(1) A person conducting a business or undertaking carrying out the processing of a crystalline silica substance that is high risk must, before the processing starts, ensure a plan in compliance with subsection (2) (a
"silica risk control plan" )—(a) is prepared; or(b) has already been prepared.Penalty—Maximum penalty—60 penalty units.
(2) A silica risk control plan must—(a) identify the processing of any crystalline silica substance carried out at the workplace that is high risk; and(b) include the assessment made under section 529CA for the processing of any crystalline silica substance that is high risk; and(c) state the control measures that will be used to control the risks associated with the processing of any crystalline silica substance that is high risk, and how the measures will be implemented, monitored and reviewed; and(d) be set out and expressed in a way that is readily accessible and understandable to a person who will use the plan.
(3) However, the person need not comply with subsection (1) in relation to the processing that is high risk if—(a) the processing is also high risk construction work; and(b) a safe work method statement for the high risk construction work is prepared before the processing starts; and(c) the safe work method statement satisfies the requirements mentioned in subsection (2) .
(4) In this section—
"high risk construction work" has the meaning given by section 291 .