Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 455

  (1)   This regulation applies if:

  (a)   an emergency occurs at domestic premises; and

  (b)   a structure or plant at the premises must be demolished; and

  (c)   asbestos is fixed to or installed in the structure or plant before the emergency occurs.

  (2)   A person conducting a business or undertaking who is to carry out the demolition of the domestic premises must ensure so far as is reasonably practicable, that, before the demolition is commenced, a procedure is developed that will, so far as is reasonably practicable, reduce the risk of exposure of workers and persons in the vicinity of the demolition site to asbestos to below the exposure standard.

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.

  (3)   The person must ensure that the regulator is given written notice about the emergency:

  (a)   immediately after the person becomes aware of the emergency; and

  (b)   before the demolition is commenced.

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.

  (4)   For the purposes of this regulation, an emergency occurs if:

  (a)   a structure or plant is structurally unsound; or

  (b)   collapse of the structure or plant is imminent.