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Safeguard OSH Solutions - Thomson Reuters

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Explanatory note

Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 4 April 2016, are made under the Health and Safety at Work Act 2015 (the Act).
Part 2 of the Act imposes general duties on persons conducting a business or undertaking (PCBUs) to ensure, so far as is reasonably practicable, that the workplace is without risks to the health and safety of any person. The effect of these regulations, which are based on corresponding provisions in the Model Work Health and Safety Regulations (Aust), is to impose additional duties on PCBUs in relation to work involving asbestos (including work on sites containing asbestos-contaminated soil).
Part 2 (regulations 7 to 26) prohibits a PCBU from carrying out, or directing or allowing a worker to carry out, work involving asbestos, other than in circumstances expressly permitted. It imposes a general duty on PCBUs at a workplace to eliminate exposure to airborne asbestos at the workplace. It provides for a range of mechanisms to manage asbestos risks, including the imposition of the following duties on PCBUs with management or control of a workplace:
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to identify asbestos and asbestos-containing material (ACM) at the workplace:
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to prepare and keep an asbestos management plan:
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to provide appropriate health monitoring to a worker carrying out asbestos removal work who is at risk of exposure to asbestos:
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prior to demolition or refurbishment, to identify and remove asbestos and ensure emergency procedures are developed.
Part 3 (regulations 27 to 42) deals with asbestos removal. It requires asbestos removal work to be licensed, and requires notification of that work to WorkSafe and other persons by the PCBU with management or control of the workplace and by licensed removalists. It also requires licensed asbestos removalists to ensure asbestos removal workers have appropriate training, and to provide information about the health risks of exposure to asbestos and the need for health monitoring. Part 3 requires licensed asbestos removalists to prepare an asbestos removal control plan for any licensed asbestos removal work. It includes measures to limit access to an asbestos removal area and provides for decontamination facilities and disposal of asbestos waste. This Part also provides for clearance inspections of an asbestos removal area to be undertaken after asbestos removal work is complete in order to verify that the area is safe for normal use.
Part 4 (regulations 43 to 46) deals with air monitoring and related requirements for Class A asbestos removal work. It requires certain action to be taken if the level of respirable asbestos fibres is too high. Regulation 46 requires certain safety measures to be employed when removing friable asbestos.
Part 5 (regulations 47 to 53) is concerned with asbestos-related work. It imposes duties on PCBUs to—
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ensure analysis of a sample is undertaken by an IANZ-accredited laboratory if the PCBU is uncertain whether asbestos or ACM is present at a workplace:
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give to a person likely to be engaged to carry out asbestos-related work information about the health risks and health effects associated with exposure to asbestos and about the need for and details of health monitoring of a worker carrying out asbestos-related work:
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ensure asbestos-related work is carried out in an area that is separated from other work areas and that is properly delineated by barriers:
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ensure air monitoring of the asbestos-related work area is carried out if there is uncertainty as to whether the airborne contamination standard for asbestos is likely to be exceeded:
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ensure decontamination facilities are available when asbestos-related work is carried out and that anything likely to be contaminated is decontaminated or sealed in a decontaminated container before being removed from the workplace:
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ensure that asbestos waste and personal protective equipment used in asbestos-related work is properly disposed of (or in the case of clothing, properly laundered or stored).
Part 6 (regulations 54 to 97) governs the licensing of asbestos removalists and asbestos assessors. It prescribes the types of work for which a Class A asbestos removal licence, a Class B asbestos removal licence, or an asbestos assessor licence is required. Part 6 also sets out the process for applying for and obtaining a licence, including the criteria that must be satisfied for the grant of each type of licence. This Part contains provisions regulating licence documents, alterations to licences, renewal of licences, and the suspension and cancellation of licences. Provision is made for the review of certain licensing decisions and for appeal to a District Court in relation to a review decision.
Part 7 (regulations 98 to 100) contains miscellaneous provisions that—
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require WorkSafe to keep a register of asbestos removal licences and asbestos assessors and make the registers publicly available:
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Schedule 1 contains transitional and savings provisions relating to the transition from the former regulations to these regulations, and provides that certain provisions do not need to be complied with until a specified period after the commencement of these regulations.
Schedule 2 prescribes the fees payable for licences and amendments to, and renewal and replacement of, licences.
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced Regulatory impact statements on 10 March 2015 (updated 21 September 2015) and 4 February 2016 to help inform the decisions taken by the Government relating to the contents of this instrument.
PROMULGATION
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 18 February 2016.
These regulations are administered by the Ministry of Business, Innovation, and Employment.

From OSH Legislation

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