(1) A person conducting a business or undertaking at a workplace must ensure that:
(a) exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable; and
(b) if it not reasonably practicable to eliminate exposure to airborne asbestos – exposure is minimised so far as is reasonably practicable.
Note for subregulation (1)
WHS (NUL) Act – section 19 (see regulation 9).
(2) A person conducting a business or undertaking at a workplace must ensure that the exposure standard for asbestos is not exceeded at the workplace.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) Subregulations (1)(a) and (2) do not apply in relation to an asbestos removal area:
(a) that is enclosed to prevent the release of respirable asbestos fibres in accordance with regulation 477; and
(b) in which negative pressure is used in accordance with that regulation.