Your Legal Responsibilities Under the NSW Work Health and Safety Regulation When Asbestos Is Present
If you manage or control a workplace, you're legally required to manage asbestos risks under the NSW Work Health and Safety Regulation 2017. But what exactly are your responsibilities — and what happens if you don't comply? Here's what you need to know.
Why It Matters
Asbestos is still found in one-third of Australian homes and countless commercial buildings — especially those built before 1990. Improper management can expose workers, contractors, and the public to deadly asbestos fibres.
To address this, the NSW WHS Regulation places strict legal duties on Persons Conducting a Business or Undertaking (PCBUs) — including employers, building owners, managers, and contractors.
Key Responsibilities When Asbestos Is Present
Under the NSW Work Health and Safety Regulation 2017, here’s what you're legally required to do:
1. Identify Asbestos and Assess Risk (Clause 425)
You must ensure a competent person identifies any asbestos or ACM (asbestos-containing material) at the workplace and assesses its condition.
Tip: This typically involves a physical asbestos inspection and sampling by a trained professional.
2. Prepare an Asbestos Register (Clause 425–427)
If asbestos is found or assumed present, you must prepare an asbestos register, which includes:
The location of asbestos or ACM
The type and condition of the material
Any work activities likely to disturb it
The register must be accessible to all workers, contractors, and health and safety representatives.
3. Develop and Maintain an Asbestos Management Plan (Clause 429)
If your workplace has asbestos, you're legally required to implement an Asbestos Management Plan (AMP) that outlines:
Decisions and control measures
Procedures for incident response
Roles and responsibilities
Communication and consultation
This plan must be reviewed every 5 years, or earlier if the asbestos register changes or an incident occurs.
4. Clearly Label Asbestos Locations (Clause 427)
If reasonably practicable, you must label asbestos materials and use signage to warn workers or contractors of its presence.
Example: A ceiling access hatch might be labelled "Caution – Asbestos present. Do not disturb."
5. Ensure Asbestos Removal Is Done by Licensed Professionals (Clause 458)
Friable asbestos must be removed by a Class A licensed asbestos removalist
Non-friable asbestos >10 m² must be removed by a Class B licensee
Unlicensed removal is illegal above these thresholds and poses serious health and legal risks.
6. Conduct Clearance Inspections and Air Monitoring (Clauses 473–474)
After asbestos removal:
A clearance inspection must be performed by a licensed asbestos assessor (for friable) or competent person (for non-friable)
Air monitoring is required if there is a risk of airborne fibres, especially in occupied areas
You must obtain a clearance certificate before reoccupying the area.
7. Inform and Train Workers (Clause 445)
All workers who may come into contact with asbestos must be provided with:
Training on asbestos risks and controls
Access to the asbestos register and management plan
Procedures for safe work and emergency response
What Happens If You Don't Comply?
Failing to manage asbestos risks is a serious offence under NSW WHS law. Penalties include:
Fines of up to $100,000+ for individuals
Fines over $500,000 for corporations
Enforceable undertakings or prosecution in serious cases
More importantly, poor asbestos management puts people’s lives at risk — and can leave you legally liable for illness or injury caused by exposure.
Who Does This Apply To?
Building owners and landlords
Principal contractors and project managers
Facility managers and school administrators
Businesses in older buildings
Tradies and subcontractors managing sites
If you own, manage, or carry out work in a property built before 1990, asbestos management is your legal responsibility.
How Confluence Environmental Can Help
At Confluence Environmental, we help NSW businesses and property owners meet their asbestos obligations with:
Asbestos inspections and registers
Compliant asbestos management plans
Clearance inspections and certificates
Sample testing and expert advice
Workplace asbestos awareness training
We work with commercial and residential clients across the Central Coast, Newcastle, Hunter Valley, and Sydney.
Stay Compliant. Stay Safe.
Contact us today on 0493 042 642 or book an inspection to make sure you’re meeting your asbestos responsibilities under NSW law.
Final Word
Managing asbestos isn’t just about ticking a box — it’s about protecting people and fulfilling your duty under the law. If asbestos is present in your workplace or property, you have legal responsibilities under the NSW WHS Regulation 2017.
Make sure you’re covered — and partner with experienced professionals who can guide you every step of the way.