New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 345

345 Proposed work in respect of which notice to WorkCover is required

(1) An employer 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.

(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.

(5) An employer is not required to comply with subclause (1) (a) within the period of 12 months after the commencement of this clause to the extent that it applies to:

(a) the therapeutic use of cyclophosphamide, or

(b) the use of benzene as a feed stock containing more than 50 per cent of benzene by volume, or

(c) the use of chloromethyl ether, technical grade.

(6) An employer is not required to comply with subclause (1) (b) within the period of 3 months after the commencement of this clause.

Maximum penalty: Level 4.