Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 402

    (1)     A person conducting a business or undertaking at a workplace must assess each lead process carried out by the business or undertaking at the workplace to determine if lead risk work is carried out in the process.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

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

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

    (2)     In assessing a lead process, the person must have regard to the following:

        (a)     past biological monitoring results of workers;

        (b)     airborne lead levels;

        (c)     the form of lead used;

        (d)     the tasks and processes required to be undertaken with lead;

        (e)     the likely duration and frequency of exposure to lead;

        (f)     possible routes of exposure to lead;

        (g)     any information about incidents, illnesses or diseases in relation to the use of lead at the workplace.

    (3)     In assessing a lead process, the person must not have regard to the effect of using personal protective equipment on the health and safety of workers at the workplace.

    (4)     If a person conducting a business or undertaking at a workplace is unable to determine whether lead risk work is carried out in a lead process at the workplace, the process is taken to include lead risk work until the person determines that lead risk work is not carried out in the process.