Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 233

    (1)     An employer at any workplace to which this Division applies must—

        (a)     if another person manages or controls the workplace, obtain from that person a copy of the asbestos register; and

        (b)     so far as is reasonably practicable, identify all asbestos present that is under the management or control of the employer, including asbestos-containing material that is fixed to or installed in any plant under the management or control of the employer.

Note

Act compliance—sections 21, 23 and 26 (see regulation 7).

    (2)     For the purpose of complying with subregulation (1)(b), if there is uncertainty (based on reasonable grounds) as to whether any material of which the employer has management or control is asbestos, or if there are inaccessible areas that are likely to contain asbestos, the employer must—

        (a)     assume that asbestos is present; or

        (b)     arrange for analysis of a sample to be undertaken.

    (3)     If asbestos is assumed to be present under subregulation (2), it is taken to be identified for the purposes of this Part.

    (4)     In relation to asbestos that is identified, the employer must determine—

        (a)     the location of the asbestos; and

        (b)     the likely source of asbestos that is not fixed or installed; and

        (c)     in relation to asbestos-containing material—

              (i)     the type of asbestos-containing material; and

              (ii)     whether the asbestos-containing material is friable or non-friable; and

              (iii)     the condition of the asbestos-containing material; and

              (iv)     whether the asbestos-containing material is likely to sustain damage or deterioration; and

        (d)     so far as is possible, any activities likely to be carried out at the workplace that are, in view of their nature or design, likely to damage or disturb any asbestos at the workplace.

Note

Act compliance—sections 21, 23 and 26 (see regulation 7).

    (5)     In relation to inaccessible areas that are likely to contain asbestos, the employer must comply with subregulation (4)(a) and (b) so far as is possible.

    (6)     In relation to asbestos that is identified under subregulation (1)(b), the employer must ensure that—

        (a)     the presence and location of the asbestos are clearly indicated; and

        (b)     if reasonably practicable, the indication is by labelling.

Note

Act compliance—sections 21, 23 and 26 (see regulation 7).