Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 419

419 Work involving asbestos or ACM—prohibitions and exceptions

(1) A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work involving asbestos.

Penalty—

Maximum penalty—60 penalty units.

(2) For this section, work
"involves" asbestos if the work involves manufacturing, supplying, transporting, storing, removing, using, installing, handling, treating, disposing of or disturbing asbestos or ACM.

(3) Subsection (1) does not apply if the work involving asbestos is any of the following—

(a) genuine research and analysis;

(b) sampling and identification under this regulation;

(c) maintenance of, or service work on, non-friable asbestos or ACM, fixed or installed before 31 December 2003, under this regulation;

(d) removal or disposal of asbestos or ACM, including demolition, under this regulation;

(e) the transport and disposal of asbestos or asbestos waste under the Environmental Protection Act 1994 ;

(f) demonstrations, education or practical training in relation to asbestos or ACM;

(g) display, or preparation or maintenance for display, of an artefact or thing that is, or includes, asbestos or ACM;

(h) management under this regulation of in situ asbestos that was installed or fixed before 31 December 2003;

(i) work that disturbs asbestos during mining operations that involve the extraction of, or exploration for, a mineral other than asbestos;

(j) laundering asbestos contaminated clothing under this regulation.

(4) Subsection (1) does not apply if the regulator approves the method adopted for managing risk associated with asbestos.

(5) Subsection (1) does not apply to—

(a) soil that a competent person has determined—

(i) does not contain any visible ACM or friable asbestos; or

(ii) if friable asbestos is visible—does not contain more than trace levels of asbestos determined in accordance with AS 4964:2004 (Method for the qualitative identification of asbestos in bulk samples);

(b) naturally occurring asbestos managed in accordance with an asbestos management plan prepared under section 432 .