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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 445

Duty to train workers about asbestos

  (1)   In addition to the training required by Division   1 of Part   3.2, a person conducting a business or undertaking must ensure that workers engaged by the person, whom the person reasonably believes may be involved in asbestos removal work or in the carrying out of asbestos - related work, are trained in the identification and safe handling of, and suitable control measures for, asbestos and ACM.

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.

  (2)   This regulation does not apply in relation to a worker referred to in regulation   460.

  (3)   The person must ensure that a record is kept of the training undertaken by the worker:

  (a)   while the worker is carrying out the work; and

  (b)   for 5 years after the day the worker ceases working for the person.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   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)   The person must keep the record available for inspection under the Act.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   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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