Health and Safety in Employment (Asbestos) Regulations 1998

2 Interpretation

  • In these regulations, unless the context otherwise requires,—

    asbestos means—

    • (a) amosite, chrysotile, crocidolite, fibrous actinolite, fibrous anthophyllite, or fibrous tremolite; or

    • (b) a mixture containing a mineral specified in paragraph (a); or

    • (c) a material that is composed wholly or partly of a mineral specified in paragraph (a); or

    • (d) a material or article that is contaminated by a mineral specified in paragraph (a)

    asbestos dust has the meaning given to it in Schedule 1

    asbestos fibre means a particle of asbestos that—

    • (a) is not less than 5 micrometres and not more than 100 micrometres in length; and

    • (b) is less than 3 micrometres in width; and

    • (c) has a length to width ratio of not less than 3 to 1

    certificate of competence means a certificate of the kind referred to in regulation 19(1)

    dust control equipment means equipment that, when used in satisfactory working order, suppresses the release of asbestos fibres into the air by any means, including the conveying of water or any other wetting agent to the asbestos that would otherwise generate asbestos dust

    friable means asbestos that under ordinary conditions can be easily crumbled

    New Zealand accredited laboratory means a laboratory that is currently accredited by International Accreditation New Zealand on behalf of the Testing Laboratory Registration Council

    protective clothing means protective clothing that is to be used or is used in a place of work to help to prevent asbestos dust causing harm to the wearer of the clothing

    protective equipment means protective equipment that is to be used or is used in a place of work to prevent asbestos dust causing harm to the user of the equipment

    restricted work means work in 1 or more of the following categories:

    • (a) work involving asbestos, if the asbestos concerned is friable and is or has been used in connection with thermal or acoustic insulation, or fire protection, in buildings, ships, structures, or vehicles:

    • (b) work involving asbestos, if the asbestos concerned is friable and is or has been used in connection with lagging around boilers, ducts, furnaces, or pipes:

    • (c) the demolition or maintenance of any thing, including a building or a part of a building, containing friable asbestos:

    • (d) the encapsulation of materials containing friable asbestos:

    • (e) the use, on asbestos cement or other bonded product containing asbestos, of—

      • (i) a power tool with any kind of cutting blade or abrasive device, except when it is used with dust control equipment; or

      • (ii) any other equipment whose use may result in the release of asbestos dust, except when it is used with dust control equipment:

    • (f) dry sanding of floor coverings containing asbestos

    vacuum cleaning equipment means vacuum cleaning equipment complying with the requirements of the Australian Standard numbered AS 3544—1988 and entitled “Industrial Vacuum Cleaners for Particulates Hazardous to Health”

    work involving asbestos means—

    • (a) work involving the cleaning, disposal, handling, processing, storage, use, or working of asbestos; or

    • (b) work involving the demolition or maintenance of any thing, including a building or a part of a building, containing asbestos; or

    • (c) cleaning work carried out as a consequence of, or in connection with, work specified in paragraph (a) or paragraph (b).