New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 171

171 Employer to retain certain material as record

(1) An employer must retain the following, as a record, in a suitable form for the periods specified:

(a) all risk assessment reports indicating a need for atmospheric monitoring or health surveillance, and records of the results of any atmospheric monitoring or health surveillance-for at least 30 years after the date of the last entry in them,

(b) a record of all induction or other training required by clause 13 to be provided to employees who are likely to be exposed to a hazardous substance at the employer’s place of work-for at least 5 years after the date of creation of the record,

(c) all records required to be kept under clause 169-for at least 30 years after the date of the last entry in them,

(d) a copy of each notification to WorkCover or the Department Head (Mining) by an employer of an intention to carry out work that involves the use of a carcinogenic substance or lead risk work, as required by Part 12.3-for at least 30 years after the date on which the notification is given,

(e) all risk assessment reports indicating that atmospheric monitoring or health surveillance is not required-for at least 5 years after the date of the last entry in them,

(f) all records required to be kept under clause 203 (4) (as to an employee ceasing to carry out lead risk work)-for at least 5 years after the date of the last entry in them.

(2) If the employer ceases to carry on business in New South Wales, the employer must offer the records referred to in subclause (1) (a):

(a) to WorkCover, in relation to atmospheric monitoring or health surveillance at places of work that are not mining workplaces or coal workplaces, or

(b) to the Department Head (Mining), in relation to atmospheric monitoring or health surveillance at places of work that are mining workplaces or coal workplaces.

Maximum penalty: Level 1.