402Identifying lead risk work

402  Identifying lead risk work  (1) A person conducting a business or undertaking at a workplace must assess each lead process carried out by the business or undertaking at the workplace to determine if lead risk work is carried out in the process. Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.  (2) In assessing a lead process, the person must have regard to the following:  (a) past biological monitoring results of workers;  (b) airborne lead levels;  (c) the form of lead used;  (d) the tasks and processes required to be undertaken with lead;  (e) the likely duration and frequency of exposure to lead;  (f) possible routes of exposure to lead;  (g) any information about incidents, illnesses or diseases in relation to the use of lead at the workplace.  (3) In assessing a lead process, the person must not have regard to the effect of using personal protective equipment on the health and safety of workers at the workplace.  (4) If a person conducting a business or undertaking at a workplace is unable to determine whether lead risk work is carried out in a lead process at the workplace, the process is taken to include lead risk work until the person determines that lead risk work is not carried out in the process.