419Work 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.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

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

(3)  Subregulation (1) does not apply if the work involving asbestos is any of the following:

(a) genuine research and analysis;

(b) sampling and identification in accordance with these regulations;

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

(d) removal or disposal of asbestos or ACM, including demolition, in accordance with these regulations;

(e) the transport and disposal of asbestos and asbestos waste in accordance with the Environmental Management and Pollution Control Act 1994 ;

(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 these regulations 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 these regulations.

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