Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 484

Disposing of asbestos waste and contaminated personal protective equipment

  (1)   Subject to subregulation   (2), a person conducting a business or undertaking for which asbestos - related work is carried out must ensure that asbestos waste:

  (a)   is contained and labelled in accordance with the GHS before the waste is removed from an asbestos - related work 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)   The person must ensure that personal protective equipment used in asbestos - related work and contaminated with asbestos:

  (a)   is sealed in a container, and that the exterior of the container is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed; and

  (b)   so far as is reasonably practicable, is disposed of on the completion of the asbestos - related 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 the purposes of asbestos - related work; 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 the purposes of asbestos - related work.

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)   The person 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 - related work area.

Penalty:

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

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

Note 1:   State legislation relating to laundries handling asbestos - contaminated clothing 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.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback