Duty to limit use of equipment
446 Duty to limit use of equipment
A person conducting a business or undertaking must not use, or direct or allow a worker to use, either of the following on asbestos or ACM:
high-pressure water spray;
compressed air.
Maximum penalty: tier G monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Subsection (1) (a) does not apply to the use of a high-pressure water spray for firefighting or fire protection purposes.
A person conducting a business or undertaking must not use, or direct or allow a worker to use, any of the following equipment on asbestos or ACM unless the use of the equipment is controlled:
power tools;
brooms;
any other implements that cause the release of airborne asbestos into the atmosphere.
Maximum penalty: tier G monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
In this section:
controlled—the use of equipment is controlled if—
the equipment is enclosed during its use; or
the equipment is designed to capture or suppress airborne asbestos and is used in accordance with its design; or
the equipment is used in a way that is designed to capture or suppress airborne asbestos safely; or
any combination of paragraphs (a), (b) and (c) applies.
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