245Determination of presence of asbestos

245 Determination of presence of asbestos

(1) This regulation applies if there is no asbestos register or employer's asbestos register in respect of a workplace or plant in relation to which demolition or refurbishment work is to be performed.

(2) The employer or self-employed person performing the demolition or refurbishment work must not commence that work until that employer or self‑employed person has determined whether asbestos is present in the building, structure, ship or plant to be demolished or refurbished.

(3) If there is uncertainty (based on reasonable grounds) as to whether asbestos is present in a building, structure, ship or plant to be demolished or refurbished, or if there are inaccessible areas that are likely to contain asbestos, the employer or self-employed person performing the demolition or refurbishment work must—

(4) If asbestos is assumed to be present under subregulation (3), it is taken to be identified for the purposes of this Part.

(5) If the employer or self-employed person performing demolition or refurbishment work has determined under subregulation (2) or subregulation (3) that asbestos is present in a building, structure, ship or plant to be demolished or refurbished, the employer or self-employed person must—

(a) inform the person who has management or control of the workplace that asbestos is present in the building, structure, ship or plant; and

(b) in the case of plant under the management or control of an employer at the workplace, inform the employer that asbestos is present in the plant.