New South Wales

According to 2000 Occupational Health and Safety Act, every employer should provide their employee with safety where health is concerned, which also means that all work premises and systems should be free from all risks. Employers on their path should provide enough instructions, information and training to see that all their employees remain safe and healthy. For a corporation that fails to comply with the standards of the above Act, the penalty is 5000 units and for an individual who fails to comply for the first time, it is 500 penalty units.

The 2001 Occupational Health and Safety Regulation apply to all places of work in Australia. According to this, a person who controls the premises should be able to identify a possible health hazard in the workplace that may affect people who come and go or even work there. These hazards include those which may also contain asbestos. The premises controller should also be able to identify the risk and then eliminate it, however if that is not possible then the risk should at least be controlled. The risk should then be assessed as per the circumstances of the Regulation’s Clause 37. All the workers in New South Wales covered by this Clause should be informed and trained in matters concerning their safety.

For hazards that come from asbestos or Asbestos Containing Material (ACM), the controllers ought to make their assessment of measure as per the Control Guide of Asbestos Hazards in Structures and Buildings, which is published by the NOHS commission. It becomes the responsibility of the controller to ensure a register be maintained, which documents the type, locations and condition of the ACM. Any action that is taken to control Asbestos should be recorded in the register, which should be shared with the employees who work there along with subsequent updates.

It is required by the employer that all asbestos work should be carried out in line with the Control Guide of Asbestos Hazards in Structures and Buildings and The Safe Practice Code of the Asbestos’ Removal [NOHSC: 2002 (1988)]. An Employer must see to it that the atmosphere is checked for risk assessment as described by The Regulation.

Failure to comply with the above is punishable with a penalty equivalent up to level 4.

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