529CAIdentifying processing of CSS that is high risk

529CA Identifying processing of CSS that is high risk

[Regulation 529CA Inserted by S.R. 2024, No. 36, Applied:01 Sep 2024]

(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.

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)  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 of a person’s exposure 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 and 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 subregulation 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.