Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 474A

474A Obligations of licensed asbestos removalist in particular circumstances

(1) This section applies if—

(a) a competent person has issued a clearance certificate (the
"first clearance certificate" ) under section 474 for an asbestos removal area; and

(b) the asbestos removal area, or the area immediately surrounding it, was not free from visible asbestos contamination when the person issued the first clearance certificate; and

(c) an inspector issues an improvement notice or prohibition notice to the licensed asbestos removalist who carried out the asbestos removal work (the
"original removal work" ) to which the first clearance certificate relates; and

(d) the improvement notice requires, or the prohibition notice directs, the licensed asbestos removalist to take steps necessary to ensure the asbestos removal area, and the area immediately surrounding it, are free from visible asbestos contamination.

(2) The licensed asbestos removalist must ensure that a clearance inspection of the asbestos removal area is carried out by an independent competent person who—

(a) is not the independent competent person who issued the first clearance certificate; and

(b) was not involved in the original removal work; and

(c) is not, and has not previously been, involved in a business or undertaking involved in the original removal work.

Penalty—

Maximum penalty—60 penalty units.

(3) The licensed asbestos removalist must not seek to recover from the owner or occupier of the asbestos removal area the costs of—

(a) carrying out work required under the improvement notice, or directed under the prohibition notice; or

(b) the clearance inspection mentioned in subsection (2) .