Removing asbestos in workplaces - Compliance ... - WorkSafe Victoria

Legislationthat applies toasbestos removalAsbestos removal and workplaces35. The Regulations only apply to workplaces. A workplace is defined as a place,whether or not in a building or structure, where employees or self-employedpersons work.Duties of employers and self-employed personsat domestic premises36. If an employer or self-employed person attends a domestic premises(not a workplace, eg a home) to conduct asbestos removal, the Regulationsapply. The section titled ‘General requirements for all asbestos removal’ detailshow to comply with the regulations.37. It should be noted that domestic premises are not workplaces. This meansthat duties which relate to asbestos in workplaces – including to identify thepresence of asbestos, to record the identified asbestos in a register andto subsequently implement controls based on the condition of this asbestos– are not placed on the:• owner of the premises (the homeowner)• persons who manage the premises• persons leasing the premises, or• persons in the premises.38. It is the duty of the employer or self-employed person who is conductingthe work in the domestic premises to identify the presence of asbestos.39. Where asbestos removal is being done by a person in their own home, theRegulations do not apply because it is not a workplace for this person.However, this compliance code may be used to minimise the risk associatedwith that removal. The Department of Human Services also provides guidancefor householders who intend to work with or remove asbestos in their home.What is asbestos removal work?40. ‘Asbestos removal work’ (in a workplace) refers to removal of asbestos that isfixed or installed in a building, structure, ship or plant so it is no longer fixed orinstalled up to the point of containment. ‘Division 7 – Removal of asbestos’ inPart 4.3 of the Regulations specifically covers asbestos removal work.10 Compliance code / Removing asbestos in workplaces WorkSafe Victoria