(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).