Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003

Victorian Legislation and Parliamentary Documents i Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 S.R. No. 157/2003 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 2 3. Commencement 2 4. Principal Regulations 2 5. Exemption for chrysotile from certain provisions 2 106A. Exemption for chrysotile from regulations 311 and 312 2 106B. Exemption for chrysotile from regulations 307, 308, 309 and 310 4 6. Notice required of certain matters determined by the Authority 5 7. General exclusions 5 8. New Schedule 1A inserted 6 SCHEDULE 1A—Categories of Asbestos-Containing Material Containing Chrysotile Asbestos and their Uses 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2003 S.R. No. 157/2003 Occupational Health and Safety 1985 Dangerous Goods Act 1985 Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 16 December 2003 Responsible Minister: ROB HULLS Minister for WorkCover SUDHA KASYNATHAN Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Occupational Health and Safety (Asbestos) Regulations 2003— (a) to exempt persons from complying with certain requirements in relation to chrysotile asbestos; and (b) to provide that certain prohibitions do not apply in specified circumstances in relation to soil or construction material that contains asbestos. -- 2 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 157/2003 Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 2 2. Authorising provisions These Regulations are made under section 59 of the Occupational Health and Safety Act 1985 and section 52 of the Dangerous Goods Act 1985. 3. Commencement There Regulations come into operation on 31 December 2003. 4. Principal Regulations In these Regulations, the Occupational Health and Safety (Asbestos) Regulations 20031 are called the Principal Regulations. 5. Exemption for chrysotile from certain provisions After regulation 106 of the Principal Regulations insert— "106A. Exemption for chrysotile from regulations 311 and 312 (1) A person is not required to comply with regulation 311 or 312 until the relevant date specified in Schedule 1A if— (a) the asbestos-containing material contains chrysotile asbestos (but not amphibole asbestos) and is of a type, and for a use, that falls within a category specified in Schedule 1A; and (b) the person has given a notice to the Authority in accordance with sub- regulation (2); and (c) the person receives from the Authority a confirmation of receipt of the notice. r. 2 -- 3 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 157/2003 Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 3 (2) A notice referred to in sub-regulation (1)(b) must state— (a) the person's name and any registered business name; and (b) the person's contact details; and (c) the category specified in Schedule 1A within which the chrysotile asbestos falls; and (d) the address of the premises where the person will use, install or re-use chrysotile-containing material or will replace any material with chrysotile- containing material; and (e) the quantity of chrysotile-containing material; and (f) if different to paragraph (b), the contact details of the person immediately involved in the use, installation or re- use of chrysotile-containing material or in the replacement of any material with chrysotile-containing material; and (g) the date of the notice; and (h) the details of any consultation that occurred with the health and safety representative of a relevant designated work group in relation to the proposed use, installation or re-use of chrysotile- containing material or replacement of any material with chrysotile-containing material; and (i) the name and contact details of persons who will supply, store, transport or sell the chrysotile-containing material. r. 5 -- 4 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 157/2003 Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 4 (3) Within 30 days after receiving a notice under sub-regulation (1)(b), the Authority must— (a) give the person who gave the notice a receipt in writing that states that the Authority confirms receipt of the notice; or (b) in writing inform the person who gave the notice— (i) that the Authority defers confirming receipt of the notice under paragraph (a) because the notice contains insufficient information; and (ii) what further information is required by the Authority. (4) The person who receives a confirmation of receipt under sub-regulation (3)(a) must provide a copy of the confirmation of receipt to any other person who supplies, stores transports or sells chrysotile-containing material on behalf of the first-mentioned person. 106B. Exemption for chrysotile from regulations 307, 308, 309 and 310 A person who is given a copy of a confirmation of receipt under regulation 106A(4) is not required to comply with regulation 307, 308, 309 or 310 when supplying, storing, transporting or selling the chrysotile-containing material specified in the confirmation of receipt.". r. 5 -- 5 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 157/2003 Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 5 6. Notice required of certain matters determined by the Authority After regulation 108(c) of the Principal Regulation insert— "(ca) regulation 301(3)(b)(i); or". 7. General exclusions After regulation 301(2) of the Principal Regulations insert— "(3) The prohibitions specified in regulations 307 to 312(1) and (3) do not apply to— (a) soil from which asbestos-containing material has been removed and where a visual inspection of that soil caused by the person proposing to supply, store, transport, sell, use, re-use or install the soil indicates that there is no remaining asbestos-containing material in the soil; or (b) construction materials (including concrete and bricks)— (i) of which less than a percentage determined by the Authority is asbestos-containing material measured using a method determined by the Authority; and (ii) that are intended to be re-used as base materials in construction work (such as roads and foundations). (4) Re-used construction materials referred to in sub-regulation (3)(b) must be enclosed or sealed within material to prevent the release of airborne asbestos fibres.". r. 6 -- 6 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 157/2003 Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 6 8. New Schedule 1A inserted After Schedule 1 to the Principal Regulations insert— 'SCHEDULE 1A Regulation 106A CATEGORIES OF ASBESTOS-CONTAINING MATERIAL CONTAINING CHRYSOTILE ASBESTOS AND THEIR USES Category 1 1. Compressed asbestos fibre ("CAF") gaskets used in vessels or pipes that hold or transfer— (a) saturated steam; or (b) superheated steam; or (c) substances that are— (i) hazardous substances within the meaning of the Occupational Health and Safety (Hazardous Substances) Regulations 1999; or (ii) dangerous goods; or (d) chlorine, if, in the case of plants used in liquid chlorine service, there are design process conditions of –45 degrees Celsius and 1500 kPa pressure. 2. The category includes gaskets used in vehicles, such as cylinder head gaskets and exhaust gaskets that contain the substances referred to in item 1. 3. The category does not include— (a) spiral wound gaskets with an asbestos filler; (b) valve packings. 4. Compliance with regulation 311 or 312 is not required until 1 January 2005 or, in the case of item 1(d), until 1 January 2007. r. 8 -- 7 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 157/2003 Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 7 Category 2 1. Products consisting of a mixture of asbestos and phenol formaldehyde resin or asbestos and cresylic formaldehyde resin that are used in— (a) vanes for rotary vacuum pumps; or (b) vanes for rotary compressors; or (c) spilt face seals of at least 150 millimetres in diameter used to prevent leakage of water from cooling water pumps in fossil fuel electricity generating stations. 2. Compliance with regulation 311 or 312 is not required until 1 January 2008. Category 3 1. Diaphragms for use in electrolytic cells in existing electrolysis plants for chlor-alkali manufacture. 2. Chlor-alkali products are chlorine, caustic soda and hydrogen. The manufacturing process involves the electrolysis of brine (sodium chloride solution) in electrolytic cells. 3. Compliance with regulation 311 or 312 is not required until 1 January 2007. Category 4 1. Chrysotile-containing parts and components in relation to which an exemption under the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 of the Commonwealth has been granted to the Commonwealth Department of Defence or the Australian Defence Force. 2. Compliance with regulation 311 or 312 is not required until 1 January 2008.'. ═══════════════ r. 8 -- 8 of 9 -- Victorian Legislation and Parliamentary Documents S.R. No. 157/2003 Occupational Health and Safety (Asbestos) (Amendment) Regulations 2003 8 ENDNOTES 1 Reg. 4: S.R. No. 16/2003. Endnotes -- 9 of 9 --