New South Wales Consolidated Regulations
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OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 345
Proposed work in respect of which notice is required
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.
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