The obligation
Where it is uncertain whether asbestos is present, the person with management or control can assume it is present or have a sample analysed.
A competent person is not needed to identify asbestos if that person assumes asbestos is present or has reasonable grounds to believe it is not. If material is assumed to be asbestos, no sample is needed and the material can remain undisturbed. Under WHS Regulation clause 423, a sample must only be analysed by a NATA-accredited laboratory accredited for the relevant test method, a regulator-approved laboratory, or a laboratory operated by the regulator.
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- What
- Where it is uncertain whether asbestos is present, the person with management or control can assume it is present or have a sample analysed.
- Source
- safework.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
Assuming asbestos is present or arranging a sample is a WHS requirement set out in How to manage and control asbestos in the workplace (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Work Health and Safety > Codes of Practice > Asbestos > Identification > Sampling.
What does this WHS obligation require?
Assuming asbestos is present or arranging a sample is a WHS obligation under How to manage and control asbestos in the workplace (NSW). In short, Where it is uncertain whether asbestos is present, the person with management or control can assume it is present or have a sample analysed.
What changed recently?
Assuming asbestos is present or arranging a sample was last updated on 9 October 2026.
