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Chapter 8 Asbestos
445 Duty to train workers about asbestos
(1) In addition to the training required by division 3.2.1 (Information, training and instruction), a person conducting a business or undertaking must ensure that the following people are trained in the VET course Asbestos Awareness :
(a) a worker engaged by the person who the person reasonably believes will work with asbestos or ACM while the worker is carrying out work in the business or undertaking;
(b) a worker engaged by the person in an occupation declared under subsection (1A).
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(1A) The Minister may declare an occupation for which training in the VET course Asbestos Awareness is required.
(1B) A declaration under subsection (1A) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(3) The person must ensure that a record is kept of the training undertaken by the worker—
(a) while the worker is carrying out work in the business or undertaking; and
(b) for 5 years after the day the worker ceases working for the person.
Maximum penalty:
(a) in the case of an individual—$1 250; or
(b) in the case of a body corporate—$6 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(4) The person must keep the record available for inspection under the Act.
Maximum penalty:
(a) in the case of an individual—$1 250; or
(b) in the case of a body corporate—$6 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).