(1) A person conducting a business or undertaking must ensure a worker receives crystalline silica training if the person reasonably believes the worker—(a) may be involved in the processing of a crystalline silica substance that is high risk; or(b) may be at risk of exposure to respirable crystalline silica because of the processing of a crystalline silica substance that is high risk.Note—See also part 3.2 , division 1 in relation to the provision of information, training and instruction.Penalty—Maximum penalty—60 penalty units.
(2) The person must keep a record of the training undertaken by the worker—(a) while the worker is carrying out the processing; and(b) for 5 years after the day the worker stops being a worker for the person.Penalty—Maximum penalty—(a) for an individual—12 1 / 2 penalty units; or(b) for a body corporate—60 penalty units.
(3) The person must keep the record available for inspection under the Act .Penalty—Maximum penalty—(a) for an individual—12 1 / 2 penalty units; or(b) for a body corporate—60 penalty units.
(4) In this section—
"crystalline silica training" means a VET accredited course, or training approved by the regulator, in relation to—(a) the health risks associated with exposure to respirable crystalline silica; or(b) the need for, and proper use of, control measures required under this regulation.
"VET accredited course" see the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 3 .