Health and Safety at Work (Asbestos) Regulations 2016

8 WorkSafe may approve method for managing risk associated with asbestos

(1)

WorkSafe may, on application by a PCBU or on its own initiative, approve a method for managing the risk associated with asbestos at the workplace.

(2)

WorkSafe may approve a method under subclause (1) only if it is satisfied on reasonable grounds that the method will be effective.

(3)

A decision on an application must be made by WorkSafe within 120 days of receipt of the application.

(4)

WorkSafe must, if it regards an application as incomplete, give the applicant a reasonable opportunity to provide the additional information required.

(5)

WorkSafe must, if it proposes to refuse an application, give the applicant a reasonable opportunity to comment on the proposed refusal.

(6)

WorkSafe must notify the applicant in writing of the reasons for a decision to refuse to approve a method.

(7)

WorkSafe may—

(a)

withdraw its approval of a method for managing the risk associated with asbestos at the workplace; or

(b)

make changes to an approved method.

(8)

Before taking any action under subclause (7), WorkSafe must give the original applicant (if any) written notice of the proposed action and a reasonable opportunity to respond.