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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 476

Action if respirable asbestos fibre level too high

  (1)   The licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at a workplace must:

  (a)   if respirable asbestos fibre levels are recorded at the asbestos removal area at 0 * 01   fibres/ml or more, but not more than 0 * 02 fibres/ml--immediately:

  (i)   investigate the cause of the respirable asbestos fibre level; and

  (ii)   implement controls to prevent exposure of anyone to asbestos; and

  (iii)   prevent the further release of respirable asbestos fibres; and

  (b)   if respirable asbestos fibre levels are recorded at the asbestos removal area at more than 0 * 02 fibres/ml--immediately:

  (i)   order the asbestos removal work to stop; and

  (ii)   notify the regulator; and

  (iii)   investigate the cause of the respirable asbestos fibre level; and

  (iv)   implement controls to prevent exposure of anyone to asbestos; and

  (v)   prevent the further release of respirable asbestos fibre.

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)   If the licensed removalist stops asbestos removal work requiring a Class A asbestos removal licence because the recorded respirable asbestos fibre level exceeds 0 * 02 fibres/ml, the removalist must ensure that the asbestos removal work does not resume until air monitoring shows that the recorded respirable asbestos fibre level is below 0 * 01   fibres/ml.

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.


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