Media Release: Concerning rates of non-compliance with asbestos legislation during renovations and demolition

23 January 2025

Concerning rates of non-compliance with asbestos legislation during renovations and demolition 

WorkSafe ACT has observed workers and members of the public unknowingly exposed to asbestos, with families forced to relocate due to properties being contaminated by renovations carried out by persons conducting a business or undertaking (PCBU) who failed to perform due diligence in identifying and removing asbestos.

WorkSafe ACT is currently investigating eight PCBUs for potential breaches of the Work Health and Safety (WHS) legislation for failing to identify and compliantly remove asbestos.

While the effects of asbestos exposure are not immediate, unlike other hazards with visible injuries, an estimated 4,000 Australians die annually from asbestos-related diseases.

Around one in three homes in Australia built before 1990 can contain asbestos. Under the WHS legislation, in the ACT, any property built before 2003 must be assumed to have asbestos.

Work Health and Safety Commissioner Jacqueline Agius has expressed shock at the careless attitude and lack of awareness regarding such a serious hazard.

Unfortunately, what we are seeing is a complete disregard for the law in relation to safe asbestos management, especially in home renovations. Homeowners should feel comfortable to question tradespersons who are carrying out renovations in their home to ensure the removal of asbestos is carried out safely.” 

"This is causing the tragic deaths of thousands of Australians each year. Imagine if electricians working with live wires had a similar attitude?"

Ms Agius emphasises that the WHS regulations are clear:

"Any PCBU who carries out refurbishment of domestic premises must ensure that all asbestos likely to be disturbed by the refurbishment is identified and removed before refurbishment starts. It is not the responsibility of the homeowner."

"WorkSafe ACT’s regulatory approach will reflect the seriousness of this hazard. Inspectors will issue notices and infringements and, where appropriate, pursue prosecutions for serious breaches."

The sentiment has been echoed by CEO of the Asbestos and Silica Safety and Eradication Agency, Jodie Deakes:

“With over 4000 deaths in Australia each year due to asbestos-related diseases, we cannot afford to be complacent. Tradespeople must be vigilant about the risks asbestos poses, not only to their own health but also to the wider public. Without proper identification and removal, renovations can lead to contamination and exposure, with devastating consequences.” 

The Asbestos and Silica Safety and Eradication Agency is committed to eliminating asbestos-related diseases. In collaboration with states and territories guided by the National Strategic Plan, they strive to promote safe practices that protect both workers and the broader community.