Work Health and Safety Amendment Regulation 2014 (No 3) (ACT)

Work Health and Safety Amendment Regulation 2014 (No 3)

Subordinate Law SL2014-27

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

Dated 29 October 2014.

Katy Gallagher

Minister

Mick Gentleman

Minister

Work Health and Safety Amendment Regulation 2014 (No 3)

Subordinate Law SL2014-27

made under the

Work Health and Safety Act 2011

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Section 142 (1)  1

5            New section 142 (1) (d)  1

6            Section 142 (2)  2

7           New section 142 (5)  2

8            New section 466  2

9            Dictionary, new definition of respirable asbestos fibre  5

1. Name of regulation

   This regulation is the Work Health and Safety Amendment Regulation 2014 (No 3).

2. Commencement

   This regulation commences on the day after its notification day.

   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. Section 142 (1)

   omit

   subsection (4)

   substitute

   subsection (3)

5. New section 142 (1) (d)

   before the penalty, insert

   (d)demolition of a structure or part of a structure that contains, or has contained, loose-fill asbestos insulation.

6. Section 142 (2)

   omit

   Subsection (4)

   substitute

   Subsection (3)

7. New section 142 (5)

   insert

   (5)In this section:

   loose-fill asbestos insulation means loose-fill amosite or crocidolite asbestos used as ceiling insulation.

8. New section 466

   in chapter 8, insert

9. Regulator must be notified of asbestos removal

   (1)A licensed asbestos removalist must give written notice to the regulator at least 5 days before the removalist commences licensed asbestos removal work on a structure, or part of a structure, that contains, or has contained, loose-fill asbestos insulation.

   Maximum penalty:

   (a)in the case of an individual—$3 600; or

   (b)in the case of a body corporate—$18 000.

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

   (2)Despite subsection (1), licensed asbestos removal work on a structure, or part of a structure, that contains, or has contained, loose‑fill asbestos insulation may be commenced immediately if there is—

   (a)a sudden and unexpected event, including a failure of equipment, that may cause persons to be exposed to respirable asbestos fibres; or

   (b)an unexpected breakdown of an essential service that requires immediate rectification to enable the service to continue.

   (3)If the asbestos must be removed immediately, the licensed asbestos removalist must give notice to the regulator—

   (a)immediately by telephone; and

   (b)in writing within 24 hours after notice is given under paragraph (a).

   Maximum penalty:

   (a)in the case of an individual—$3 600; or

   (b)in the case of a body corporate—$18 000.

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

   (4)A notice under subsection (1) or (3) must include the following:

   (a)the following in relation to the licensed asbestos removalist:

   (i)name;

   (ii)registered business name;

   (iii)Australian Business Number;

   (iv)licence number;

   (v)business contact details;

   (b)the name and business contact details of the supervisor of the licensed asbestos removal work;

   (c)the name and contact details of the person for whom the work is to be carried out;

   (d)the following in relation to the workplace where the asbestos is to be removed:

   (i)the name, including the registered business or company name, of the person with management or control of the workplace;

   (ii)the address and, if the workplace is large, the specific location of the asbestos removal;

   (iii)the kind of workplace;

   (e)the date of the notice;

   (f)the date when the asbestos removal work is to commence and the estimated duration of the work;

   (g)the way the area of removal will be enclosed;

   (h)the estimated quantity of asbestos to be removed;

   (i)the number of workers who are to carry out the asbestos removal work;

   (j)for each worker who is to carry out asbestos removal work—the licence number of each worker who is to carry out asbestos removal work.

   (5)In this section:

   asbestos removal licence means a class A licence under the Construction Occupations (Licensing) Regulation 2004 in the construction occupation of asbestos removalist.

   asbestos removal work means work involving the removal of asbestos or ACM.

   licence number—see the Construction Occupations (Licensing) Act 2004, section 23 (1) (c).

   licensed asbestos removalist means a person who holds an asbestos removal licence.

   licensed asbestos removal work means asbestos removal work for which an asbestos removal licence is required.

   loose-fill asbestos insulation means loose-fill amosite or crocidolite asbestos used as ceiling insulation.

10. Dictionary, new definition of respirable asbestos fibre

    insert

    respirable asbestos fibre means an asbestos fibre that—

    (a)is less than 3µm wide; and

    (b)is more than 5µm long; and

    (c)has a length to width ratio of more than 3:1.

Endnotes

1. Notification

   Notified under the Legislation Act on 30 October 2014.

2. Republications of amended laws

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