(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).