Health and Safety at Work (Asbestos) Regulations 2016

Part 2 Work involving asbestos

Subpart 1—Conduct and general duties

7 Prohibition on carrying out, directing, or allowing work involving asbestos or ACM

(1)

A PCBU must not carry out, or direct or allow a worker to carry out, work involving asbestos.

(2)

Subclause (1) does not apply if the work involving asbestos is any of the following:

(a)

genuine research and analysis:

(b)

sampling and identification in accordance with these regulations:

(c)

removal or disposal of asbestos or ACM, including demolition work, in accordance with these regulations:

(d)

the transport and disposal of asbestos or asbestos waste in accordance with these regulations:

(e)

demonstrations, education, or practical training in relation to asbestos or ACM:

(f)

fire-fighting:

(g)

a response to an emergency:

(h)

maintenance and servicing work involving ACM in accordance with these regulations:

(i)

rectifying work to ACM undertaken in accordance with these regulations:

(j)

display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM:

(k)

work that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos:

(l)

laundering asbestos-contaminated clothing in accordance with these regulations.

(3)

Subclause (1) does not apply if the work is carried out in accordance with a method approved by WorkSafe under regulation 8.

(4)

Subclause (1) does not apply to work involving—

(a)

soil that a competent person has determined does not contain ACM or friable asbestos in a quantity that is likely to lead to airborne contamination at a level that exceeds trace level; or

(b)

naturally occurring asbestos managed in accordance with an asbestos management plan prepared under regulation 13.

(5)

For the purposes of this regulation, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of, or disturbing asbestos or ACM.

(6)

A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: Model Work Health and Safety Regulations 2011 (Aust) r 419