Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:422
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 422
Character Range: 560125–561307

422  Asbestos to be identified or assumed at workplace
 (1) A person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified by a competent 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 person with management or control of a workplace must:
 (a) if material at the workplace cannot be identified but a competent person reasonably believes that the material is asbestos or ACM—assume that the material is asbestos; and
 (b) if part of the workplace is inaccessible to workers and likely to contain asbestos or ACM—assume that asbestos is present in the part of the workplace.
 (3) Subregulation (1) does not apply if the person:
 (a) assumes that asbestos or ACM is present; or
 (b) has reasonable grounds to believe that asbestos or ACM is not present.
 (4) If asbestos or ACM is assumed to be present at a workplace, it is taken to be identified at the workplace.