Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 484

Disposing of asbestos waste and contaminated personal protective equipment

    (1)     Subject to subsection (2), a person conducting a business or undertaking for which asbestos-related work is carried out must ensure that asbestos waste—

        (a)     is contained and labelled in accordance with the GHS before the waste is removed from an asbestos-related work area; and

Note     GHS —see the dictionary.

        (b)     is disposed of as soon as practicable at a site authorised to accept asbestos waste.

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)     The person must ensure that personal protective equipment used in asbestos-related work and contaminated with asbestos—

        (a)     is sealed in a container, and that the exterior of the container is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed; and

        (b)     so far as is reasonably practicable, is disposed of on the completion of the asbestos-related work at a site authorised to accept asbestos waste; and

        (c)     if it is not reasonably practicable to dispose of the personal protective equipment that is clothing—

              (i)     is laundered at a laundry equipped to launder asbestos-contaminated clothing; or

              (ii)     if it is not practicable to launder the clothing, is kept in the sealed container until it is re-used for the purposes of asbestos-related work; and

        (d)     if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing—

              (i)     is decontaminated before it is removed from the asbestos removal area; or

              (ii)     if it is not practicable to decontaminate the equipment in the asbestos removal area, is kept in the sealed container until it is re-used for the purposes of asbestos-related work.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Example—personal protective equipment

work boots

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

    (3)     The person must ensure that a sealed container mentioned in subsection (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos-related work area.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note 1     GHS —see the dictionary.

Note 2     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).



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