WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011
529CDuty for processing of CSS to be controlled
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529C Duty for processing of CSS to be controlled A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, processing of a CSS unless the processing is controlled. Notes for regulation 529C 2 Regulations 529D and 529F apply to the processing of engineered stone. 529CA Identifying processing of CSS that is high risk assess the processing of a CSS carried out by the business or undertaking at the workplace to determine if the processing is high risk. (2) In assessing whether the processing of a CSS is high risk, the person must have regard to the following: (a) the specific processing that will be undertaken; (b) the form or forms of crystalline silica present in the CSS; (c) the proportion of crystalline silica contained in the CSS, determined as a weight/weight (w/w) concentration; (d) the hazards associated with the work, including the likely frequency and duration that a person will be exposed to respirable crystalline silica;
Work Health and Safety (National Uniform Legislation) Regulations 2011 410 (e) whether the airborne concentration of respirable crystalline silica that is present at the workplace is reasonably likely to exceed half the workplace exposure standard; (f) any relevant air and health monitoring results previously undertaken at the workplace; (g) any previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace. (3) In assessing whether the processing of a CSS is high risk, the person must not: (a) rely on the control measures implemented under regulation 529B(1)(b); or (b) have regard to the use of personal protective equipment and administrative controls used to control the risks associated with respirable crystalline silica. (4) The person must ensure that a risk assessment conducted under subregulation (1) is recorded in writing. (5) If a person conducting a business or undertaking is unable to determine whether the processing of a CSS carried out at the workplace is high risk, the processing is taken to be high risk until the person determines that the processing is not high risk. 529CB Silica risk control plan required for processing of CSS that is high risk (1) A person conducting a business or undertaking carrying out the processing of a CSS that is high risk must, before the processing commences, ensure that a silica risk control plan for the processing: (a) is prepared; or
Work Health and Safety (National Uniform Legislation) Regulations 2011 411 (b) has already been prepared by another person. (2) A silica risk control plan must: (a) identify all the processing of a CSS carried out at the workplace that is high risk; and (b) include the risk assessment undertaken under regulation 529CA for all processing of a CSS that is high risk; and (c) document what control measures will be used to control the risks associated with the processing that is high risk and how those measures will be implemented, monitored and reviewed; and (d) be set out and expressed in a way that is readily accessible and understandable to persons who use it. (3) A silica risk control plan is not required to be prepared before the processing of a CSS that is high risk if: (a) the processing that is high risk is also high risk construction (b) a safe work method statement is prepared, or has already been prepared by another person, before the processing commences; and (c) the safe work method statement satisfies the requirements of 529CC Compliance with silica risk control plan (1) A person conducting a business or undertaking carrying out the processing of a CSS that is high risk must put in place arrangements for ensuring that the processing is carried out in accordance with the silica risk control plan, including by ensuring that the silica risk control plan is: