WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 425 Asbestos register
WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 425
Asbestos register(1) A person with management or control of a workplace must ensure that a register (an asbestos register ) is prepared and kept at the workplace.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The person must ensure that the asbestos register is maintained to ensure the information in the register is up-to-date.
Maximum penalty:
(a) in the case of an individual – $3 600.
(b) in the case of a body corporate – $18 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) The asbestos register must:
(a) record any asbestos or ACM identified at the workplace under regulation 422, or likely to be present at the workplace from time to time including:
(i) the date on which the asbestos or ACM was identified; and
(ii) the location, type and condition of the asbestos or ACM; or
(b) state that no asbestos or ACM is identified at the workplace if the person knows that no asbestos or ACM is identified, or is likely to be present from time to time, at the workplace.
(4) The person is not required to prepare an asbestos register for a workplace if a register has already been prepared for that workplace.
(5) Subject to subregulation (6), this regulation applies to buildings whenever constructed.
(6) This regulation does not apply to a workplace if:
(a) the workplace is a building that was constructed after 31 December 2003; and
(b) no asbestos has been identified at the workplace; and
(c) no asbestos is likely to be present at the workplace from time to time.