
r 245 Contractor must determine whether asbestos is present where there is no register. Where neither a site asbestos register nor an employer's asbestos register exists for the workplace or plant, the employer or self-employed individual doing demolition or refurbishment must not begin until it has established whether the building, structure, ship or plant contains asbestos. Where there is reasonable doubt, or inaccessible areas probably contain asbestos, it must either assume asbestos is present (it is then treated as identified) or have a sample analysed. If it finds asbestos, it must tell the person managing or controlling the workplace, and, where the plant is controlled by an employer at the workplace, tell that employer too. This is the Victorian before-work determination duty that applies to the person performing the work, including on domestic premises. Act compliance: ss 21, 23 and 24.
the Victorian OHS Regulations, r246
r 246 Asbestos required to be removed under r 244 must go to a licensed or permitted remover. Anyone who must ensure asbestos is removed under r 244 must make sure the removal is done by an asbestos removal licence holder, or by a person allowed to do limited asbestos removal work under r 250. A licence holder works to Division 7; a person under r 250 works to Subdivision 2 of Division 7. Penalty: 100 penalty units (natural person) or 500 penalty units (body corporate).
the Victorian OHS Regulations, r226
r 226 Workplace controller must identify asbestos, record its features and label it. Whoever manages or controls a workplace must, as far as reasonably practicable, find all asbestos under its control. Where there are reasonable grounds for doubt, or inaccessible areas likely to contain asbestos, it must either assume asbestos is present (it is then treated as identified) or have a sample analysed. For identified asbestos it must establish: its location; the likely source of any unfixed asbestos; for asbestos-containing material, its type, whether friable or non-friable, its condition and whether it is likely to be damaged or deteriorate; and, so far as possible, planned activities likely to disturb or damage it. For inaccessible areas, location and likely source are needed so far as possible. The presence and location must be clearly shown, by labels where reasonably practicable. Act compliance: s 26.
the Victorian OHS Regulations, r227
r 227 Workplace controller must keep an asbestos register. Whoever manages or controls a workplace must enter the results of its r 226 identification in an asbestos register. The register must hold: the matters established under r 226(4) (location, likely source of unfixed asbestos, type, friability, condition and damage likelihood of asbestos-containing material, and activities likely to disturb it); details of inaccessible areas likely to contain asbestos; and the date of each identification. Act compliance: s 26.