WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 429 Asbestos management plan

WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 429

    (1)     This regulation applies if asbestos or ACM is:

(a)     identified at a workplace under regulation 422; or

(b)     likely to be present at a workplace from time to time.

    (2)     A person with management or control of the workplace must ensure that a written plan (an asbestos management plan ) for the workplace is prepared.

Maximum penalty:

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

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

Note for subregulation (2)

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

    (3)     A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up-to-date.

Maximum penalty:

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

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

Note for subregulation (3)

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

    (4)     An asbestos management plan must include information about the following:

(a)     the identification of asbestos or ACM;

(b)     decisions, and reasons for decisions, about the management of asbestos at the workplace;

(c)     procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace;

(d)     workers carrying out work involving asbestos.

Example for subregulation (4)(a)

A reference or link to the asbestos register for the workplace and signage and labelling.

Example for subregulation (4)(b)

Safe work procedures and control measures.

Example for subregulation (4)(c)

Consultation, responsibilities, information and training.

    (5)     A person with management or control of a workplace must ensure that a copy of the asbestos management plan for the workplace is readily accessible to:

(a)     a worker who has carried out, carries out or intends to carry out, work at the workplace; and

(b)     a health and safety representative who represents a worker referred to in paragraph (a); and

(c)     a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

(d)     a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out 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 (5)

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