402—Identifying lead risk work
(1) A
person conducting a business or undertaking at a workplace must assess each
lead process carried out by the business or undertaking at the workplace to
determine if lead risk work is carried out in the process.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) In assessing a
lead process, the person must have regard to the following:
(a) past
biological monitoring results of workers;
(b)
airborne lead levels;
(c) the
form of lead used;
(d) the
tasks and processes required to be undertaken with lead;
(e) the
likely duration and frequency of exposure to lead;
(f)
possible routes of exposure to lead;
(g) any
information about incidents, illnesses or diseases in relation to the use of
lead at the workplace.
(3) In assessing a
lead process, the person must not have regard to the effect of using personal
protective equipment on the health and safety of workers at the workplace.
(4) If a
person conducting a business or undertaking at a workplace is unable to
determine whether lead risk work is carried out in a lead process at the
workplace, the process is taken to include lead risk work until the person
determines that lead risk work is not carried out in the process.