Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 472

  (1)   Subject to subregulations (2) and (3), an asbestos removalist must ensure that asbestos waste:

  (a)   is contained and labelled in accordance with the GHS before the waste is removed from an asbestos removal area; and

  (b)   is disposed of as soon as practicable at a site authorised to accept asbestos waste.

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)   An asbestos removalist must ensure that personal protective equipment used in asbestos removal work and contaminated with asbestos:

  (a)   is sealed in a container before being removed from an asbestos waste area; and

  (b)   so far as is reasonably practicable, is disposed of on the completion of the asbestos removal work at a site authorised to accept asbestos waste; and

  (c)   if it is not reasonably practicable to dispose of the personal protective equipment that is clothing:

  (i)   is laundered at a laundry equipped to launder asbestos - contaminated clothing; or

  (ii)   if it is not practicable to launder the clothing--is kept in the sealed container until it is re - used for asbestos removal purposes; and

  (d)   if it is not reasonably practicable to dispose of the personal protective equipment that is not clothing:

  (i)   is decontaminated before it is removed from the asbestos removal area; or

  (ii)   if it is not practicable to decontaminate the equipment in the asbestos removal area--is kept in the sealed container until it is re - used for asbestos removal purposes.

Penalty:

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

  (b)   In the case of a body corporate--$30   000.

Example:   Work boots.

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)   An asbestos removalist must ensure that a sealed container referred to in subregulation   (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos removal area.

Penalty:

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

  (b)   In the case of a body corporate--$30   000.

Note 1:   Relevant electricity safety legislation will also apply to the person conducting the business or undertaking.

Note 2:   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.