Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 (Vic)

Occupational Health and Safety (Asbestos)

ts	(Amendment) Regulations 2003
n	S.R. No. 157/2003
e
m
u	TABLE OF PROVISIONS
c

o Regulation Page

D	1.	Objective	1
ry	2.	Authorising provisions	2
3.	Commencement	2
ta	4.	Principal Regulations	2
n	5.	Exemption for chrysotile from certain provisions	2
e	106A.	Exemption for chrysotile from regulations 311 and 312	2
106B.	Exemption for chrysotile from regulations 307, 308,
m	309 and 310	4
ia	6.	Notice required of certain matters determined by the Authority	5
rl	7.	General exclusions	5
a	8.	New Schedule 1A inserted	6
P	SCHEDULE 1A—Categories of Asbestos-Containing Material

d	Containing Chrysotile Asbestos and their
Uses 6
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ENDNOTES 8

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STATUTORY RULES 2003

ts	S.R. No. 157/2003
n
e	Occupational Health and Safety 1985
m	Dangerous Goods Act 1985
u
c
o	Occupational Health and Safety (Asbestos)

(Amendment) Regulations 2003

D

ry	The Governor in Council makes the following Regulations:
ta	Dated: 16 December 2003
n
e	Responsible Minister:
m	ROB HULLS
ia	Minister for WorkCover
rl
a	SUDHA KASYNATHAN
P	Acting Clerk of the Executive Council
d	1. Objective
n
a	The objective of these Regulations is to amend the
n	Occupational Health and Safety (Asbestos)
o
ti	Regulations 2003—

(a) to exempt persons from complying with

la	certain requirements in relation to chrysotile
is	asbestos; and
g
e	(b) to provide that certain prohibitions do not
L	apply in specified circumstances in relation
n	to soil or construction material that contains
a
ri	asbestos.
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2. Authorising provisions

These Regulations are made under section 59 of

ts	the Occupational Health and Safety Act 1985
n	and section 52 of the Dangerous Goods Act
e	1985.
m	3. Commencement
u
c	There Regulations come into operation on
o	31 December 2003.
D	4. Principal Regulations
ry	In these Regulations, the Occupational Health and
ta	Safety (Asbestos) Regulations 20031 are called the
n	Principal Regulations.
e	5. Exemption for chrysotile from certain provisions
m
ia	After regulation 106 of the Principal Regulations
rl	insert—
a	"106A. Exemption for chrysotile from regulations
P	311 and 312
d	(1) A person is not required to comply with
n	regulation 311 or 312 until the relevant date
a	specified in Schedule 1A if—
n
o	(a) the asbestos-containing material
ti	contains chrysotile asbestos (but not
la	amphibole asbestos) and is of a type,
is	and for a use, that falls within a
g	category specified in Schedule 1A; and
e	(b) the person has given a notice to the
L	Authority in accordance with sub-
n	regulation (2); and
a

ri	(c)	the person receives from the Authority
to	a confirmation of receipt of the notice.
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(2) A notice referred to in sub-regulation (1)(b)

must state—

ts	(a)	the person's name and any registered
n	business name; and

e	(b) the person's contact details; and
m	(c) the category specified in Schedule 1A
u
c	within which the chrysotile asbestos
o	falls; and
D	(d) the address of the premises where the
ry	person will use, install or re-use
ta	chrysotile-containing material or will
replace any material with chrysotile-
n
e	containing material; and

(e) the quantity of chrysotile-containing

m

material; and

ia
rl

(f) if different to paragraph (b), the contact

a	details of the person immediately
P	involved in the use, installation or re-
d	use of chrysotile-containing material or
n	in the replacement of any material with
a	chrysotile-containing material; and
n	(g) the date of the notice; and
o
ti	(h) the details of any consultation that
la	occurred with the health and safety
is	representative of a relevant designated
g	work group in relation to the proposed
e	use, installation or re-use of chrysotile-
L	containing material or replacement of
n	any material with chrysotile-containing
a
ri	material; and

(i) the name and contact details of persons

to	who will supply, store, transport or sell
ic	the chrysotile-containing material.
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(3) Within 30 days after receiving a notice under

sub-regulation (1)(b), the Authority must—

ts	(a)	give the person who gave the notice a
n	receipt in writing that states that the
e	Authority confirms receipt of the
m	notice; or

u	(b) in writing inform the person who gave
c
o	the notice—
D	(i) that the Authority defers

confirming receipt of the notice

ry	under paragraph (a) because the
ta	notice contains insufficient
n	information; and
e	(ii) what further information is
m
ia	required by the Authority.
rl	(4) The person who receives a confirmation of
a	receipt under sub-regulation (3)(a) must
P	provide a copy of the confirmation of receipt
d	to any other person who supplies, stores
n	transports or sells chrysotile-containing
a	material on behalf of the first-mentioned
n	person.
o	106B. Exemption for chrysotile from regulations
ti	307, 308, 309 and 310
la	A person who is given a copy of a
is	confirmation of receipt under regulation
g	106A(4) is not required to comply with
e	regulation 307, 308, 309 or 310 when
L	supplying, storing, transporting or selling the
n
a	chrysotile-containing material specified in
ri	the confirmation of receipt.".
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6.  Notice required of certain matters determined by the Authority

ts	After regulation 108(c) of the Principal
n	Regulation insert—
e	"(ca) regulation 301(3)(b)(i); or".
m	7. General exclusions
u
c	After regulation 301(2) of the Principal
o	Regulations insert—
D
"(3) The prohibitions specified in regulations 307
ry	to 312(1) and (3) do not apply to—
ta	(a) soil from which asbestos-containing
n	material has been removed and where a
e	visual inspection of that soil caused by
m	the person proposing to supply, store,
ia	transport, sell, use, re-use or install the
rl	soil indicates that there is no remaining
a	asbestos-containing material in the soil;
P	or
d	(b) construction materials (including
n
a	concrete and bricks)—
n	(i) of which less than a percentage
o	determined by the Authority is
ti	asbestos-containing material
la	measured using a method
is	determined by the Authority; and
g	(ii) that are intended to be re-used as
e	base materials in construction
L	work (such as roads and
n	foundations).
a
ri	(4) Re-used construction materials referred to in
to	sub-regulation (3)(b) must be enclosed or
sealed within material to prevent the release
ic	of airborne asbestos fibres.".
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8. New Schedule 1A inserted

After Schedule 1 to the Principal Regulations

ts	insert—
n
e	'SCHEDULE 1A
m	Regulation 106A
u
c	CATEGORIES OF ASBESTOS-CONTAINING
o	MATERIAL CONTAINING CHRYSOTILE
D	ASBESTOS AND THEIR USES
ry	Category 1
ta	1. Compressed asbestos fibre ("CAF") gaskets used in
n	vessels or pipes that hold or transfer—
e	(a) saturated steam; or
m
ia
rl
(b) superheated steam; or
(c) substances that are—
a	(i) hazardous substances within the meaning
P	of the Occupational Health and Safety (Hazardous Substances) Regulations
d	1999; or
n
a	(ii) dangerous goods; or

n	(d)	chlorine, if, in the case of plants used in liquid
o	chlorine service, there are design process
ti	conditions of –45 degrees Celsius and 1500 kPa
la	pressure.

is 2. The category includes gaskets used in vehicles, such

as cylinder head gaskets and exhaust gaskets that

g	contain the substances referred to in item 1.
e
L	3. The category does not include—
n	(a) spiral wound gaskets with an asbestos filler;
a
ri	(b) valve packings.
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Category 2

1.  Products consisting of a mixture of asbestos and phenol formaldehyde resin or asbestos and cresylic

ts	formaldehyde resin that are used in—
n	(a) vanes for rotary vacuum pumps; or
e
(b) vanes for rotary compressors; or
m
u	(c) spilt face seals of at least 150 millimetres in
c	diameter used to prevent leakage of water from
o	cooling water pumps in fossil fuel electricity
D	generating stations.

ry	2.	Compliance with regulation 311 or 312 is not required
until 1 January 2008.
ta

n Category 3

e	1.	Diaphragms for use in electrolytic cells in existing
m	electrolysis plants for chlor-alkali manufacture.

ia	2. Chlor-alkali products are chlorine, caustic soda and
rl	hydrogen. The manufacturing process involves the electrolysis of brine (sodium chloride solution) in
a	electrolytic cells.
P

3.   Compliance with regulation 311 or 312 is not required

d	until 1 January 2007.
n
a	Category 4
n	1. Chrysotile-containing parts and components in
o	relation to which an exemption under the
ti	Occupational Health and Safety (Commonwealth
la	Employment) (National Standards) Regulations 1994 of the Commonwealth has been granted to the
is	Commonwealth Department of Defence or the
g	Australian Defence Force.

e	2.	Compliance with regulation 311 or 312 is not required
L	until 1 January 2008.'.
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Occupational Health and Safety (Asbestos) (Amendment)
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Endnotes S.R. No. 157/2003

ENDNOTES

ts

n	1 Reg. 4: S.R. No. 16/2003.
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