New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 259

259 Particular risk control measures

(1) An employer must ensure that asbestos work is carried out, in a manner appropriate to that work, in accordance with the following documents published by the NOHS Commission, as in force from time to time:

(a) Code of Practice for the Management and Control of Asbestos in the Workplace[NOHSC: 2018 (2005)] ,

(b) Code of Practice for the Safe Removal of Asbestos[NOHSC: 2002 (2005)] .

(If a requirement of clause 51 (Atmospheric contaminants-particular risk control measures) is inconsistent with a requirement of this subclause, the clause 51 requirement prevails).

(2) An employer must ensure that:

(a) employees and other persons contracted to carry out asbestos work are informed of the dangers involved and of any precautions that should be taken in connection with the work, and

(b) employees, workplace owners and plant owners are informed when asbestos work is being carried out, and

(c) persons are warned, by the use of signs, labels or other similar measures, of the presence of asbestos or asbestos-containing material in a place at which construction work is being carried out.

(3) An employer must identify, and implement, measures to prevent the uncontrolled disturbance of asbestos-containing material while construction work is being carried out.

(4) An employer must ensure that procedures are in place for:

(a) the cleaning of premises at which asbestos work is carried out, and

(b) the laundering and cleaning of personal protective equipment used for asbestos work, and

(c) the containment of asbestos waste, and

(d) the disposal of asbestos and asbestos-containing material.

(5) An employer must ensure that no asbestos-containing material, including asbestos cement, is reused in connection with the carrying out of construction work.

(6) An employer must ensure that no high-pressure processes are used to clean the surface of asbestos-containing material, including asbestos cement or any structures that consist of or contain asbestos, during the carrying out of construction work.

Maximum penalty: Level 4.