South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 529CA

529CA—Identifying processing of CSS that is high risk

        (1)         A person conducting a business or undertaking at a workplace must assess the processing of a CSS carried out by the business or undertaking at the workplace to determine if the processing is high risk.

Maximum penalty:

            (a)         In the case of an individual—$8 400.

            (b)         In the case of a body corporate—$42 000.

        (2)         In assessing whether the processing of a CSS is high risk, the person must have regard to the following:

            (a)         the specific processing that will be undertaken;

            (b)         the form or forms of crystalline silica present in the CSS;

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

            (d)         the hazards associated with the work, including the likely frequency and duration that a person will be exposed to respirable crystalline silica;

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

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

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

        (3)         In assessing whether the processing of a CSS is high risk, the person must not—

            (a)         rely on the control measures implemented under regulation 529B(1)(b); or

            (b)         have regard to the use of personal protective equipment and administrative controls used to control the risks associated with respirable crystalline silica.

        (4)         The person must ensure that a risk assessment conducted under subregulation (1) is recorded in writing.

Maximum penalty:

            (a)         In the case of an individual—$1 700.

            (b)         In the case of a body corporate—$8 500.

        (5)         If a person conducting a business or undertaking is unable to determine whether the processing of a CSS carried out at the workplace is high risk, the processing is taken to be high risk until the person determines that the processing is not high risk.