Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person who, at a
workplace, is an employer, the main contractor, a self‑employed person
or the person having control of the workplace must ensure that any asbestos
work at the workplace involving friable asbestos‑containing
material —
(a) is
done by —
(i)
the holder of an unrestricted licence; or
(ii)
a person employed or otherwise engaged by the holder of
an unrestricted licence;
and
(b) is
done in accordance with —
(i)
the Code of Practice for the Safe Removal of Asbestos 2
nd Edition [NOHSC: 2002 (2005)]; and
(ii)
the unrestricted licence.
Penalty: the regulation 1.16 penalty.
(2A) Subject to
regulation 5.53A(5), a person who, at a workplace, is an employer, the
main contractor, a self‑employed person or the person having control of
the workplace must ensure that any asbestos work at the workplace involving
more than 10 m² of non‑friable asbestos‑containing
material —
(a) is
done by —
(i)
the holder of an unrestricted licence or a restricted
licence; or
(ii)
a person employed or otherwise engaged by the holder of
an unrestricted licence or a restricted licence;
and
(b) is
done in accordance with —
(i)
Part 9 of the Code of Practice for the Safe Removal
of Asbestos 2 nd Edition [NOHSC: 2002 (2005)]; and
(ii)
the unrestricted licence or the restricted licence, as
the case requires.
Penalty: the regulation 1.16 penalty.
(2B) A person who, at
a workplace, is an employer, the main contractor, a self‑employed person
or the person having control of the workplace must ensure that any asbestos
work at the workplace involving 10 m² or less of non‑friable
asbestos‑containing material is done in accordance with Part 9 of
the Code of Practice for the Safe Removal of Asbestos
2 nd Edition [NOHSC:
2002 (2005)].
Penalty: the regulation 1.16 penalty.
(2) A person doing
asbestos work at a workplace must maintain the standard of personal hygiene
and use such protective equipment as is required by Part 9 of the Code of
Practice for the Safe Removal of Asbestos 2 nd Edition [NOHSC: 2002 (2005)].
Penalty for a person who commits the offence as an
employee: the regulation 1.15 penalty.
Penalty in any other case:
(a) for
a first offence, $25 000; and
(b) for
a subsequent offence, $31 250.
[Regulation 5.45 amended in Gazette
14 Dec 2004 p. 6017 and 6018; 18 Nov 2005
p. 5661‑2; 22 Dec 2009 p. 5244‑6.]