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WORK HEALTH AND SAFETY REGULATION 2011 - REG 50
Monitoring airborne contaminant levels
50 Monitoring airborne contaminant levels
(1) A person conducting a business or undertaking at a workplace must ensure
that air monitoring is carried out to determine the airborne concentration of
a substance or mixture at the workplace to which an exposure standard applies
if— (a) the person is not certain on reasonable grounds whether or not the
airborne concentration of the substance or mixture at the workplace exceeds
the relevant exposure standard; or
(b) monitoring is necessary to determine
whether there is a risk to health.
Penalty— Maximum penalty—60
penalty units.
(2) A person conducting a business or undertaking at a
workplace must ensure that the results of air monitoring carried out under
subsection (1) are— (a) recorded, and kept for 30 years after the date the
record is made; and
(b) readily accessible to persons at the workplace who
may be exposed to the substance or mixture.
Penalty— Maximum
penalty— (a) for an individual—12 1 / 2 penalty units; or
(b) for a body
corporate—60 penalty units. Note— A penalty provision under this
regulation generally does not expressly prescribe a maximum fine for a body
corporate different from the maximum fine for an individual and therefore
under the Penalties and Sentences Act 1992 , section 181B , the maximum fine
is taken to be for an individual and a court may impose on a body corporate a
maximum fine of an amount equal to 5 times the maximum fine for an individual.
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