Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:476
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 476
Character Range: 627906–629744

476  Action if respirable asbestos fibre level too high
 (1) The licensed removalist carrying out asbestos removal work requiring a Class A asbestos removal licence at a workplace must:
 (a) if respirable asbestos fibre levels are recorded at the asbestos removal area at 0·01 fibres/ml or more, but not more than 0·02 fibres/ml—immediately:
 (i) investigate the cause of the respirable asbestos fibre level; and
 (ii) implement controls to prevent exposure of anyone to asbestos; and
 (iii) prevent the further release of respirable asbestos fibres; and
 (b) if respirable asbestos fibre levels are recorded at the asbestos removal area at more than 0·02 fibres/ml—immediately:
 (i) order the asbestos removal work to stop; and
 (ii) notify the regulator; and
 (iii) investigate the cause of the respirable asbestos fibre level; and
 (iv) implement controls to prevent exposure of anyone to asbestos; and
 (v) prevent the further release of respirable asbestos fibre.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) If the licensed removalist stops asbestos removal work requiring a Class A asbestos removal licence because the recorded respirable asbestos fibre level exceeds 0·02 fibres/ml, the removalist must ensure that the asbestos removal work does not resume until air monitoring shows that the recorded respirable asbestos fibre level is below 0·01 fibres/ml.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.