Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:387
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 387
Character Range: 512877–514297

387  Statement of exposure to be given to workers
 (1) This regulation applies if:
 (a) a person conducting a business or undertaking at a workplace is authorised under regulation 384 to use, handle or store a prohibited carcinogen or restricted carcinogen at the workplace; and
 (b) a worker uses, handles or stores the prohibited carcinogen or restricted carcinogen at the workplace.
 (2) This regulation applies whether or not the person conducting the business or undertaking is required to be authorised by the regulator to use handle or store the prohibited or restricted carcinogen.
Note: Under regulation 749, the duty to be authorised does not apply until 1 January 2013.
 (3) The person must give to the worker, at the end of the worker's engagement by the person, a written statement of the following:
 (a) the name of the prohibited or restricted carcinogen to which the worker may have been exposed during the engagement;
 (b) the time the worker may have been exposed;
 (c) how and where the worker may obtain records of the possible exposure;
 (d) whether the worker should undertake regular health assessments, and the relevant tests to undertake.
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 G monetary penalty.