❓ Hon. Alison Xamon questions Worksafe regarding asbestos removal at 8a Carbon Court, Osborne Park, specifically why certain regulations weren't applied and actions taken for breaches. The answer clarifies the inspector's actions and the applicable regulations.
AnsweredQoN 4832Legislative Council
QuestionView source ↗
I refer to the answer to question on notice No. 4255 asked on 21 June 2011 in relation to complaints about the handling of crysolite asbestos removal from 8a Carbon Court in Osborne Park by Len Fode Roofing and Action Asbestos, and ask -
(1) What circumstances led the Worksafe Inspector to form the opinion that the regulations in the
Occupational Safety and Health Regulations 1996
referencing the
Code of Practice for the Safe Removal of Asbestos
2nd edition [NOHSC: 2002 (2005)] were not applicable to this matter?
(2) In particular, please explain why the following regulations were not considered applicable -
(a) regulation 5.45 - Asbestos removal work; and
(b) regulation 3.126 - Demolition work involving asbestos (which references regulation 5.45).
(3) In relation to the Worksafe Inspector’s findings regarding regulation 5.43 of the
Occupational Safety and Health Regulations 1996
-
(a) please specify the breaches of the
Code of Practice for the Management and Control of Asbestos in Workplaces
[NOHSC: 2018 (2005)] found by the Worksafe Inspector; and
(b) please specify what actions Worksafe undertook in relation to each of these breaches.
(1) What circumstances led the Worksafe Inspector to form the opinion that the regulations in the
Occupational Safety and Health Regulations 1996
referencing the
Code of Practice for the Safe Removal of Asbestos
2nd edition [NOHSC: 2002 (2005)] were not applicable to this matter?
(2) In particular, please explain why the following regulations were not considered applicable -
(a) regulation 5.45 - Asbestos removal work; and
(b) regulation 3.126 - Demolition work involving asbestos (which references regulation 5.45).
(3) In relation to the Worksafe Inspector’s findings regarding regulation 5.43 of the
Occupational Safety and Health Regulations 1996
-
(a) please specify the breaches of the
Code of Practice for the Management and Control of Asbestos in Workplaces
[NOHSC: 2018 (2005)] found by the Worksafe Inspector; and
(b) please specify what actions Worksafe undertook in relation to each of these breaches.
AnswerView source ↗
Answered
22 November 2011
Responded by
Minister for Commerce
Response time
35 days
Answer
(1) The inspector did not form such an opinion.
(2-3) The inspector issued the improvement notice requiring compliance with regulation 5.43 because of the conflicting views about the presence of asbestos between the parties at the workplace.
Regulation 5.43 requires that the presence and location of asbestos is identified at the workplace and process for identification is conducted in accordance with the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018(2005).
If asbestos is detected and requires removal, regulation 5.45 requires the work to be done in accordance with the Code of Practice for the Safe Removal of Asbestos 2
nd
Edition [NOHSC:2002 (2005)].
Regulation 3.126 relates to workplaces where thermal or acoustic insulating material containing asbestos is apparent. The work at the workplace involved the removal of roof sheeting. There were no allegations that the workplace had thermal or acoustic insulating material containing asbestos.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
(1) The inspector did not form such an opinion.
(2-3) The inspector issued the improvement notice requiring compliance with regulation 5.43 because of the conflicting views about the presence of asbestos between the parties at the workplace.
Regulation 5.43 requires that the presence and location of asbestos is identified at the workplace and process for identification is conducted in accordance with the Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018(2005).
If asbestos is detected and requires removal, regulation 5.45 requires the work to be done in accordance with the Code of Practice for the Safe Removal of Asbestos 2
nd
Edition [NOHSC:2002 (2005)].
Regulation 3.126 relates to workplaces where thermal or acoustic insulating material containing asbestos is apparent. The work at the workplace involved the removal of roof sheeting. There were no allegations that the workplace had thermal or acoustic insulating material containing asbestos.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.