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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Repealed version for 1 July 2017 to 31 August 2017 (accessed 25 June 2019 at 21:29)
Chapter 8 Part 8.9
Part 8.9 Asbestos-related work
478   Application of Part 8.9
This Part applies in relation to asbestos-related work.
479   Uncertainty as to presence of asbestos
(1)  If there is uncertainty (based on reasonable grounds) as to whether work to be carried out for a business or undertaking is asbestos-related work, the person conducting the business or undertaking must ensure that analysis of a sample is undertaken to determine if asbestos or ACM is present.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  For the purposes of subclause (1), the person must ensure that the sample is analysed only by:
(a)  a NATA-accredited laboratory accredited for the relevant test method, or
(b)  a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia, or
(c)  a laboratory operated by the regulator.
(3)  Subclause (1) does not apply if the person assumes that asbestos is present.
480   Duty to give information about health risks of asbestos-related work
A person conducting a business or undertaking must give the following information to a person likely to be engaged to carry out asbestos-related work for the business or undertaking before the person is engaged to carry out the work:
(a)  the health risks and health effects associated with exposure to asbestos,
(b)  the need for, and details of, health monitoring of a worker carrying out asbestos-related work.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
481   Asbestos-related work to be in separate area
A person conducting a business or undertaking that involves the carrying out of asbestos-related work must ensure that:
(a)  the asbestos-related work area is separated from other work areas at the workplace, and
(b)  signs alerting persons to the presence of asbestos are placed to indicate where the asbestos-related work is being carried out, and
(c)  barricades are erected to delineate the asbestos-related work area.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
482   Air monitoring
(1)  A person conducting a business or undertaking at a workplace must ensure that a competent person carries out air monitoring of the work area where asbestos-related work is being carried out if there is uncertainty as to whether the exposure standard is likely to be exceeded.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  If the competent person determines that the exposure standard has been exceeded at any time in a work area, the person conducting the business or undertaking must, so far as is reasonably practicable:
(a)  determine the workers and other persons who were in the work area during that time: and
(b)  warn those workers about possible exposure to respirable asbestos fibres, and
(c)  so far as is reasonably practicable, warn the other persons about possible exposure to respirable asbestos fibres.
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 the business or undertaking must ensure that information about exposure to respirable asbestos fibres, including the determination made by the competent person and the results of the air monitoring, is readily accessible to the workers and other persons referred to in subclause (2).
Maximum penalty:
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
483   Decontamination facilities
(1)  A person conducting a business or undertaking for which asbestos-related work is carried out must ensure that facilities are available to decontaminate the following:
(a)  the asbestos-related work area,
(b)  any plant used in the asbestos-related work area,
(c)  workers carrying out the asbestos-related work.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The person must ensure that nothing that is likely to be contaminated with asbestos is removed from the asbestos-related work area unless the thing:
(a)  is decontaminated before being removed, or
(b)  is sealed in a container, and the exterior of the container is:
(i)  decontaminated, and
(ii)  labelled in accordance with the GHS to indicate the presence of asbestos,
before being removed.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
484   Disposing of asbestos waste and contaminated personal protective equipment
(1)  Subject to subclause (2), a person conducting a business or undertaking for which asbestos-related work is carried out must ensure that asbestos waste:
(a)  is contained and labelled in accordance with the GHS before the waste is removed from an asbestos-related work area, and
(b)  is disposed of as soon as practicable at a site authorised to accept asbestos waste.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The person must ensure that personal protective equipment used in asbestos-related work and contaminated with asbestos:
(a)  is sealed in a container, and that the exterior of the container is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed, and
(b)  so far as is reasonably practicable, is disposed of on the completion of the asbestos-related work at a site authorised to accept asbestos waste, and
(c)  if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:
(i)  is laundered at a laundry equipped to launder asbestos-contaminated clothing, or
(ii)  if it is not practicable to launder the clothing, is kept in the sealed container until it is re-used for the purposes of asbestos-related work, and
(d)  if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:
(i)  is decontaminated before it is removed from the asbestos removal area, or
(ii)  if it is not practicable to decontaminate the equipment in the asbestos removal area, is kept in the sealed container until it is re-used for the purposes of asbestos-related work.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Example.
 Work boots.
(3)  The person must ensure that a sealed container referred to in subclause (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos-related work area.
Maximum penalty:
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.