Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (SAFETY STANDARDS) REGULATIONS 1994 - REG 6.17A

         (1)   Subregulation (2) applies to an employee if, in the course of the employee's employment, the employee has been, or the employer reasonably suspects that the employee has been, exposed to a scheduled carcinogenic substance in, or in connection with, a circumstance mentioned in column 3 of Schedule 1A in relation to that substance.

      (1A)   Strict liability applies to the following physical elements in subregulation (1):

                (a)    that the carcinogenic substance is a scheduled carcinogenic substance;

               (b)    that the circumstance in relation to that substance is the circumstance mentioned in the relevant item in column 3 of Schedule 1A.

Note    For strict liability , see section 6.1 of the Criminal Code .

         (2)   On the termination of the employee's employment, the employer must provide the employee with a written statement that includes the following information:

                (a)    the name of each scheduled carcinogenic substance to which the employee was, or was likely to have been, exposed;

               (b)    the period of known exposure to the substance;

                (c)    the period of likely exposure to the substance;

               (d)    a copy of any relevant assessment report;

                (e)    details of how and where the employee can obtain any relevant additional records;

                (f)    the advisability of having periodic health assessments and the types of tests that are relevant.

Penalty:   10 penalty units.

         (3)   If an employer reasonably suspects that an employee has been accidentally exposed to a scheduled carcinogenic substance, the employer must, as soon as practicable, notify the employee of that exposure.

Penalty:   10 penalty units.

         (4)   Strict liability applies to the physical element in subregulation (3) that the carcinogenic substance is a scheduled carcinogenic substance.

Note    For strict liability , see section 6.1 of the Criminal Code .