Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:435
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 435
Character Range: 575350–576733

435  Duty to provide health monitoring
 (1) A person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with regulation 436, to a worker carrying out work for the business or undertaking if the worker is:
 (a) carrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work; or
 (b) is carrying out other ongoing asbestos removal work or asbestos‑related work and is at risk of exposure to asbestos when carrying out the work.
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) For paragraph (1)(a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work.
 (3) The person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to asbestos.
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.