Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p6
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 6/13)
Character Range: 78409–81190

List of Exemptions contained in Schedule 2 to the National Model Regulations for the Control of Workplace Hazardous Substances [NOHSC:1005(1994)] published by the Australian Safety and Compensation Council, as existing from time to time.

3.5  Limitations on exposure to certain hazardous substances
 (1) This regulation applies to:
 (a) an operator; and
 (b) an employer; and
 (c) another person in control of:
 (i) a facility; or
 (ii) a part of a facility; or
 (iii) particular work carried out at a facility.
 (2) The person must not allow a member of the workforce, under the person's control, to be exposed to an airborne concentration of a hazardous substance in the breathing zone of the member of the workforce at a level that exceeds the appropriate exposure standard for the relevant period of time.
Penalty: 20 penalty units.
 (3) An offence against subregulation (2) is an offence of strict liability.
 (4) It is a defence to a prosecution against subregulation (2) that the airborne concentration of the hazardous substance in the breathing zone of the member of the workforce is in accordance with an exemption given by NOPSEMA under regulation 3.7.
 (5) In this regulation:
appropriate exposure standard means an airborne concentration for a substance as set out in the Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)] published by the National Occupational Health and Safety Commission, as existing from time to time.
hazardous substance means a substance:
 (a) that is described in the List of Designated Hazardous Substances [NOHSC:10005(1999)] published by the Australian Safety and Compensation Council, as existing from time to time; or
 (b) that has been determined, in writing, to be a hazardous substance by its manufacturer in accordance with the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008(2004)] published by the Australian Safety and Compensation Council, as existing from time to time; or
 (c) that is mentioned in Part 3 of Schedule 3.2.

3.6  Exposure to noise
 (1) This regulation applies to:
 (a) an operator; or
 (b) an employer; or
 (c) another person in control of:
 (i) a facility; or
 (ii) a part of a facility; or
 (iii) particular work carried out at a facility.
 (2) The person must not allow a member of the workforce who is under the person's control to be exposed to a level of noise that is in excess of the noise exposure standard.
Penalty: 20 penalty units.
 (3) However, it is not an offence for a person to allow a member of the workforce who is under the person's control to be exposed to a level of noise that exceeds the noise exposure standard if:
 (a) noise exposure is managed in a manner consistent with the provisions of the National