Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 477

  (1)   A licensed asbestos removalist removing friable asbestos must ensure, so far as is reasonably practicable, the following:

  (a)   the asbestos removal area is enclosed to prevent the release of respirable asbestos fibres;

  (b)   subject to subregulation   (3), negative pressure is used;

  (c)   the wet method of asbestos removal is used;

  (d)   subject to subregulation   (3), the asbestos removal work does not commence until the air monitoring is commenced by a licensed asbestos assessor;

  (e)   air monitoring is undertaken during the asbestos removal work, at times decided by the independent licensed asbestos assessor undertaking the monitoring;

  (f)   any glove bag used to enclose the asbestos removal area is dismantled and disposed of safely.

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)   A licensed asbestos removalist must ensure that any enclosure used in removing friable asbestos is tested for leaks.

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)   Paragraphs   (1)(b) and (1)(d) do not apply if glove bags are used in the Class A asbestos removal work.

  (4)   The licensed removalist must not dismantle an enclosure for a friable asbestos removal area until the removalist receives results of air monitoring, showing that the recorded respirable asbestos fibre level within the enclosure is below 0 * 01   fibres/ml, from:

  (a)   if the friable asbestos is removed from domestic premises--the licensed asbestos assessor who undertook the air monitoring; or

  (b)   in any other case--the person who commissioned the Class A asbestos removal work.

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.

  (5)   The licensed removalist must ensure that an enclosure for a friable asbestos removal area is dismantled in a way that, so far as is reasonably practicable, eliminates the 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.

  (6)   The person who commissioned the removal of the friable asbestos must obtain a clearance certificate from a licensed asbestos assessor after the enclosure for the friable asbestos removal area has been dismantled.

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.