Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 475

    (1)     A person conducting a business or undertaking who commissions asbestos removal work requiring a Class A asbestos removal licence at a workplace must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the workplace.

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)     If the workplace is residential premises, the licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at the premises must ensure that an independent licensed asbestos assessor undertakes air monitoring of the asbestos removal area at the premises.

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)     The air monitoring must be carried out—

        (a)     immediately before the licensed asbestos removal work commences; and

        (b)     while the licensed asbestos removal work is carried out.

    (4)     The person who commissions the licensed asbestos removal work must ensure that the results of the air monitoring are given to the following:

        (a)     workers at the workplace;

        (b)     health and safety representatives for workers at the workplace;

        (c)     a person conducting a business or undertaking at the workplace;

        (d)     other persons at the workplace.

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).

    (5)     If the workplace is residential premises, the licensed asbestos removalist carrying out the licensed asbestos removal work at the premises must ensure that the results of the air monitoring are given to the following:

        (a)     the person who commissioned the asbestos removal work;

        (b)     workers at the workplace;

        (c)     health and safety representatives for workers at the workplace;

        (d)     a person conducting a business or undertaking at the workplace;

        (e)     the occupier of the residential premises;

        (f)     the owner of the residential premises;

        (g)     other persons at the workplace.

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).

    (6)     An independent licensed asbestos assessor, who undertakes air monitoring for the purposes of this section, must use the membrane filter method for the air monitoring.

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).