Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 387

  (1)   This regulation applies if:

  (a)   a person conducting a business or undertaking at a workplace is authorised under regulation   384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace; and

  (b)   a worker uses, handles or stores the prohibited carcinogen or restricted carcinogen at the workplace.

  (2)   This regulation applies whether or not the person conducting the business or undertaking is required to be authorised by the regulator to use handle or store the prohibited or restricted carcinogen.

Note:   Under regulation   749, the duty to be authorised does not apply until 1   January 2013.

  (3)   The person must give to the worker, at the end of the worker's engagement by the person, a written statement of the following:

  (a)   the name of the prohibited or restricted carcinogen to which the worker may have been exposed during the engagement;

  (b)   the time the worker may have been exposed;

  (c)   how and where the worker may obtain records of the possible exposure;

  (d)   whether the worker should undertake regular health assessments, and the relevant tests to undertake.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.