529CDuty for processing of CSS to be controlled

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. Note 1: Regulations 529D and 529F apply to the processing of engineered stone. 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. 529CA  Identifying processing of CSS that is high risk  (1) A person conducting a business or undertaking at a workplace must assess the processing of a CSS carried out by the business or undertaking at the workplace to determine if the processing is high risk. 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 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;  (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 paragraph 529B(1)(b); and  (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. 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.  (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  (b) has already been prepared by another person. 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) 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 work; and  (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 in subregulation (2). 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:  (a) available to all workers; and  (b) provided to all workers before they commence the processing. 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) 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. 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) 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. 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. 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. 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 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 person. 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 keep the record available for inspection under the Act. 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.  (4) In this regulation, 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 the Regulations. Note: Division 1 of Part 3.2 also applies to a person conducting a business or undertaking involving the process 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 as soon as reasonably practicable and no more than 14 days from the date that 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 Division 6 of Part 7.1 of the Regulations. 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. Part 8A.2—Work involving engineered stone benchtops, panels or slabs