Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 482

Air monitoring

    (1)     A person conducting a business or undertaking at a workplace must ensure that a licensed asbestos assessor carries out air monitoring of the work area where asbestos-related work is being carried out if there is uncertainty as to whether the exposure standard is likely to be exceeded.

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 licensed asbestos assessor determines that the exposure standard has been exceeded at any time in a work area, the person conducting the business or undertaking must, so far as is reasonably practicable—

        (a)     determine the workers and other persons who were in the work area during that time; and

        (b)     warn those workers about possible exposure to respirable asbestos fibres; and

        (c)     so far as is reasonably practicable, warn the other persons about possible exposure to respirable asbestos fibres.

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 person conducting the business or undertaking must ensure that information about exposure to respirable asbestos fibres, including the determination made by the licensed asbestos assessor and the results of the air monitoring, is readily accessible to the workers and other persons mentioned in subsection (2).

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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