(1) A person
conducting a business or undertaking who commissions asbestos removal work at
a workplace must ensure that an independent competent person undertakes air
monitoring of the asbestos removal area at the workplace.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2) If the workplace
is residential premises, the licensed removalist carrying out asbestos removal
work at the premises must ensure that an independent competent person
undertakes air monitoring of the asbestos removal area at the premises.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2A) For the purposes
of subregulations (1) and (2), if the asbestos removal work must be
carried out by the holder of a Class A asbestos removal licence, the
independent competent person must be a licensed asbestos assessor.
(3) The air monitoring
must be carried out —
(a)
immediately before the licensed asbestos removal work commences, unless glove
bags are to be used for the removal; and
(b)
while the licensed asbestos removal work is carried out.
(4) The person who
commissions the licensed asbestos removal work must ensure that the results of
the air monitoring are given to the following —
(a)
workers at the workplace;
(b)
health and safety representatives for workers at the workplace;
(c) a
person conducting a business or undertaking at the workplace;
(d)
other persons at the workplace.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(5) If the workplace
is residential premises, the licensed asbestos removalist carrying out the
licensed asbestos removal work at the premises must ensure that the results of
the air monitoring are given to the following —
(a) the
person who commissioned the asbestos removal work;
(b)
workers at the workplace;
(c)
health and safety representatives for workers at the workplace;
(d) a
person conducting a business or undertaking at the workplace;
(e) the
occupier of the residential premises;
(f) the
owner of the residential premises;
(g)
other persons at the workplace.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(6) An independent
competent person, who undertakes air monitoring for the purposes of this
regulation, must use the membrane filter method for the air monitoring.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.