Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 422

Asbestos to be identified or assumed at workplace

    (1)     A person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a licensed asbestos assessor.

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)     A person with management or control of a workplace must—

        (a)     if material at the workplace cannot be identified but a licensed asbestos assessor reasonably believes that the material is asbestos or ACM—assume that the material is asbestos; and

        (b)     if part of the workplace is inaccessible to workers and likely to contain asbestos or ACM—assume that asbestos is present in the part of the workplace; and

        (c)     if the workplace is residential premises and an approved warning sign is displayed at the residential premises—assume that asbestos is present at the workplace.

    (3)     Subsection (1) does not apply if the person—

        (a)     assumes that asbestos or ACM is present; or

        (b)     has reasonable grounds to believe that asbestos or ACM is not present.

    (4)     If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.



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