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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;
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(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
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(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:
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(a) available to all workers; and
(b) provided to all workers before they commence the processing.
(2) If the processing of a CSS that is high risk is not carried out in
accordance with the silica risk control plan that applies to the
processing, the person must ensure that the processing:
(a) is stopped immediately or as soon as it is safe to do so; and
(b) resumed only in accordance with the silica risk control plan.
(3) A person conducting a business or undertaking must ensure that a
silica risk control plan is reviewed and as necessary revised if
relevant control measures are revised under regulation 38.
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529CD Duty to train workers about risks of crystalline silica
(1) A person conducting a business or undertaking must ensure that a
worker receives crystalline silica training if the person reasonably
believes that the worker may be:
(a) involved in the processing of a CSS that is high risk; or
(b) at risk of exposure to respirable crystalline silica because of
the processing of a CSS that is high risk.
(2) The person must ensure that a record is kept of the training
undertaken by the worker:
(a) while the worker is carrying out the processing of a CSS that
is high risk; and
(b) for 5 years after the day the worker ceases working for the
(3) The person must keep the record available for inspection under the
Act.
Work Health and Safety (National Uniform Legislation) Regulations 2011 414
crystalline silica training means training that is accredited, or
training approved by the regulator, in relation to the following:
(a) the health risks associated with exposure to respirable
crystalline silica;
(b) the need for, and proper use of, any risk control measures
required by these Regulations.
Note for regulation 529CD
Part 3.2, Division 1 also applies to a person conducting a business or
undertaking involving the processing of a CSS.
529CE Monitoring in relation to processing of CSS that is high risk
A person conducting a business or undertaking that is carrying out,
or directing or allowing a worker to carry out, the processing of a
CSS that is high risk, must:
(a) undertake air monitoring for respirable crystalline silica in
accordance with regulation 50; and
(b) provide air monitoring results to the regulator, in a form
approved by the regulator, if the airborne concentration of
respirable crystalline silica has exceeded the workplace
exposure standard:
(i) as soon as reasonably practicable; and
(ii) in any event no more than 14 days from the date the air
monitoring result was reported to the person conducting
a business or undertaking; and
(c) provide health monitoring for all workers carrying out the
processing of a CSS that is high risk in accordance with