Asbestos Removal Licensing in Western Australia for Residential Builders

What it is

Western Australia has been a work health and safety jurisdiction since 31 March 2022. Asbestos duties sit in the Work Health and Safety Act 2020 (WA) and the Work Health and Safety (General) Regulations 2022 (WA). The old Occupational Safety and Health Act 1984 no longer applies, and any procedure, template or contract clause still pointing at it is out of date.

WorkSafe WA is the regulator and licensing authority. Three authorisations matter on a residential job: the Class A removal licence, the Class B removal licence and the asbestos assessor licence.

Class A and Class B licences

A Class A removalist can remove all types of asbestos: any quantity of friable asbestos, friable asbestos contaminated dust, dust or debris contaminated beyond a minor contamination, and non-friable asbestos.

A Class B removalist can only remove non-friable asbestos. The licence is required once the work involves more than 10 square metres of non-friable material, together with the asbestos contaminated dust from that removal.

Friable asbestos is material in the form of a powder, or that can be crumbled or reduced to powder by hand when dry. Most asbestos cement sheet in a WA house is non-friable. Pipe lagging, sprayed insulation, asbestos backed vinyl and degraded sheeting can all be friable.

When a licence is not required

Removal of 10 square metres or less of non-friable asbestos, and the contaminated dust from that removal, does not require a licence in WA. Neither does removal of a minor contamination.

The exemption is narrower than builders assume. The 10 square metre figure is the total for the workplace, not a per day or per worker figure, and it cannot be reset by splitting the strip out across invoices. A builder is a PCBU and the full primary duty applies whether or not a licence is needed: risk assessment, controls, respiratory protection and asbestos awareness training for anyone who might disturb the material.

Notification to WorkSafe WA

Licensed asbestos removal work, meaning any quantity of friable asbestos or more than 10 square metres of non-friable asbestos, must be notified to WorkSafe WA at least 5 days before it starts. If the notice day falls on a weekend or a public holiday, the notice moves earlier rather than later.

At residential premises the removalist must also inform the occupier, the owner and anyone occupying premises in the immediate vicinity beforehand. Most licence holders do a letter drop.

If a structure is unsound or collapse is imminent, the removalist must telephone WorkSafe and lodge the notification within 24 hours. Emergency work still needs a clearance before reoccupation.

Air monitoring, clearance and certificates

A clearance is required for all licensed removal work, Class A and Class B alike, before the area goes back into normal use.

For Class A friable removal the clearance must include a thorough visual inspection plus clearance air monitoring inside and outside the enclosure, and it must be done by a licensed asbestos assessor. Control air monitoring is mandatory immediately before and during Class A removal.

For Class B removal the minimum is a thorough visual inspection by an independent competent person or a licensed assessor. Control air monitoring for Class B is a risk based decision, not a legal requirement.

At residential premises the removalist arranges the clearance and must ensure a certificate is issued before reoccupation. At a workplace the client who engaged the removalist must engage the assessor directly, keeping the clearance independent of the removal.

Asbestos register and management plan

The person with management or control of a workplace must keep an asbestos register where the building was constructed before 31 December 2003, unless no asbestos has been identified. It records the location, type and condition of all identified or assumed asbestos.

Where asbestos is identified or assumed, a written asbestos management plan is also required. It must be prepared in consultation with workers, cover control measures, emergency procedures and training responsibilities, then be reviewed at least every 5 years.

Engineered stone and crystalline silica

From 1 July 2024 it is an offence for a PCBU to manufacture, supply, process or install engineered stone benchtops, panels or slabs. From 1 September 2024 stronger controls apply to all work with materials containing at least 1 per cent crystalline silica, which reaches concrete cutting, tile cutting and brick chasing. These sit alongside the asbestos rules, not instead of them.

What good looks like

A pre demolition survey by an independent assessor before any pre 1990 house is touched. A Class B holder engaged before the strip out passes 10 square metres. A Class A holder for anything friable. Notification lodged 5 days ahead. Neighbours told. A clearance certificate for every licensed removal. Disposal receipts from a licensed facility on the project record.