Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 529CA

529CA Identifying processing of crystalline silica substance that is high risk

(1) A person conducting a business or undertaking carrying out the processing of a crystalline silica substance must, before the processing starts, assess the processing of the crystalline silica substance, in compliance with subsections (2) and (3) , to determine whether the processing of the substance at the workplace is reasonably likely to result in a risk to the health of a person at the workplace.

Penalty—

Maximum penalty—60 penalty units.

(2) The person must have regard to the following matters in making an assessment under subsection (1) —

(a) the specific processing that will be carried out;

(b) the forms of crystalline silica present in the crystalline silica substance;

(c) the proportion of crystalline silica contained in the crystalline silica substance, determined as a weight/weight (w/w) concentration;

(d) the hazards associated with carrying out the processing, including the likely frequency and duration of a person’s exposure to respirable crystalline silica;

(e) whether the airborne concentration of respirable crystalline silica that is present at the workplace is reasonably likely to be more than half the exposure standard for crystalline silica;

(f) the results of any relevant air and health monitoring previously conducted at the workplace;

(g) any previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace.

(3) However, the person must not have regard to either of the following matters in making an assessment under subsection (1) —

(a) the control measures implemented under section 529B (1) (b) ;

(b) the use of personal protective equipment, or of administrative controls, to control the risks associated with respirable crystalline silica.

(4) The person must ensure an assessment made under subsection (1) is recorded in writing.

Penalty—

Maximum penalty—

(a) for an individual—12 1 / 2 penalty units; or

(b) for a body corporate—60 penalty units.

(5) If the person is unable make a determination mentioned in subsection (1) , the processing of the crystalline silica substance at the workplace is taken to be reasonably likely to result in a risk to the health of a person at the workplace until a determination to the contrary is made under subsection (1) .