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Work Health and Safety Regulations 2011
484Disposing of asbestos waste and contaminated personal protective equipment
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484 Disposing of asbestos waste and contaminated personal protective equipment
(1) Subject to subregulation (2), a person conducting a business or undertaking for which asbestos‑related work is carried out must ensure that asbestos waste:
(a) is contained and labelled in accordance with the GHS before the waste is removed from an asbestos‑related work area; and
(b) is disposed of as soon as practicable at a site authorised to accept asbestos waste.
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) The person must ensure that personal protective equipment used in asbestos‑related work and contaminated with asbestos:
(a) is sealed in a container, and that the exterior of the container is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed; and
(b) so far as is reasonably practicable, is disposed of on the completion of the asbestos‑related work at a site authorised to accept asbestos waste; and
(i) is laundered at a laundry equipped to launder asbestos‑contaminated clothing; or
(ii) if it is not practicable to launder the clothing, is kept in the sealed container until it is re‑used for the purposes of asbestos‑related work; and
(i) is decontaminated before it is removed from the asbestos removal area; or
(ii) if it is not practicable to decontaminate the equipment in the asbestos removal area, is kept in the sealed container until it is re‑used for the purposes of asbestos‑related work.
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.
(3) The person must ensure that a sealed container referred to in subregulation (2) is decontaminated and labelled in accordance with the GHS to indicate the presence of asbestos before being removed from the asbestos‑related work area.
Note 1: State legislation relating to laundries handling asbestos‑contaminated clothing will also apply to the person conducting the business or undertaking.
Note 2: 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.
Part 8.10—Licensing of asbestos removalists and asbestos assessors
Division 1—Asbestos removalists—requirement to be licensed
485 Requirement to hold Class A asbestos removal licence
(1) A person must not carry out the removal of the following at a workplace unless the person, or the person on whose behalf the work is carried out, holds a Class A asbestos removal licence:
(a) friable asbestos;
(b) except as provided in regulation 486, ACD.
(2) A person who conducts a business or undertaking must not direct or allow a worker to carry out the removal of the following unless the person holds a Class A asbestos removal licence:
(a) friable asbestos;
(b) except as provided in regulation 486, ACD.
Note: See subsection 43(2) of the Act.