Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.
(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.