WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 422 Asbestos to be identified or assumed at workplace

WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 422

    (1)     A person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent person.

Maximum penalty:

(a)     in the case of an individual – $6 000.

(b)     in the case of a body corporate – $30 000.

Note for subregulation (1)

Strict liability applies to each physical element of this offence. See section 12B of the Act.

    (2)     A person with management or control of a workplace must:

(a)     if material at the workplace cannot be identified but a competent person reasonably believes that the material is asbestos or ACM – assume that the material is asbestos; and

(b)     if part of the workplace is inaccessible to workers and likely to contain asbestos or ACM – assume that asbestos is present in the part of the workplace.

    (3)     Subregulation (1) does not apply if the person:

(a)     assumes that asbestos or ACM is present; or

(b)     has reasonable grounds to believe that asbestos or ACM is not present.

    (4)     If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.