Health and Safety at Work (General Risk and Workplace Management) Regulations 2016

Part 3 Duties relating to exposure monitoring and health monitoring

Exposure monitoring

32 Duties relating to exposure monitoring

(1)

Exposure monitoring required by regulations must be carried out—

(a)

at appropriate intervals and after any significant change at the workplace that may affect exposure; and

(b)

by, or under the supervision of, a competent person who has sufficient knowledge, skills, and experience in the appropriate techniques and procedures, including the interpretation of results.

(2)

The PCBU must ensure that the results of exposure monitoring carried out under subclause (1)—

(a)

are recorded and kept for—

(i)

40 years after the date on which the record is made, if the monitoring is undertaken in relation to asbestos:

(ii)

30 years after the date on which the record is made, in any other case; and

(b)

are readily accessible to any person at the workplace who may be, or may have been, exposed to the health hazard.

(3)

A record of exposure monitoring results made available to any person at the workplace in accordance with subclause (2)(b) must not contain any information that identifies, or discloses anything about, an individual worker.

(4)

A PCBU who contravenes subclause (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

(5)

A PCBU who contravenes subclause (2) or (3) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $2,000:

(b)

for any other person, to a fine not exceeding $10,000.

Compare: Model Health and Safety Regulations (Aust) r 50