Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:420
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 420
Character Range: 558718–559893

420  Exposure to airborne asbestos at workplace
 (1) A person conducting a business or undertaking at a workplace must ensure that:
 (a) exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and
 (b) if it not reasonably practicable to eliminate exposure to airborne asbestos—exposure is minimised so far as is reasonably practicable.
Note: WHS Act—section 19 (see regulation 9).
 (2) A person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace.
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.
 (3) Paragraphs (1)(a) and (2) do not apply in relation to an asbestos removal area:
 (a) that is enclosed to prevent the release of respirable asbestos fibres in accordance with regulation 477; and
 (b) in which negative pressure is used in accordance with that regulation.

Part 8.3—Management of asbestos and associated risks