Document ID: chunk:federal_register_of_legislation:F2021L00605:reg:9
Version: federal_register_of_legislation:F2021L00605
Segment Type: reg
Provision Reference: reg 9
Character Range: 3474–5557

9               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting asbestosis or death from asbestosis with the circumstances of a person's relevant service:
(1)          inhaling respirable asbestos fibres in an enclosed space at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:
(a)           for a cumulative period of at least 1,000 hours before the clinical onset of asbestosis; and
(b)           where the first inhalation of asbestos fibres commenced at least 5 years before the clinical onset of asbestosis;
            Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.
(2)          inhaling respirable asbestos fibres in an open environment at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed:
(a)           for a cumulative period of at least 3,000 hours before the clinical onset of asbestosis; and
(b)           where the first inhalation of asbestos fibres commenced at least 5 years before the clinical onset of asbestosis;
            Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an open environment may result in exposure to respirable asbestos fibres.
(3)          inhaling respirable asbestos fibres at the time material containing respirable asbestos fibres was being applied, removed, cut, drilled, dislodged or disturbed:
(a)          for a cumulative period of at least 1,000 hours before the clinical worsening of asbestosis; and
(b)          within the 2 years before the clinical worsening of asbestosis;
            Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space or an open environment may result in exposure to respirable asbestos fibres.
(4)          inability to obtain appropriate clinical management for asbestosis.