New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 345

345 Proposed work in respect of which notice is required

(1) An employer at a place of work that is not a mining workplace or a coal workplace must not commence to carry out work of the following kind at a place of work unless the employer has given WorkCover notice of the proposed work:

(a) work that involves the use of a notifiable or prohibited carcinogenic substance (as defined in Part 6.3),

(b) lead risk work (as defined in Part 7.6),

(c) bonded asbestos removal work (as defined in Part 10.1),

(d) demolition work (as defined in Part 10.1), other than work for which a permit under Chapter 11 is in force.

(1A) An employer at a mining workplace or a coal workplace must not commence to carry out work of the following kind at the place of work unless the employer has given the Department Head (Mining) notice of the proposed work:

(a) work that involves the use of a notifiable or prohibited carcinogenic substance (as defined in Part 6.3),

(b) lead risk work (as defined in Part 7.6),

(c) bonded asbestos removal work (as defined in Part 10.1),

(d) demolition work (as defined in Part 10.1), other than work for which a permit under Chapter 11 is in force.

(1B) The Department Head (Mining) is to forward any notice that he or she receives under subclause (1A) (c) or (d) to WorkCover.

(2) Any such notice must:

(a) be in the approved form, and

(b) except as provided in paragraph (c), be given at least 60 days before the commencement of the proposed work (or, if WorkCover has agreed in writing to accept a shorter period of notice, be given before the commencement of that shorter period), and

(c) in the case of work that involves the therapeutic use of cyclophosphamide in hospitals, be given on or before the day of use, and

(d) contain the information specified in any guidelines prepared by WorkCover for the purpose, and

(e) be lodged in a manner approved by WorkCover.

(3) If an employer has given notice of proposed work involving the use of a carcinogenic substance and the work is continuing work, the employer must give WorkCover a further notice (in accordance with subclause (2) (a), (d) and (e)) at least every 5 years while the work continues.

(4) Any proposed work involving the use of carcinogenic substances that has been notified to WorkCover by an employer in accordance with the former Act is taken to be notified to WorkCover by the employer for the purposes of this clause.

Maximum penalty: Level 4.