Public Health Regulation 2018

This regulation may be cited as the Public Health Regulation 2018.

This regulation commences on 1 September 2018.

The dictionary in schedule 8 defines particular words used in this regulation.

This division prescribes, under section 61(1)(c) of the Act, measures to prevent and control the public health risk mentioned in section 11(1)(b)(viii) of the Act in relation to the dispersal or release of asbestos fibres.

In this division—

ACM means any material, object, product or debris containing asbestos.

associated asbestos waste means—

ACM, other than a sample of ACM removed for scientific testing, that is removed in a non-workplace area, including ACM dust; or

disposable items contaminated with ACM that is removed in a non-workplace area.

Examples for paragraph (b)—

personal protective equipment, plastic sheeting and rags used for cleaning

bonded ACM means ACM, other than friable ACM, that contains a bonding compound reinforced with asbestos fibres.

Examples—

asbestos cement pipes, flat or corrugated asbestos cement sheets consisting of sand and cement reinforced with asbestos fibres

friable ACM means ACM that, when dry, can be crumbled, pulverised or reduced to powder by hand pressure.

non-workplace area means a place other than a workplace under the Work Health and Safety Act 2011.

prescribed work means—

doing any of the following in relation to ACM located in a non-workplace area—

breaking;

cleaning;

cutting;

maintaining;

removing;

repairing;

storing;

using; or

separating associated asbestos waste from other waste.

remove, in relation to ACM, includes move the ACM from the position where it was installed immediately before 18 June 2007.

Example of removing ACM—

moving a sheet of ACM to access an area for maintenance

This division is to be administered and enforced by local governments only.

A person must not remove friable ACM located in a non-workplace area unless the person holds a class A asbestos removal licence under the Work Health and Safety Regulation 2011.

Maximum penalty—100 penalty units.

A person must not remove a quantity of bonded ACM of more than 10m² located in a non-workplace area unless the person holds a current certificate under this section.

Maximum penalty—100 penalty units.

The chief executive may establish or approve arrangements under which a person who finishes training about safely removing bonded ACM satisfactory to the chief executive, in competencies decided by the chief executive, may obtain a certificate.

Examples—

1 The chief executive approves a particular statement of attainment issued by a registered training organisation as a certificate under this section.

2 The chief executive establishes an interactive training course on the internet that issues certificates under this section to persons who successfully finish the course.

To remove any doubt, it is declared that if more than 1 person is removing the bonded ACM, subsection (1) applies to each of the persons.

In this section—

current certificate, held by a person, means a certificate—

the person obtained under arrangements established or approved by the chief executive under subsection (2); and

while the certificate is in effect under the arrangements.

A person must not—

use a power tool, or a device attached to a power tool, to cut or clean ACM located in a non-workplace area; or

Examples—

• using an electric sander to remove paint from asbestos cement sheeting

• using an angle grinder to cut asbestos cement pipes

use a high pressure water process to clean ACM located in a non-workplace area; or

Example—

using a water blaster to clean an asbestos cement roof

use compressed air to clean ACM, or a surface where ACM is present, located in a non-workplace area.

Examples—

• using compressed air to clean an area after working with asbestos cement sheeting

• using compressed air to clean the brake drums of a car

Maximum penalty—100 penalty units.

In this section—

power tool means—

an electric, battery, hydraulic, fuel or pneumatic powered tool; but

does not include a battery powered drill that is operating at less than 650rpm.

This section applies if—

a person is carrying out prescribed work in a non-workplace area in relation to bonded ACM; and

the bonded ACM is broken.

The person must ensure a broken surface of the bonded ACM that is not being removed from the non-workplace area is sealed.

Example of sealing a broken surface of bonded ACM—

applying paint or PVA glue to the surface

Maximum penalty—100 penalty units.

A person who carries out prescribed work in a non-workplace area must take reasonable measures to minimise—

the risk of asbestos fibres being released; and

the associated hazard to the health of the person and any other person.

Maximum penalty—100 penalty units.

For subsection (1), reasonable measures may include any of the following—

spraying water or a coat of PVA glue on ACM or other associated asbestos waste;

using vacuum cleaning equipment that complies with AS/NZS 60335.2.69 to collect asbestos fibres;

cleaning all equipment that is contaminated with ACM;

using a wet cloth to wipe away dust that may have originated from ACM;

ensuring, as far as practicable, that ACM is not broken or abraded;

wearing personal protective equipment to minimise exposure to airborne asbestos fibres;

collecting and handling associated asbestos waste separately from other waste.

Subsection (2) does not limit what might be reasonable measures.

In this section—

AS/NZS 60335.2.69 means AS/NZS 60335.2.69:2017 ‘Household and similar electrical appliances—Safety’ Part 2.69 ‘Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use’ (2017).

A person who carries out prescribed work in a non-workplace area must ensure all associated asbestos waste is packaged and disposed of in the way mentioned in subsection (2) as soon as practicable, but within 5 business days, after carrying out the work.

Maximum penalty—100 penalty units.

The associated asbestos waste must be—

either—

double wrapped in plastic sheeting that is at least 0.2mm thick and sealed with adhesive tape; or

double bagged in plastic bags that are at least 0.2mm thick, and no more than 1200mm long and 900mm wide, and sealed with adhesive tape; and

labelled with a clearly visible warning that states—

the packaging contains asbestos; and

damage to the packaging and dust inhalation should be avoided; and

Example of warning—

‘CAUTION—ASBESTOS

DO NOT DAMAGE OR OPEN BAG

DO NOT INHALE DUST

CANCER AND LUNG DISEASE HAZARD’

disposed of at a site approved by a local government for the disposal of asbestos waste.