Document ID: chunk:federal_register_of_legislation:F2024L00766:clause:3_529b
Version: federal_register_of_legislation:F2024L00766
Segment Type: clause
Provision Reference: sch 3 cl 529B
Character Range: 58412–60287

529B  When processing of CSS is controlled
 (1) In these Regulations, the processing of a CSS is controlled if:
 (a) control measures to eliminate or minimise risks arising from the processing are implemented so far as is reasonably practicable; and
 (b) at least 1 of the following measures are used during the processing:
 (i) the isolation of a person from dust exposure;
 (ii) a fully enclosed operator cabin fitted with a high efficiency air filtration system;
 (iii) an effective wet dust suppression method;
 (iv) an effective on‑tool extraction system;
 (v) an effective local exhaust ventilation system; and
 (c) a person still at risk of being exposed to respirable crystalline silica after 1 or more of the measures in paragraph (b) are used:
 (i) is provided with respiratory protective equipment; and
 (ii) wears the respiratory protective equipment while the work is carried out.
Note: See also regulation 351.
 (2) Despite subregulation (1), if the measures in paragraph (1)(b) are not reasonably practicable, the processing of a CSS is controlled if a person who is at risk of being exposed to respirable crystalline silica during the processing:
 (a) is provided with respiratory protective equipment; and
 (b) wears the respiratory protective equipment while the work is carried out.
 (3) In this regulation, respiratory protective equipment means personal protective equipment that:
 (a) is designed to prevent a person wearing the equipment from inhaling airborne contaminants; and
 (b) complies with:
 (i) AS/NZS 1716:2012 (Respiratory protective devices); and
 (ii) AS/NZS 1715:2009 (Selection, use and maintenance of respiratory protective equipment).
Note: Regulations 44, 45 and 46 apply to the provision and use of personal protective equipment, including the respiratory protective equipment provided under paragraph (1)(c) and subregulation (2).