319JIdentification of high risk crystalline silica work

319J Identification of high risk crystalline silica work

(1) Before an employer or a self-employed person undertakes a crystalline silica process or combination of crystalline silica processes, the employer or self-employed person must—

(a) conduct a risk assessment in accordance with this regulation to identify whether the crystalline silica process or combination of crystalline silica processes is high risk crystalline silica work; or

(b) identify the crystalline silica process or combination of crystalline silica processes as high risk crystalline silica work.

(2) In conducting a risk assessment under this regulation, the employer or self-employed person must take into account the following—

(a) the specific tasks or processes required to be undertaken with material containing crystalline silica;

(b) the form of crystalline silica to be used;

(c) the proportion of crystalline silica contained in the material;

(d) previous atmospheric monitoring results;

(e) the likely frequency and duration of exposure to crystalline silica dust;

(f) any information about incidents, illnesses or diseases associated with exposure to crystalline silica dust at the workplace.

(3) In conducting a risk assessment under this regulation, it is not sufficient compliance with this regulation for the employer or self‑employed person to merely rely on the effect of any measures implemented to control exposure to crystalline silica dust in accordance with regulation 163.

Regulation 163 sets out the duty of an employer to control risks associated with silica dust produced or generated at a workplace. See also regulation 154.

(4) If an employer or a self-employed person is unable to identify whether a crystalline silica process or combination of crystalline silica processes is high risk crystalline silica work, the process or combination of processes must be treated as high risk crystalline silica work until the employer or self-employed person can identify that the process or combination of processes is not high risk crystalline silica work.

Reg. 319K inserted by S.R. No. 137/2021 reg. 7.