WA - Changes to Asbestos Authorisations Under WHS Laws

Original article published by DMIRS

The changes to licences and registrations include the class name changing from Unrestricted to Class A and Restricted to Class B.

The new WHS laws make important changes to licences and registrations, known as ‘Authorisations’ in the WHS Act.

These changes include:

• names of authorisations
• duration of authorisations
• requirements to hold an authorisation
• introduction of a new authorisation – Asbestos Assessor

This information is designed to help authorisation holders or people who wish to be authorisation holders understand the new WHS laws.

Authorisations under WHS

• Construction Induction Training (White Card)
• Item of Plant Registration
• Plant Design Registration
• High Risk Work licence
• High Risk Work Assessor Accreditation
• Asbestos Assessor licence
• Asbestos Removal Class A licence
• Asbestos Removal Class B licence
• Demolition Work Class 1 licence
• Demolition Work Class 2 licence
• Apply for a licence or register plant

Specific changes to licences and registrations

High risk work licence (HRWL)

• New class Reach Stacker (RS) – [24 month implementation transition]
• New class – Standard Boiler (BS) – [Amalgamation of BA and BI classes]
• Applicants may apply for renewal within 12 months after expiry (or longer if regulator allows)

HRWL assessor

• New class – Reach Stacker (RS) – [24 month implementation transition]
• New class – Standard Boiler (BS) – [Amalgamation of BA and BI classes]
• Name is changing from Registration to Accreditation

Asbestos assessor (new)

• New authorisation under WHS – [12 month implementation transition]
• Undertake air monitoring, clearance inspections and issue clearance certificates
• Services only required for Asbestos Removal Class A work.

Asbestos removal work

• Class name changing from Unrestricted to Class A
• Class name changing from Restricted to Class B
• Prescribed VET courses:
• Class A
• CPCCDE3015 Remove friable asbestos or its replacement
• CPCCDE4008 Supervise asbestos removal or its replacement
• Class B
• CPCCDE4008 Supervise asbestos removal or its replacement,
• CPCCDE3014 Remove non-friable asbestos or its replacement or 5 year duration

Demolition work

• Class 3 is to be abolished
• Demolition work that previously required a Class 3 Demolition Licence, comprising the removal of more than 200 square metres of brittle or fragile roofing material from a building or structure, may now be carried out without a licence.
• However, where any demolition work is conducted at a workplace, all responsibilities and duties apply under the Work Health and Safety Act and regulations.

Authorisation documents

• OSH licence holders don’t need to do anything and will receive a WHS licence at renewal
• Licences don’t change other than updated to WHS

New requirements for licences and registrations

Reside in WA

The following licences and registrations will have a reside requirement under WHS, meaning the applicant or Plant must reside or be in WA for an authorisation to be granted, or have circumstances exist that justify the grant of a WA authorisation.

• Asbestos assessor
• Asbestos Removal Class A
• Asbestos Removal Class B
• Item of plant
• Plant design

Status during appeal process

Authorisations remain current if refusal or renewal is appealed, meaning authorisation holders can still work while the decision is in the appeal process.

Replacement documents and fee

There will now be an application form and an applicable fee for a replacement licence document. Applicants must satisfy the regulator that their authorisation was lost, stolen or destroyed.

Mutual recognition of licences

There is no transfer of authorisations between states under WHS. There is now recognition of equivalent authorisations, meaning you can work in all Australian states and territories holding a licence issued by any of those states and territories.

Interstate applications for renewal

Authorisation holders will be able to renew an interstate licence in WA using a relevant WA application form.

Deemed refused

According to the WHS Regulations, if applicants do not get a decision on their application within 120 Days, their application is deemed refused and the applicant can apply for appeal of decision.

HRWL supporting evidence

Notice of Assessment (NOA) and Statement of Attainment (SOA) must be issued not more than 60 days before the application for a HRWL is made. If applications are received and the NOA or SOA was not issued within 60 days, the application will be returned to the applicant without being assessed.

Nominated supervisors

Applicants for asbestos removal and demolition licences must engage a nominated supervisor. If the applicant is an individual, they may be the nominated supervisor but must meet the requirements of experience and training. Individual applicants may also engage a different person as the nominated supervisor.

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