SWMS rules in Australian Capital Territory
The ACT runs the model WHS laws but adds more local rules than any other state. Loose fill asbestos insulation (Mr Fluffy homes) triggers demolition notice and construction project rules no matter the cost, and many named trades must complete set asbestos courses before work. The ACT also uses its own section numbers for silica and engineered stone.
What is different in Australian Capital Territory
- Any work that involves demolishing or refurbishing a structure containing loose fill asbestos insulation is a construction project, whatever it costs (r.292). Otherwise the threshold is $250,000.
- Demolition notice (r.142) has a fourth trigger: demolition of a structure, or part of one, that contains or has contained loose fill asbestos insulation.
- Asbestos awareness training (r.445): listed trades must complete course 11084NAT before work that may involve asbestos. The list includes bricklayers, builder's labourers, carpenters, concreters, electricians, plumbers, gasfitters, painters, plasterers, roof plumbers, roof tilers, scaffolders, tilers, fencers, handypersons and excavator and backhoe operators.
- Working safely with asbestos course (r.445A): electricians, plumbers, gasfitters, mechanical services plumbers, air conditioning technicians and telecommunications cablers and technicians, among others, must complete 11348NAT. Maximum penalty $6,000 for an individual and $30,000 for a body corporate.
- Crystalline silica awareness training (r.418D) is required for workers who will do high risk crystalline silica work or who are in declared occupations.
- ACT section numbers differ for engineered stone: the ban is r.418F and notice of permitted work is r.418I, not the model 529D and 529G.
- The ACT high risk construction work list names light rail: work on or near a railway includes light rail (r.291(n)).
- Industrial manslaughter (Act s.34A): a PCBU or officer whose reckless or negligent breach causes a death faces up to 20 years in prison for an individual.
- A person who completed general construction induction training in the ACT applies to the regulator for the white card (Regulation Part 6.5).
The law and the regulator
What you must notify
- Notifiable incident (Act s.38): notify WorkSafe ACT immediately after becoming aware, by the fastest possible means, by phone or in writing. If you phone, give written notice within 48 hours if the regulator asks. Keep a record for at least 5 years.
- Demolition (r.142): written notice at least 5 days before demolishing a load bearing structure at least 6 m high, using load shifting machinery on a suspended floor, using explosives, or demolishing a structure that contains or has contained loose fill asbestos insulation.
- Licensed asbestos removal (r.466): the licensed removalist gives written notice at least 5 days before work.
- Engineered stone (r.418I): notify before the permitted work.