Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 430

  (1)   A person with management or control of a workplace that has an asbestos management plan must ensure that the plan is reviewed and as necessary revised in the following circumstances:

  (a)   there is a review of the asbestos register or a control measure;

  (b)   asbestos is removed from, or disturbed, sealed or enclosed at, the workplace;

  (c)   the plan is no longer adequate for managing asbestos or ACM at the workplace;

  (d)   a health and safety representative requests a review under subregulation   (2);

  (e)   at least once every 5 years.

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.

  (2)   A health and safety representative for workers at a workplace may request a review of an asbestos management plan if the representative reasonably believes that:

  (a)   a circumstance referred to in paragraph   (1)(a), (b) or (c) affects or may affect the health and safety of a member of the work group represented by the health and safety representative; and

  (b)   the person with management and control of the workplace has not adequately reviewed the asbestos management plan in response to the circumstance.