Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 432

Naturally occurring asbestos—asbestos management plan

    (1)     This section applies if naturally occurring asbestos is—

        (a)     identified at a workplace; or

        (b)     likely to be present at a workplace.

    (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 in relation to the naturally occurring asbestos.

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 information about the following:

        (a)     the identification of naturally occurring asbestos;

        (b)     decisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace;

Example

safe work procedures and control measures

        (c)     procedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace;

        (d)     workers carrying out work involving naturally occurring 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 naturally occurring asbestos at 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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