New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 228

228 Responsibility of principal contractor to keep register of hazardous substances

(1) This clause applies to any place of work at which:

(a) construction work is undertaken and the cost of the work exceeds $250,000, or

(b) demolition work or asbestos removal work for which a licence is required under Chapter 10 to carry on the business of that work is undertaken (regardless of the cost of the work).

(2) The principal contractor for the construction work must ensure that:

(a) a register of hazardous substances at a place of work at which construction work is carried out is kept and maintained during the course of the work, and

(b) the register is readily accessible to all persons working at the place of work, and

(c) copies are kept during the course of the work of any records of atmospheric monitoring or health surveillance in relation to the place of work, and

(d) copies are kept during the course of the work of any written report of a risk assessment prepared in accordance with clause 168 (1) (b) in relation to risks associated with exposure to a hazardous substance at the place of work.

(3) If more than one sub-contractor is using hazardous substances at the place of work, the principal contractor must ensure that the register of hazardous substances kept under subclause (2) (a) contains details of all hazardous substances being used at the place of work.

(4) The principal contractor, if also required to keep and maintain a register of hazardous substances or dangerous goods under clause 167 or 174ZV, may keep and maintain a single register for the purposes of this clause and for the purposes of those clauses.

Maximum penalty: Level 1.

Note: See Chapter 6 as to the obligations of employers with respect to the keeping of registers and recording of information concerning hazardous substances and carcinogenic substances.