Australian Capital Territory Numbered Regulations

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WORK HEALTH AND SAFETY AMENDMENT REGULATION 2014 (NO 1) (NO 10 OF 2014) - REG 4

New chapter 8

insert

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).



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