Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 445

Duty to train workers about asbestos awareness

    (1)     In addition to the training required by division 3.2.1 (Information, training and instruction), a person conducting a business or undertaking must ensure that the following people are trained in a course in asbestos awareness declared under subsection (1A) (a):

        (a)     a worker engaged by the person who the person reasonably believes will work with asbestos or ACM while the worker is carrying out work in the business or undertaking;

        (b)     a worker engaged by the person in an occupation declared under subsection (1A) (b).

Maximum penalty: tier E monetary penalty.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (1A)     The Minister may declare—

        (a)     a course in asbestos awareness; and

        (b)     an occupation for which training in a course in asbestos awareness is required.

    (1B)     A declaration is a notifiable instrument.

Note     A notifiable instrument must be notified under the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

.

    (2)     This section does not apply in relation to a licensed asbestos removalist or a licensed asbestos assessor.

    (3)     The person must ensure that a record is kept of the training undertaken by the worker—

        (a)     while the worker is carrying out work in the business or undertaking; and

        (b)     for 5 years after the day the worker ceases working for the person.

Maximum penalty: tier I monetary penalty.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (4)     The person must keep the record available for inspection under the Act.

Maximum penalty: tier I monetary penalty.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).



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