Health and Safety at Work (Asbestos) Regulations 2016

9 Duty relating to exposure to airborne asbestos at workplace

(1)

A PCBU with management or control of a workplace must ensure that—

(a)

exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and

(b)

if it is not reasonably practicable to eliminate exposure to airborne asbestos, exposure is minimised so far as is reasonably practicable.

(2)

A PCBU with management or control of a workplace must ensure that the airborne contamination standard for asbestos is not exceeded at the workplace.

(3)

Subclauses (1)(a) and (2) do not apply in relation to an asbestos removal area—

(a)

that is enclosed to prevent the release of respirable asbestos fibres in accordance with regulation 46; and

(b)

in which negative pressure is used in accordance with that regulation.

(4)

A PCBU who contravenes subclause (2) 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 420