Determining presence of asbestos or ACM
451 Determining presence of asbestos or ACM
This section applies if—
demolition or refurbishment is to be carried out at a workplace; and
there is no asbestos register for the structure or plant to be demolished or refurbished at the workplace.
The person conducting a business or undertaking who is to carry out the demolition or refurbishment must not carry out the demolition or refurbishment until the structure or plant has been inspected to determine whether asbestos or ACM is fixed to or installed in the structure or plant.
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
The person conducting a business or undertaking who is to carry out the demolition or refurbishment must ensure that the determination is undertaken by a licensed asbestos assessor.
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
The person conducting a business or undertaking who is to carry out the demolition or refurbishment must assume that asbestos or ACM is fixed to or installed in the structure or plant if—
the licensed asbestos assessor is, on reasonable grounds, uncertain whether or not asbestos is fixed to or installed in the structure or plant; or
part of the structure or plant is inaccessible and likely to be disturbed; or
the structure or plant is at residential premises and an approved warning sign is displayed at the residential premises.
If asbestos or ACM is determined or assumed to be fixed to or installed in the structure or plant, the person conducting a business or undertaking who is to carry out the demolition or refurbishment must inform—
if the workplace is residential premises—
the occupier of the premises; and
the owner of the premises; and
in any other case—the person with management or control of the workplace.
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).
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