Australian Capital Territory Numbered Regulations

WORK SAFETY REGULATION 2009 (NO 45 OF 2009) - REG 82

    (1)     A person conducting a business or undertaking at a workplace commits an offence if—

        (a)     atmospheres in the workplace contain, or are reasonably likely to develop, unsafe unclassified inhalable dust levels; and

        (b)     the person does not display warning signs about the unsafe unclassified inhalable dust levels at the workplace; and

        (c)     the person does not otherwise manage the risk associated with unsafe unclassified inhalable dust levels.

Maximum penalty: 30 penalty units.

Note 1     For what someone is required to do to manage risk—see the Act, s 14.

Note 2     Classified inhalable dust is a dangerous substance. Dangerous substances are dealt with under the Dangerous Substances Act 2004 .

    (2)     A person in control of premises commits an offence if—

        (a)     atmospheres in the premises contain, or are reasonably likely to develop, unsafe unclassified inhalable dust levels; and

        (b)     the person does not display warning signs about the unsafe unclassified inhalable dust levels at the premises; and

        (c)     the person does not otherwise manage the risk associated with unsafe unclassified inhalable dust levels.

Maximum penalty: 30 penalty units.

    (3)     An offence against this section is a strict liability offence.