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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 20 June 2019 at 03:17)
Chapter 8 Part 8.6
Part 8.6 Demolition and refurbishment
447   Application—Part 8.6
(1)  This Part applies to the demolition or refurbishment of a structure or plant constructed or installed before 31 December 2003.
(2)  In this clause, demolition or refurbishment does not include minor or routine maintenance work, or other minor work.
448   Review of asbestos register
The person with management or control of a workplace must ensure that, before demolition or refurbishment is carried out at the workplace, the asbestos register for the workplace is:
(a)  reviewed, and
(b)  if the register is inadequate having regard to the proposed demolition or refurbishment—revised.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Example.
 The register identifies an inaccessible area that is likely to contain asbestos and the area is likely to be accessible because of demolition.
449   Duty to give asbestos register to person conducting business or undertaking of demolition or refurbishment
The person with management or control of a workplace must ensure that the person conducting a business or undertaking who carries out the demolition or refurbishment is given a copy of the asbestos register before the demolition or refurbishment is commenced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
450   Duty to obtain asbestos register
A person conducting a business or undertaking who carries out demolition or refurbishment at a workplace must obtain a copy of the asbestos register from the person with management or control of the workplace, before the person commences the demolition or refurbishment.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
451   Determining presence of asbestos or ACM
(1)  This clause applies if:
(a)  demolition or refurbishment is to be carried out at a workplace, and
(b)  there is no asbestos register for the structure or plant to be demolished or refurbished at the workplace.
(2)  The person conducting a business or undertaking who is to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  The person conducting a business or undertaking who is to carry out the demolition or refurbishment must ensure that the determination is undertaken by a competent person.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The person conducting a business or undertaking who is to carry out the demolition or refurbishment must assume that asbestos or ACM is fixed to or installed in the structure or plant if:
(a)  the competent person is, on reasonable grounds, uncertain whether or not asbestos is fixed to or installed in the structure or plant, or
(b)  part of the structure or plant is inaccessible and likely to be disturbed.
(5)  If asbestos or ACM is determined or assumed to be fixed to or installed in the structure or plant, the person conducting a business or undertaking who is to carry out the demolition or refurbishment must inform:
(a)  if the workplace is residential premises:
(i)  the occupier of the premises, and
(ii)  the owner of the premises, and
(b)  in any other case—the person with management or control of the workplace.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
452   Identification and removal of asbestos before demolition
(1)  This clause applies if a structure or plant at a workplace is to be demolished.
(2)  This clause does not apply:
(a)  in an emergency to which clause 454 applies, or
(b)  to residential premises.
(3)  The person with management or control of the workplace, or of the structure or plant, must ensure:
(a)  that all asbestos that is likely to be disturbed by the demolition is identified, and
(b)  so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  Subclause (3) (b) does not apply if the purpose of the demolition is to gain access to the asbestos.
453   Identification and removal of asbestos before demolition of residential premises
(1)  A person conducting a business or undertaking that is to carry out the demolition of residential premises must ensure:
(a)  that all asbestos that is likely to be disturbed by the demolition is identified, and
(b)  so far as is reasonably practicable, that the asbestos is removed before the demolition is commenced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  This clause does not apply in an emergency to which clause 455 applies.
(3)  Subclause (1) (b) does not apply if the purpose of the demolition is to gain access to the asbestos.
454   Emergency procedure
(1)  This clause applies if:
(a)  an emergency occurs at a workplace other than residential premises, and
(b)  a structure or plant at the workplace must be demolished, and
(c)  asbestos is fixed to or installed in the structure or plant before the emergency occurs.
(2)  The person with management or control of the workplace must ensure, so far as is reasonably practicable, that:
(a)  before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard, and
(b)  the asbestos register for the workplace is considered in the development of the procedure.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  The person must ensure that the regulator is given written notice about the emergency:
(a)  immediately after the person becomes aware of the emergency, and
(b)  before the demolition is commenced.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(4)  For the purposes of this clause, an emergency occurs if:
(a)  a structure or plant is structurally unsound, or
(b)  collapse of the structure or plant is imminent.
455   Emergency procedure—residential premises
(1)  This clause applies if:
(a)  an emergency occurs at residential premises, and
(b)  a structure or plant at the premises must be demolished, and
(c)  asbestos is fixed to or installed in the structure or plant before the emergency occurs.
(2)  A person conducting a business or undertaking who is to carry out the demolition of the residential premises must ensure so far as is reasonably practicable, that, before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(3)  The person must ensure that the regulator is given written notice about the emergency:
(a)  immediately after the person becomes aware of the emergency, and
(b)  before the demolition is commenced.
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(4)  For the purposes of this clause, an emergency occurs if:
(a)  a structure or plant is structurally unsound, or
(b)  collapse of the structure or plant is imminent.
456   Identification and removal of asbestos before refurbishment
(1)  This clause applies if a structure or plant at a workplace is to be refurbished.
(2)  This clause does not apply to residential premises.
(3)  The person with management or control of the workplace, or of the structure or plant, must ensure:
(a)  that all asbestos that is likely to be disturbed by the refurbishment is identified, and
(b)  so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
457   Refurbishment of residential premises
A person conducting a business or undertaking who is to carry out refurbishment of residential premises must ensure:
(a)  that all asbestos that is likely to be disturbed by the refurbishment is identified, and
(b)  so far as is reasonably practicable, that the asbestos is removed before the refurbishment is commenced.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.