Health and Safety at Work (Asbestos) Regulations 2016

Subpart 2—Management of asbestos risks

10 Duty to ensure asbestos identified at workplace

(1)

A PCBU with management or control of a workplace who knows or ought reasonably to know that there is a risk of exposure to respirable asbestos fibres in the workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM giving rise to the risk at the workplace is identified.

(2)

A PCBU with management or control of a workplace must,—

(a)

if material at the workplace cannot be identified but the PCBU reasonably believes that the material is asbestos or ACM, assume that the material is asbestos; and

(b)

if part of the workplace is inaccessible to workers and likely to contain asbestos or ACM, assume that asbestos is present in that part of the workplace.

(3)

Subclause (1) does not apply if the PCBU—

(a)

assumes that asbestos or ACM is present; or

(b)

has reasonable grounds to believe that asbestos or ACM is not present.

(4)

Subclause (1) does not apply in relation to soil at the workplace unless there is reasonable cause for the PCBU to suspect that asbestos-contaminated soil is present.

(5)

If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.

(6)

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.

Compare: Model Work Health and Safety Regulations 2011 (Aust) r 422