Document ID: chunk:federal_register_of_legislation:F2024L00766:clause:3_529cb
Version: federal_register_of_legislation:F2024L00766
Segment Type: clause
Provision Reference: sch 3 cl 529CB
Character Range: 63195–64768

529CB  Silica risk control plan required for processing of CSS that is high risk
 (1) A person conducting a business or undertaking carrying out the processing of a CSS that is high risk must, before the processing commences, ensure that a silica risk control plan for the processing:
 (a) is prepared; or
 (b) has already been prepared by another person.
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) A silica risk control plan must:
 (a) identify all the processing of a CSS carried out at the workplace that is high risk; and
 (b) include the risk assessment undertaken under regulation 529CA for all processing of a CSS that is high risk; and
 (c) document what control measures will be used to control the risks associated with the processing that is high risk and how those measures will be implemented, monitored and reviewed; and
 (d) be set out and expressed in a way that is readily accessible and understandable to persons who use it.
 (3) A silica risk control plan is not required to be prepared before the processing of a CSS that is high risk if:
 (a) the processing that is high risk is also high risk construction work; and
 (b) a safe work method statement is prepared, or has already been prepared by another person, before the processing commences; and
 (c) the safe work method statement satisfies the requirements in subregulation (2).