Health and Safety at Work (Asbestos) Regulations 2016

34 Duty to notify WorkSafe of asbestos removal

(1)

A licensed asbestos removalist must give written notice to WorkSafe at least 5 days before the removalist commences licensed asbestos removal work.

(2)

Despite subclause (1), licensed asbestos removal work may be commenced immediately if there is—

(a)

a sudden and unexpected event, including a failure of equipment, that may cause persons to be exposed to respirable asbestos fibres; or

(b)

an unexpected breakdown of an essential service that requires immediate rectification to enable the service to continue.

(3)

If the asbestos must be removed immediately, the licensed asbestos removalist must give notice to WorkSafe—

(a)

immediately by telephone; and

(b)

in writing within 24 hours after notice is given under paragraph (a).

(4)

A notice under subclause (1) or (3)(b) must include—

(a)

the following in relation to the licensed asbestos removalist:

(i)

name:

(ii)

licence number:

(iii)

business contact details:

(b)

the name and business contact details of the supervisor of the licensed asbestos removal work:

(c)

the name of the competent person or licensed asbestos assessor engaged to carry out a clearance inspection and issue a clearance certificate for the work:

(d)

the name and contact details of the person for whom the work is to be carried out:

(e)

the following in relation to the workplace where the asbestos is to be removed:

(i)

the name, including the registered business or company name, of the PCBU with management or control of the workplace:

(ii)

the address and, if the workplace is large, the specific location of the asbestos removal:

(iii)

the kind of workplace:

(f)

the date of the notice:

(g)

the date on which the asbestos removal work is to commence and the estimated duration of the work:

(h)

whether the asbestos to be removed is friable or non-friable:

(i)

if the asbestos to be removed is friable, how the area of removal will be enclosed:

(j)

the estimated quantity of asbestos to be removed and the means of transport and disposal of the asbestos waste:

(k)

the number of workers who are to carry out the asbestos removal work:

(l)

for each worker who is to carry out asbestos removal work, a summary of the training record for that worker.

(5)

A person who contravenes subclause (1) or (3) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $6,000:

(b)

for any other person, to a fine not exceeding $30,000.

Compare: Model Work Health and Safety Regulations 2011 (Aust) r 466