Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 432

Asbestos management plan

  (1)   This regulation applies if naturally occurring asbestos is:

  (a)   identified at a workplace; or

  (b)   likely to be present at a workplace.

  (2)   A person with management or control of the workplace must ensure that a written plan (an asbestos management plan ) for the workplace is prepared in relation to the naturally occurring asbestos.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   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.

  (3)   A person with management or control of the workplace must ensure that the asbestos management plan is maintained to ensure the information in the plan is up to date.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   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.

  (4)   An asbestos management plan must include information about the following:

  (a)   the identification of naturally occurring asbestos;

  (b)   decisions, and reasons for decisions, about the management of naturally occurring asbestos at the workplace;

Example:   Safe work procedures and control measures.

  (c)   procedures for detailing incidents or emergencies involving naturally occurring asbestos at the workplace;

  (d)   workers carrying out work involving naturally occurring asbestos.

Example:   Consultation, responsibilities, information and training.

  (5)   A person with management or control of a workplace must ensure that a copy of the asbestos management plan for naturally occurring asbestos at the workplace is readily accessible to:

  (a)   a worker who has carried out, carries out or intends to carry out, work at the workplace; and

  (b)   a health and safety representative who represents a worker referred to in paragraph   (a); and

  (c)   a person conducting a business or undertaking who has carried out, carries out or intends to carry out, work at the workplace; and

  (d)   a person conducting a business or undertaking who has required, requires, or intends to require work to be carried out at the workplace.

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.


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