Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 368

A person conducting a business or undertaking must ensure that health monitoring is provided to a worker carrying out work for the business or undertaking if—

        (a)     the worker is carrying out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker's health because of exposure to a hazardous chemical referred to in schedule 14, table 14.1, column 2; or

        (b)     the person identifies that because of ongoing work carried out by a worker using, handling, generating or storing hazardous chemicals there is a significant risk that the worker will be exposed to a hazardous chemical (other than a hazardous chemical referred to in schedule 14, table 14.1, column 2) and either—

              (i)     valid techniques are available to detect the effect on the worker's health; or

              (ii)     a valid way of determining biological exposure to the hazardous chemical is available and it is uncertain, on reasonable grounds, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded.

Maximum penalty: tier E monetary penalty.

Note 1     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

Note 2     Exposure standard —see the dictionary.