Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:529ca
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 529CA
Character Range: 684479–686833

529CA  Identifying processing of CSS that is high risk
 (1) A person conducting a business or undertaking at a workplace must assess the processing of a CSS carried out by the business or undertaking at the workplace to determine if the processing is high risk.
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) In assessing whether the processing of a CSS is high risk, the person must have regard to the following:
 (a) the specific processing that will be undertaken;
 (b) the form or forms of crystalline silica present in the CSS;
 (c) the proportion of crystalline silica contained in the CSS, determined as a weight/weight (w/w) concentration;
 (d) the hazards associated with the work, including the likely frequency and duration that a person will be exposed to respirable crystalline silica;
 (e) whether the airborne concentration of respirable crystalline silica that is present at the workplace is reasonably likely to exceed half the workplace exposure standard;
 (f) any relevant air and health monitoring results previously undertaken at the workplace;
 (g) any previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace.
 (3) In assessing whether the processing of a CSS is high risk, the person must not:
 (a) rely on the control measures implemented under paragraph 529B(1)(b); and
 (b) have regard to the use of personal protective equipment and administrative controls used to control the risks associated with respirable crystalline silica.
 (4) The person must ensure that a risk assessment conducted under subregulation (1) is recorded in writing.
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 I monetary penalty.
 (5) If a person conducting a business or undertaking is unable to determine whether the processing of a CSS carried out at the workplace is high risk, the processing is taken to be high risk until the person determines that the processing is not high risk.