Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 429

Asbestos management plan

    (1)     This section applies if asbestos or ACM is—

        (a)     identified at a workplace under section 422 (Asbestos to be identified or assumed at workplace); or

        (b)     likely to be present at a workplace from time to time.

    (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.

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).

    (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.

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

    (4)     An asbestos management plan must include—

        (a)     if a risk assessment has been made of the workplace under section 422A —the risk assessment; and

        (b)     information about the following:

              (i)         the identification of asbestos or ACM;

Example

a reference or link to the asbestos register for the workplace and signage and labelling

              (ii)         decisions, and reasons for decisions, about the management of asbestos at the workplace;

Example

safe work procedures and control measures

              (iii)     procedures for detailing incidents or emergencies involving asbestos or ACM at the workplace;

              (iv)     workers carrying out work involving 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 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 mentioned 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.

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



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