446Duty 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, any of the following on asbestos or ACM:

(a) high pressure water spray;

(b) compressed air.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.

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

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

(a) power tools;

(b) brooms;

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

Penalty:  In the case of –

(a) an individual, a fine not exceeding $3 600; or

(b) a body corporate, a fine not exceeding $18 000.

(4)  In subregulation (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) , (b) and (c) applies.