Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 430

    (1)     A person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances:

        (a)     there is a review of the asbestos register or a control measure;

        (b)     asbestos is removed from, or disturbed, sealed or enclosed at, the workplace;

        (c)     the plan is no longer adequate for managing asbestos or ACM at the workplace;

        (d)     a health and safety representative requests a review under subsection (2);

        (e)     at least once every 5 years.

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).

    (2)     A health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that—

        (a)     a circumstance mentioned in subsection (1) (a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

        (b)     the person with management or control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance.