Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to
subregulations (2) to (11) the principal employer and each employer at a
mine must ensure that asbestos is not used at the mine.
(2)
Subregulation (1) does not apply in relation to the use of asbestos
if —
(a) the
use that is made of the asbestos is the same as it was immediately before
13 February 2004; and
(b) the
asbestos has not been moved since that time.
(3)
Subregulation (1) does not apply in relation to the use of asbestos in a
vehicle or other plant if —
(a) the
use that is made of the asbestos in the vehicle or plant is the same as it was
immediately before 13 February 2004; and
(b) the
asbestos has not been moved from its location within the vehicle or plant
since that time.
(4)
Subregulation (1) does not apply in relation to the use of
asbestos —
(a) for
systematic investigations for the primary purpose of adding to general
knowledge, including the carrying out of an experiment; or
(b) for
the display in a museum or educational display of any thing manufactured in
whole or in part from chrysotile (white asbestos), including work necessary to
prepare and maintain the display.
(5)
Subregulation (1) does not apply in relation to the storage
of —
(a) a
compressed asbestos fibre gasket consisting of or containing chrysotile for
use in a plant in contact with saturated steam, superheated steam or dangerous
goods;
(b) a
diaphragm consisting of or containing chrysotile for use in an electrolyte
cell in an electrolysis plant for chlor‑alkali manufacture;
(c) a
split face seal of at least 150 mm in diameter, consisting of or
containing a mixture of chrysotile and a phenol formaldehyde resin or a
cresylic formaldehyde resin;
(d) a
vane for a rotary vacuum pump or a rotary compressor consisting of or
containing a mixture of chrysotile and a phenol formaldehyde resin or a
cresylic formaldehyde resin; or
(e) a
thing the subject of an exemption under Schedule 1B of the Occupational
Health and Safety (Commonwealth Employment) (National Standards) Regulations
1994 of the Commonwealth,
or to work necessary
to make ready one of those things for use after such storage.
(6)
Subregulation (1) does not apply —
(a)
before 1 January 2005, in relation to the use of a compressed
asbestos fibre gasket consisting of or containing chrysotile that is used as a
gasket in plant in a process where it comes into contact with saturated steam,
superheated steam or dangerous goods; or
(b) on
and from 1 January 2005, in relation to the use of the gasket
if —
(i)
the use of the gasket and the asbestos in the gasket are
the same as they were immediately before 1 January 2005; and
(ii)
the gasket has not been moved from its location within
the plant since immediately before 1 January 2005.
(7)
Subregulation (1) does not apply —
(a)
before 1 January 2007, in relation to the use of a compressed
asbestos fibre gasket consisting of or containing chrysotile that is used as a
gasket in a plant in liquid chlorine service; or
(b) on
and from 1 January 2007, in relation to the use of the gasket
if —
(i)
the use of the gasket and the asbestos in the gasket are
the same as they were immediately before 1 January 2007; and
(ii)
the gasket has not been moved from its location within
the plant since immediately before 1 January 2007.
(8)
Subregulation (1) does not apply —
(a)
before 1 January 2007, in relation to the use of a diaphragm
consisting of or containing chrysotile that is used as a diaphragm in an
electrolyte cell in an electrolysis plant for chlor‑alkali manufacture
that existed immediately before 13 February 2004; or
(b) on
and from 1 January 2007, in relation to the use of the diaphragm
if —
(i)
the use of the diaphragm and the asbestos in the
diaphragm are the same as they were immediately before
1 January 2007; and
(ii)
the diaphragm has not been moved from its location within
the plant since immediately before 1 January 2007.
(9)
Subregulation (1) does not apply —
(a)
before 1 January 2008, in relation to the use of a split face seal
of at least 150 mm in diameter, consisting of or containing a mixture of
chrysotile and a phenol formaldehyde resin or a cresylic formaldehyde resin,
that is used as a seal to prevent leakage of water from a cooling water pump
in a fossil fuel powered electricity generating station; or
(b) on
and from 1 January 2008, in relation to the use of the seal
if —
(i)
the use of the seal and the asbestos in the seal are the
same as they were immediately before 1 January 2008; and
(ii)
the seal has not been moved from its location within the
pump since immediately before 1 January 2008.
(10)
Subregulation (1) does not apply —
(a)
before 1 January 2008, in relation to the use of a vane consisting
of or containing a mixture of chrysotile and a phenol formaldehyde resin or a
cresylic formaldehyde resin that is used as a vane for a rotary vacuum pump or
a rotary compressor; or
(b) on
and from 1 January 2008, in relation to the use of the vane
if —
(i)
the use of the vane and the asbestos in the vane are the
same as they were immediately before 1 January 2008; and
(ii)
the vane has not been moved from its location within the
pump or compressor since immediately before 1 January 2008.
(11)
Subregulation (1) does not apply —
(a)
before 1 January 2008, in relation to the use in plant of a thing
consisting of or containing chrysotile that is the subject of an exemption
under Schedule 1B of the Occupational Health and Safety (Commonwealth
Employment) (National Standards) Regulations 1994 of the Commonwealth; or
(b) on
and from 1 January 2008, in relation to the use of the thing
if —
(i)
the use of the thing and the asbestos in the thing are
the same as they were immediately before 1 January 2008; and
(ii)
the thing has not been moved from its location within the
plant since immediately before 1 January 2008.
(12) In this
regulation —
use includes cleaning, maintaining, processing,
producing and treating, but does not include removal and disposal of asbestos
from the mine.
[Regulation 9.32A inserted in Gazette
13 Feb 2004 p. 541‑5; amended in Gazette
7 Jan 2005 p. 73; 29 Feb 2008 p. 691.]