Health and Safety at Work (Asbestos) Regulations 2016

Schedule 1 Transitional, savings, and related provisions

r 5

Part 1 Provisions relating to these regulations as made

1 Interpretation

In this schedule,—

(b)

any other references are to regulations in these regulations.

2 Transitional provision relating to asbestos management plan

Until 4 April 2018, a PCBU with management or control of a workplace is not required to comply with regulations 13 (duty to prepare asbestos management plan) or 14 (duty to review asbestos management plan).

3 Transitional provision relating to training for licensed asbestos removal work, and training record

Until 4 April 2018, a licensed asbestos removalist is not required to comply with regulation 29(1) or 30.

4 Transitional and savings provision relating to certificates of competence and licensing

(1)

A certificate of competence issued under regulation 26 of the 1998 regulations remains valid under these regulations until its expiry, or until 4 April 2018, whichever is earlier.

(2)

For the period during which a certificate remains valid under subclause (1),—

(a)

if the certificate specifies that the restricted work that the holder is authorised to undertake includes removal of friable asbestos, the certificate is taken to be a Class A asbestos removal licence for the purposes of regulations 27 (duty to ensure asbestos removalist is licensed) and 54 (requirement to hold Class A asbestos removal licence) that is limited to the same type of work that the certificate authorises; and

(b)

if the certificate does not specify that the restricted work that the holder is authorised to undertake includes removal of friable asbestos, the certificate is taken to be a Class B asbestos removal licence for the purposes of regulations 27 (duty to ensure asbestos removalist is licensed) and 56 (requirement to hold class B asbestos removal licence).

(3)

Until 4 April 2018, the holder of a certificate that remains valid under subclause (1) is taken to be a nominated supervisor for the class of work specified in the certificate (and subject to any conditions in the certificate) for the purposes of regulations 65 (Class A asbestos removal licence: WorkSafe to be satisfied about additional matters) and 66 (Class B asbestos removal licence: WorkSafe to be satisfied about additional matters).

(4)

Until 4 October 2016, a PCBU that has made an application for a Class B asbestos removal licence may carry out asbestos removal work that is not restricted work under the 1998 regulations, and the PCBU is not required to comply with regulation 56 while that application is being processed.

5 Transitional provision relating to clearance inspections and air monitoring

Until 4 April 2018,—

(a)

a competent person (as defined in regulation 41(3)) is taken to be an independent licensed assessor for the purposes of regulations 41(2)(a) and 43(1) and (2); and

(b)

regulation 57 does not apply to a competent person who undertakes a clearance inspection or air monitoring for Class A asbestos removal work in reliance on paragraph (a).

6 Transitional provision relating to content of application for asbestos removal licence

(1)

Until 4 April 2018,—

(a)

an applicant for a Class A asbestos removal licence is not required to comply with regulation 60(1)(c) and (e); and

(b)

an applicant for a Class B asbestos removal licence is not required to comply with regulation 61(1)(c).

(2)

In the case of an application for a Class A licence made before 4 April 2018 in reliance on subclause (1)(a), WorkSafe is not required to comply with paragraphs (a)(ii) or (b) of regulation 65, and may grant the licence only—

(a)

if satisfied of the competence of each nominated supervisor, which must be demonstrated in a form and manner specified by WorkSafe; and

(b)

with the condition imposed on the licence that the applicant complies with the requirements of paragraphs (c) and (e) of regulation 60(1) by a date specified in the licence (being a date not later than 4 April 2018).

(3)

In the case of an application for a Class B licence made before 4 April 2018 in reliance on subclause (1)(b), WorkSafe is not required to comply with regulation 66(b), and may grant the licence only—

(a)

if satisfied of the competence of each nominated supervisor, which must be demonstrated in a form and manner specified by WorkSafe; and

(b)

with the condition imposed on the licence that the applicant complies with the requirements of regulation 61(1)(c) by a date specified in the licence (being a date not later than 4 April 2018).

7 Transitional provision relating to content of application for change to nominated supervisor

Until 4 April 2018, the holder of an asbestos removal licence applying under regulation 74(1)(b) to add a nominated supervisor—

(a)

is not required to give WorkSafe the information referred to in regulation 65(a)(ii) or 66(b) (as the case may be); and

(b)

must demonstrate the competence of the proposed nominated supervisor in a form and manner specified by WorkSafe.