419Work involving asbestos or ACM—prohibitions and exceptions

419 Work involving asbestos or ACM—prohibitions and exceptions

419 Work involving asbestos or ACM—prohibitions and exceptions

(1) A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(2) In this section, work involves asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM.

(3) Subsection (1) does not apply if the work involving asbestos is one or more of the following—

(a) genuine research and analysis,

(b) sampling and identification in accordance with this regulation,

(c) maintenance of, or service work on, non-friable asbestos or ACM, fixed or installed before 31 December 2003, in accordance with this regulation,

(d) removal or disposal of asbestos or ACM, including demolition, in accordance with this regulation,

(e) the transport and disposal of asbestos or asbestos waste in accordance with the Protection of the Environment Operations Act 1997,

(f) demonstrations, education or practical training in relation to asbestos or ACM,

(g) display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM,

(h) management in accordance with this regulation of in situ asbestos that was installed or fixed before 31 December 2003,

(i) work that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos,

(j) laundering asbestos contaminated clothing in accordance with this regulation,

(k) work that is being carried out in accordance with a prohibited asbestos notice issued under the Act, section 197B.

(4) Subsection (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos.