479Uncertainty as to presence of asbestos

479 Uncertainty as to presence of asbestos

(1)  If there is uncertainty (based on reasonable grounds) as to whether work to be carried out for a business or undertaking is asbestos-related work, the person conducting the business or undertaking must ensure that analysis of a sample is undertaken to determine if asbestos or ACM is present.

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 the purposes of subregulation (1) , the person must ensure that the sample is analysed only by –

(a) a NATA-accredited laboratory accredited for the relevant test method; or

(b) a laboratory approved by the regulator in accordance with guidelines published by Safe Work Australia; or

(c) a laboratory operated by the regulator.

(3)  Subregulation (1) does not apply if the person assumes that asbestos is present.