Work Health and Safety Amendment Regulation 2014 (No 1) (ACT)

Work Health and Safety Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-10

The Australian Capital Territory Executive makes the following regulation under the Work Health and Safety Act 2011.

Dated 23 June 2014.

Simon Corbell

Minister

Joy Burch

Minister

Work Health and Safety Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-10

made under the

Work Health and Safety Act 2011

1. Name of regulation

   This regulation is the Work Health and Safety Amendment Regulation 2014 (No 1).

2. Commencement

   This regulation commences on 30 September 2014.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Work Health and Safety Regulation 2011.

4. New chapter 8

   insert

Chapter 8Asbestos

1. Duty to train workers about asbestos

   (1)In addition to the training required by division 3.2.1 (Information, training and instruction), a person conducting a business or undertaking must ensure that the following people  are trained in the VET course Asbestos Awareness:

   (a)a worker engaged by the person who the person reasonably believes will work with asbestos or ACM while the worker is carrying out work in the business or undertaking;

   (b)a worker engaged by the person in an occupation declared under subsection (1A).

   Maximum penalty:

   (a)in the case of an individual—$6 000; or

   (b)in the case of a body corporate—$30 000.

   NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

   (1A)The Minister may declare an occupation for which training in the VET course Asbestos Awareness is required.

   (1B)A declaration under subsection (1A) is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

   (3)The person must ensure that a record is kept of the training undertaken by the worker—

   (a)while the worker is carrying out work in the business or undertaking; and

   (b)for 5 years after the day the worker ceases working for the person.

   Maximum penalty:

   (a)in the case of an individual—$1 250; or

   (b)in the case of a body corporate—$6 000.

   NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

   (4)The person must keep the record available for inspection under the Act.

   Maximum penalty:

   (a)in the case of an individual—$1 250; or

   (b)in the case of a body corporate—$6 000.

   NoteStrict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).

2. Dictionary, new definitions

   insert

   ACM—see asbestos containing material.

   asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following:

   (a)actinolite asbestos;

   (b)grunerite (or amosite) asbestos (brown);

   (c)anthophyllite asbestos;

   (d)chrysotile asbestos (white);

   (e)crocidolite asbestos (blue);

   (f)tremolite asbestos;

   (g)a mixture that contains 1 or more of the minerals referred to in paragraphs (a) to (f).

   asbestos containing material (ACM) means any material or thing that, as part of its design, contains asbestos.

Endnotes

1. Notification

   Notified under the Legislation Act on 25 June 2014.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2014