Workplace Health and Safety Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 249 Workplace Health and Safety Act 1995 WORKPLACE HEALTH AND SAFETY AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of pt 11, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of pt 11, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 1—On-site management of asbestos materials 69A Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 69B Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 69C When division applies to workplace . . . . . . . . . . . . . . . . . . . . . . . . . 4 69D Identifying asbestos materials in buildings . . . . . . . . . . . . . . . . . . . . 4 69E Asbestos materials report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 69F Asbestos materials register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 69G Controlling exposure to asbestos . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2—Asbestos removal work 5 Omission of pt 11, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Omission of pt 11, division 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Insertion of new pt 11, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3—Prohibitions about asbestos 8 Amendment of s 96 (Prohibition on supplying asbestos products) . . . . . . . 9

2 Workplace Health and Safety Amendment (No. 1) No. 249, 2000 9 Relocation and renumbering of s 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s4 Workplace Health and Safety Amendment No. 249, 2000 (No. 1) ˙ Short title 1. This regulation may be cited as the Workplace Health and Safety Amendment Regulation (No. 1) 2000 . ˙ Regulation amended 2. This regulation amends the Workplace Health and Safety Regulation1997 . ˙ Amendment of pt 11, hdg 3. Part 11, heading ‘ REMOVAL WORK ’— omit. ˙ Replacement of pt 11, div 1, hdg 4. Part 11, division 1, heading— omit, insert— ‘ Division 1—On-site management of asbestos materials ˙ ‘ Application of div 1 ‘ 69A. This division applies only to a building or a part of a building that is a workplace. ˙ ‘ Definitions for div 1 ‘ 69B. In this division— ‘ “appropriately qualified person” means the person possesses the qualifications and experience necessary to find asbestos materials in a building. “dismantle” means systematically dismantle or remove a part of a building for alteration, maintenance, remodelling, renovation or repair.

s4 4 s4 Workplace Health and Safety Amendment No. 249, 2000 (No. 1) “essential plant” includes— (a) air conditioning plant; and (b) boilers; and (c) cooling towers; and (d) escalators; and (e) lifts; and (f) piping. “owner” , of a building— (a) means a person who— (i) holds title to the building; and (ii) has effective management or control of the building and any essential plant in it; and (b) includes a person who manages a building as agent for a person mentioned in paragraph (a). ˙ ‘ When division applies to workplace ‘ 69C.(1) From 1 November 2000, this division applies to the owner of a building all or part of which was built under an approval given by a local government before 1980. Examples— 1. A building built in 1979. 2. A building started in 1979 but completed in 1980. 3. A building built in 1980 under an approval given in 1979. ‘ (2) From 1 November 2002, this division also applies to the owner of a building all or part of which was built under an approval given by a local government after 1979 but before 1990. ˙ ‘ Identifying asbestos materials in buildings ‘ 69D.(1) Within 2 years after this section first applies to a building, the owner of the building must ensure an appropriately qualified person—

s4 5 s4 Workplace Health and Safety Amendment No. 249, 2000 (No. 1) (a) takes reasonably necessary steps to find out whether there are any asbestos materials installed in the building, including in essential plant in or on the building; and (b) gives the owner an asbestos materials report. Maximum penalty—40 penalty units. ‘ (2) However, if within the 2 years a relevant event is proposed for the building or any essential plant in or on the building and the owner has not complied with subsection (1), the owner must comply with subsection (1) before the relevant event happens. Maximum penalty—40 penalty units. ‘ (3) If the relevant event is offering the building for sale or lease, subsection (2) applies only to the first time the building is offered for sale or lease. ‘ (4) Despite subsections (1) and (2), if the building is sold before the selling owner complies with the subsections, the new owner must, within 2 years of the date of the sale, ensure an appropriately qualified person— (a) takes reasonably necessary steps to find out whether there are any asbestos materials installed in the building, including in essential plant in the building; and (b) gives the new owner an asbestos materials report. Maximum penalty—40 penalty units. ‘ (5) In this section— “relevant event” , for a building or any essential plant in or on the building, means the building or plant is proposed to be— (a) offered for sale or lease; or (b) dismantled; or (c) demolished. ˙ ‘ Asbestos materials report ‘ 69E.(1) The appropriately qualified person must give the owner a written report ( “asbestos materials report” ) about any asbestos materials

s4 6 s4 Workplace Health and Safety Amendment No. 249, 2000 (No. 1) found in the building or essential plant within 3 months after asbestos materials are found. Maximum penalty—10 penalty units. ‘ (2) Despite subsection (1), the appropriately qualified person must give the owner the asbestos materials report as soon as practicable after becoming aware of the happening of any of the following within the 3 months— (a) the building is to be offered for sale or lease; (b) the building or essential plant is to be dismantled; or (c) the building or essential plant is to be demolished. Maximum penalty—10 penalty units. ‘ (3) The asbestos materials report must state the following— (a) where the asbestos materials were found in the building or essential plant; (b) the type of asbestos materials; (c) the form of the asbestos materials; (d) whether the asbestos material is friable or poorly bonded or in an unstable condition; (e) any potential health risks to occupants of the building because of the presence of the asbestos materials. Maximum penalty—10 penalty units. ˙ ‘ Asbestos materials register ‘ 69F.(1) This section applies if a building or plant has asbestos materials installed in it. ‘ (2) The owner of the building must— (a) keep an asbestos materials register for the building containing the information in the asbestos materials report and any changes to the information, including changes necessary because the building or essential plant is dismantled or demolished; and

s4 7 s4 Workplace Health and Safety Amendment No. 249, 2000 (No. 1) (b) display at an appropriate prominent place in the building a notice stating there is an asbestos materials register for the building and when and where a person may inspect the register; and (c) make sure the register is available to, and accessible by, each occupier and anyone entering the building to perform work; and (d) give a copy of the register to— (i) any employer or self-employed person who proposes to carry out work involving dismantling a part of the building; and (ii) if the building or a part of it or essential plant in or on it is to be demolished—give a copy of the register to the principal contractor for the construction workplace; and (e) on the sale of the building, give the register to the buyer of the building. Maximum penalty—40 penalty units. ‘ (3) If work mentioned in subsection (2)(d)(i) or (ii) affects a part of the building in which the owner knows asbestos materials exist, the owner must, as soon as practicable after the work is complete, ensure an appropriately qualified person inspects the building and gives the owner a report stating— (a) whether there are still asbestos materials in the building; and (b) if there are still asbestos materials in the building, whether the condition of the materials requires that— (i) stated action should be taken under section 69G(4) to minimise the risk of exposure to the materials; and (ii) the entries in the asbestos materials register should be changed and if so, in what way. Maximum penalty—40 penalty units. ‘ (4) As soon as practicable after receiving the report, the owner must make any reasonably necessary changes to the asbestos materials register. Maximum penalty—10 penalty units.

s4 8 s4 Workplace Health and Safety Amendment No. 249, 2000 (No. 1) ˙ ‘ Controlling exposure to asbestos ‘ 69G.(1) This section applies if a building or essential plant in or on a building has asbestos materials installed in it. ‘ (2) The owner of the building or plant must ensure policies and procedures are established— (a) to prevent the exposure of persons in the building to the asbestos materials; or (b) if exposure to the asbestos materials can not be prevented, to minimise the exposure of persons in the building to the materials. Maximum penalty—40 penalty units. ‘ (3) The policies must discuss— (a) the steps that can be taken to restrict access to, and prevent disturbance of, the asbestos materials; and (b) work practices in the vicinity of the asbestos materials; and (c) requirements for reassessment of the asbestos materials at regular intervals of at least 1 year and earlier if the nature or location of work in the vicinity of the asbestos materials changes. Maximum penalty—10 penalty units. ‘ (4) If the asbestos materials— (a) are friable, poorly bonded or unstable, for example because of damage or deterioration, the owner must ensure the asbestos materials are enclosed, sealed or removed; or (b) are to be removed, the owner of the building must ensure an asbestos removalist removes the asbestos materials. Maximum penalty—40 penalty units. ‘ Division 2—Asbestos removal work ’.

s5 9 s8 Workplace Health and Safety Amendment No. 249, 2000 (No. 1) ˙ Omission of pt 11, div 2, hdg 5. Part 11, division 2, heading— omit. ˙ Omission of pt 11, division 3, hdg 6. Part 11, division 3, heading— omit . ˙ Insertion of new pt 11, div 3, hdg 7. After section 75, as a heading— insert— ‘ Division 3—Prohibitions about asbestos ’. ˙ Amendment of s 96 (Prohibition on supplying asbestos products) 8.(1) Section 96, heading, ‘ supplying ’— omit, insert— ‘ using ’. (2) Section 96(1)— omit, insert— ‘ 96.(1) An employer or self-employed person must not use a second- hand asbestos product at a workplace. Example— Using second-hand fire bricks coated with an asbestos render or second-hand A-C sheeting. ’. (3) Section 96— relocate and renumber as section 75A.

s 9 10 s 10 Workplace Health and Safety Amendment No. 249, 2000 (No. 1) ˙ Relocation and renumbering of s 115 9. Section 115— relocate to part 11, division 3 and renumber as section 75B. ˙ Amendment of sch 9 (Dictionary) 10. Schedule 9— insert— ‘ “appropriately qualified person” , for part 11, division 1, see section 69B. “dismantle” , for part 11, see section 69B. “essential plant” see section 69B. “owner” , of a building, for part 11, division 1, see section 69B.’. ENDNOTES 1. Made by the Governor in Council on 21 September 2000. 2. Notified in the gazette on 22 September 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Training and Industrial Relations. © State of Queensland 2000