Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to
subregulations (2) to (8), a person who, at a workplace, is an employer,
the main contractor or a self‑employed person must ensure that an
article consisting of or containing a Schedule 5.6 substance is not used
at the workplace, other than to remove and dispose of the article,
unless —
(a) the
Commissioner has given approval to use the article at the workplace; and
(b) the
article is used only in analysis or bona fide research; and
(c) the
use is in accordance with any condition imposed by the Commissioner.
Penalty: the regulation 1.16 penalty.
(2) A person does not
commit an offence under subregulation (1) in relation to the use with
saturated steam, superheated steam or dangerous goods (as defined in the
Dangerous Goods Safety Act 2004 section 3(1)), of a compressed
asbestos fibre gasket consisting of or containing chrysotile (white
asbestos) —
(a)
before 1 January 2005, if the Commissioner has given written
approval to use the gasket at the workplace;
(b) on
and after 1 January 2005, if the location of the gasket in the
workplace and its use are the same as they were immediately before
1 January 2005.
(3) A person does not
commit an offence under subregulation (1) in relation to the use in a
plant in liquid chlorine service with design process conditions of minus
45° Celsius under 1500 kPa pressure, of a compressed asbestos fibre
gasket consisting of or containing chrysotile (white asbestos) —
(a)
before 1 January 2007, if the Commissioner has given written
approval to use the gasket at the workplace;
(b) on
and after 1 January 2007, if the location of the gasket in the
workplace and its use are the same as they were immediately before
1 January 2007.
(4) A person does not
commit an offence under subregulation (1) in relation to the use in an
electrolyte cell in an electrolysis plant for chlor‑alkali manufacture
that existed on 1 January 2004, of a diaphragm consisting of or
containing chrysotile (white asbestos) —
(a)
before 1 January 2007, if the Commissioner has given written
approval to use the diaphragm at the workplace;
(b) on
and after 1 January 2007, if the location of the diaphragm in the
workplace and its use are the same as they were immediately before
1 January 2007.
(5) A person does not
commit an offence under subregulation (1) in relation to the use in a
rotary vacuum pump or a rotary compressor, of a vane consisting of or
containing chrysotile (white asbestos) mixed with a phenol formaldehyde resin
or a cresylic formaldehyde resin —
(a)
before 1 January 2008, if the Commissioner has given written
approval to use the vane at the workplace;
(b) on
and after 1 January 2008, if the location of the vane in the
workplace and its use are the same as they were immediately before
1 January 2008.
(6) A person does not
commit an offence under subregulation (1) in relation to the use of a
split face seal of at least 150 mm in diameter used to prevent leakage of
water from a cooling water pump in a fossil fuel powered electricity
generating station, and consisting of or containing chrysotile (white
asbestos) mixed with a phenol formaldehyde resin or a cresylic formaldehyde
resin —
(a)
before 1 January 2008, if the Commissioner has given written
approval to use the seal at the workplace;
(b) on
and after 1 January 2008, if the location of the seal in the
workplace and its use are the same as they were immediately before
1 January 2008.
(7) A person does not
commit an offence under subregulation (1) in relation to the use of an
article consisting of or containing chrysotile (white asbestos) that is the
subject of an exemption under Schedule 1B of the
Occupational Health and Safety (Safety Standards) Regulations 1994 of the
Commonwealth —
(a)
before 1 January 2011, if the Commissioner has given written
approval to use the article at the workplace;
(b) on
and after 1 January 2011, if the location of the article in the
workplace and its use are the same as they were immediately before
1 January 2011.
(8) A person does not
commit an offence under subregulation (1) in relation to the use of an
article as part of a thing if the location of the article in the thing and its
use are the same as they were immediately before 1 January 2004.
[Regulation 5.32A inserted in Gazette
30 Dec 2003 p. 5740‑2; amended in Gazette
14 Dec 2004 p. 6018; 4 Jan 2008 p. 16;
5 Jun 2009 p. 1880.]