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Contents (2017 - 404)
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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 6 December 2019 at 17:10)
Chapter 8 Part 8.4
Part 8.4 Management of naturally occurring asbestos
431   Naturally occurring asbestos
The person with management or control of a workplace must manage, in accordance with Part 3.1, risks to health and safety associated with naturally occurring asbestos at the workplace.
Note.
 WHS Act—section 20 (see clause 9).
432   Asbestos management plan
(1)  This clause applies if naturally occurring asbestos is—
(a)  identified at a workplace, or
(b)  likely to be present at a workplace.
(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 in relation to the naturally occurring asbestos.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(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, or
(b)  in the case of a body corporate—$30,000.
(4)  An asbestos management plan must include information about the following—
(a)  the identification of naturally occurring asbestos,
(b)  decisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace,
Example.
 Safe work procedures and control measures.
(c)  procedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace,
(d)  workers carrying out work involving naturally occurring asbestos.
Example.
 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 naturally occurring asbestos at 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, or
(b)  in the case of a body corporate—$18,000.
433   Review of asbestos management plan
A person with management or control of a workplace that has an asbestos management plan for naturally occurring asbestos must ensure that the plan is reviewed and as necessary revised if the plan is no longer adequate for managing naturally occurring asbestos at the workplace.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Example.
 A control measure is revised under clause 38.
434   Training in relation to naturally occurring asbestos
A person conducting a business or undertaking must ensure that the training required under clause 445 includes training in the hazards and risks associated with naturally occurring asbestos for workers who carry out work where naturally occurring asbestos is likely to be found.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.