Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:446
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 446
Character Range: 587027–588659

446  Duty to limit use of equipment
 (1) A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM:
 (a) high‑pressure water spray;
 (b) compressed air.
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.
 (2) Paragraph (1)(a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes.
 (3) A person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled:
 (a) power tools;
 (b) brooms;
 (c) any other implements that cause the release of airborne asbestos into the atmosphere.
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.
 (4) In subregulation (3), the use of equipment is controlled if:
 (a) the equipment is enclosed during its use; or
 (b) the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design; or
 (c) the equipment is used in a way that is designed to capture or suppress airborne asbestos safely; or
 (d) any combination of paragraphs (a), (b) and (c) applies.

Part 8.6—Demolition and refurbishment