Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 435

    (1)     A person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with section 436, to a worker carrying out work for the business or undertaking if the worker is—

        (a)     carrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work; or

        (b)     is carrying out other ongoing asbestos removal work or asbestos-related work and is at risk of exposure to asbestos when carrying out the work.

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).

    (2)     For the purposes of subsection (1) (a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work.

    (3)     The person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to 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).