New South Wales Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2017 - REG 446

446 Duty to limit use of equipment

(1) A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM--

(a) high-pressure water spray,

(b) compressed air.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(2) Subclause (1)(a) does not apply to the use of a high pressure water spray for fire fighting or fire protection purposes.

(3) A person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled--

(a) power tools,

(b) brooms,

(c) any other implements that cause the release of airborne asbestos into the atmosphere.

: Maximum penalty--

(a) in the case of an individual--40 penalty units, or

(b) in the case of a body corporate--210 penalty units.

(4) In subclause (3), the use of equipment is
"controlled" if--

(a) the equipment is enclosed during its use, or

(b) the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design, or

(c) the equipment is used in a way that is designed to capture or suppress airborne asbestos safely, or

(d) any combination of paragraphs (a), (b) and (c) applies.