Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as MadeChapter 8A —
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529C Processing of crystalline silica substance must be controlled A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, the processing of a crystalline silica substance unless the processing is controlled.Penalty—Maximum penalty—60 penalty units.Note—See, however, sections 529D and 529F in relation to carrying out particular work in relation to a crystalline silica substance that is engineered stone.
529CA Identifying processing of crystalline silica substance that is high risk(1) A person conducting a business or undertaking carrying out the processing of a crystalline silica substance must, before the processing starts, assess the processing of the crystalline silica substance, in compliance with subsections (2) and (3), to determine whether the processing of the substance at the workplace is reasonably likely to result in a risk to the health of a person at the workplace.Penalty—Maximum penalty—60 penalty units.(2) The person must have regard to the following matters in making an assessment under subsection (1)—(a) the specific processing that will be carried out;(b) the forms of crystalline silica present in the crystalline silica substance;(c) the proportion of crystalline silica contained in the crystalline silica substance, determined as a weight/weight (w/w) concentration;(d) the hazards associated with carrying out the processing, including the likely frequency and duration of a person’s exposure to respirable crystalline silica;(e) whether the airborne concentration of respirable crystalline silica that is present at the workplace is reasonably likely to be more than half the exposure standard for crystalline silica;(f) the results of any relevant air and health monitoring previously conducted at the workplace;(g) any previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace.(3) However, the person must not have regard to either of the following matters in making an assessment under subsection (1)—(a) the control measures implemented under section 529B(1)(b);(b) the use of personal protective equipment, or of administrative controls, to control the risks associated with respirable crystalline silica.(4) The person must ensure an assessment made under subsection (1) is recorded in writing.Penalty—Maximum penalty—(a) for an individual—12 1 / 2 penalty units; or(b) for a body corporate—60 penalty units.(5) If the person is unable make a determination mentioned in subsection (1), the processing of the crystalline silica substance at the workplace is taken to be reasonably likely to result in a risk to the health of a person at the workplace until a determination to the contrary is made under subsection (1).
529CB Silica risk control plan must be prepared for processing that is high risk(1) A person conducting a business or undertaking carrying out the processing of a crystalline silica substance that is high risk must, before the processing starts, ensure a plan in compliance with subsection (2) (a
"silica risk control plan" )—(a) is prepared; or(b) has already been prepared.Penalty—Maximum penalty—60 penalty units.(2) A silica risk control plan must—(a) identify the processing of any crystalline silica substance carried out at the workplace that is high risk; and(b) include the assessment made under section 529CA for the processing of any crystalline silica substance that is high risk; and(c) state the control measures that will be used to control the risks associated with the processing of any crystalline silica substance that is high risk, and how the measures will be implemented, monitored and reviewed; and(d) be set out and expressed in a way that is readily accessible and understandable to a person who will use the plan.(3) However, the person need not comply with subsection (1) in relation to the processing that is high risk if—(a) the processing is also high risk construction work; and(b) a safe work method statement for the high risk construction work is prepared before the processing starts; and(c) the safe work method statement satisfies the requirements mentioned in subsection (2).(4) In this section—
"high risk construction work" has the meaning given by section 291.
529CC Compliance with, and review of, silica risk control plan(1) A person conducting a business or undertaking carrying out the processing of a crystalline silica substance that is high risk must ensure the processing is carried out in accordance with a silica risk control plan prepared in relation to the processing, including by ensuring—(a) the plan is available to all workers at the workplace; and(b) the plan is provided to all workers before they start the processing.Penalty—Maximum penalty—60 penalty units.(2) If the processing of a crystalline silica substance that is high risk is not carried out in compliance with subsection (1), the person conducting the business or undertaking must ensure the processing—(a) is stopped immediately or as soon as it is safe to do so; and(b) is resumed only in accordance with the silica risk control plan prepared in relation to the processing.Penalty—Maximum penalty—60 penalty units.(3) The person conducting the business or undertaking must ensure the silica risk control plan prepared in relation to the processing is reviewed and, as necessary, revised if a relevant control measure in relation to the processing is revised under section 38.Penalty—Maximum penalty—36 penalty units.(4) In this section—
"relevant control measure" means a control measure in relation to the processing of a crystalline silica substance that is high risk.
529CD Duty to train workers about risks of crystalline silica(1) A person conducting a business or undertaking must ensure a worker receives crystalline silica training if the person reasonably believes the worker—(a) may be involved in the processing of a crystalline silica substance that is high risk; or(b) may be at risk of exposure to respirable crystalline silica because of the processing of a crystalline silica substance that is high risk.Note—See also part 3.2, division 1 in relation to the provision of information, training and instruction.Penalty—Maximum penalty—60 penalty units.(2) The person must keep a record of the training undertaken by the worker—(a) while the worker is carrying out the processing; and(b) for 5 years after the day the worker stops being a worker for the person.Penalty—Maximum penalty—(a) for an individual—12 1 / 2 penalty units; or(b) for a body corporate—60 penalty units.(3) The person must keep the record available for inspection under the Act.Penalty—Maximum penalty—(a) for an individual—12 1 / 2 penalty units; or(b) for a body corporate—60 penalty units.(4) In this section—
"crystalline silica training" means a VET accredited course, or training approved by the regulator, in relation to—(a) the health risks associated with exposure to respirable crystalline silica; or(b) the need for, and proper use of, control measures required under this regulation.
"VET accredited course" see the National Vocational Education and Training Regulator Act 2011 (Cwlth) , section 3.
529CE Duty to give results of particular air monitoring to regulator(1) This section applies to a person conducting a business or undertaking if—(a) the business or undertaking is carrying out, or directing or allowing a worker to carry out, the processing of a crystalline silica substance that is high risk; and(b) the results of air monitoring undertaken in relation to the workplace show the airborne concentration of respirable crystalline silica has exceeded the workplace exposure standard for crystalline silica.(2) The person must give the regulator the results of the air monitoring—(a) in a form approved by the regulator; and(b) as soon as reasonably practicable, but no later than 14 days, after the day the person receives the results.Penalty—Maximum penalty—60 penalty units.Notes—1 See section 50 for when the person conducting the business or undertaking must carry out air monitoring for respirable crystalline silica.2 See also part 7.1, division 6 for when the person conducting the business or undertaking must provide health monitoring to workers carrying out the processing of a crystalline silica substance that is high risk.