446Duty to limit use of equipment

446 Duty to limit use of equipment

446 Duty to limit use of equipment

(1) A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM—

(a) high-pressure water spray,

(b) compressed air.

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.

(2) Subsection (1)(a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes.

(3) A person conducting a business or undertaking must not use, or direct or allow a worker to use, the following equipment on asbestos or ACM unless the use of the equipment is controlled—

(a) power tools,

(b) brooms,

(c) other implements that cause the release of airborne asbestos into the atmosphere.

Maximum penalty—

(a) for an individual—43 penalty units, or

(b) for a body corporate—217 penalty units.

(4) For subsection (3), the use of equipment is controlled if—

(a) the equipment is enclosed during its use, or

(b) the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design, or

(c) the equipment is used in a way that is designed to capture or suppress airborne asbestos safely, or

(d) any combination of paragraphs (a)–(c) applies.