It is the responsibility of PCBUs to identify and remove asbestos before starting residential renovations
16 January 2025
When considering hazardous work activities, we often picture tasks like working at heights, operating heavy machinery, working near excavations, or using dangerous power tools. While these are all significant hazards requiring careful risk management, they are visible with associated injuries often being immediate and clearly apparent.
This is not the case with asbestos-related illnesses, which often remain underappreciated in terms of the scale of harm they cause. Unlike the immediate and visible injuries from other hazards, the health effects of asbestos exposure are typically delayed, with serious consequences emerging only years after the initial exposure.
According to the Asbestos and Silica Safety and Eradication Agency, an estimated 4,000 Australians die annually from asbestos-related diseases, many of which are linked to occupational exposure. Data from the Australian Mesothelioma Registry indicates that over 75% of mesothelioma patients since 2010 have had occupational asbestos exposure.
This is why WorkSafe ACT takes a strong stance when we see workers and members of the public unknowingly exposed to asbestos or families forced to relocate due to properties being contaminated from renovations carried out by a person conducting a business or undertaking (PCBU) who didn’t do their due diligence to identify and remove asbestos.
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.
In the ACT, any property built before 2003 must be assumed to have asbestos.
PCBUs must engage a licensed asbestos assessor to identify and, if necessary, engage a licensed asbestos removalist to remove asbestos or asbestos containing material if it is likely to be disturbed by the demolition or refurbishment before the work commences.
As residential premises are not required to have asbestos registers, a pre-demolition or pre-refurbishment survey should be undertaken by a licensed asbestos assessor to identify if asbestos or asbestos containing material is present.
WorkSafe ACT’s firm regulatory approach reflects the seriousness of the hazard
WorkSafe ACT inspectors will issue notices and infringements and, where appropriate, pursue prosecutions for serious breaches. Currently WorkSafe ACT is investigating 7 PCBUs for potential breaches of the Work Health and Safety legislation for failing to identify and compliantly remove asbestos.
Further information
For more information on duties relating to asbestos see:
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