(1) A person
conducting a business or undertaking at, or a person with management or
control of, a workplace must ensure that a power tool is not used for cutting,
grinding or abrasive polishing of engineered stone at the workplace unless the
use is controlled.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(2) For the purposes
of subregulation (1), the use of a power tool is controlled
if —
(a) it
is used with —
(i)
an integrated water delivery system that supplies a
continuous feed of water; or
(ii)
a commercially available on tool extraction system
connected to a Dust Class H Vacuum or other suitable system that captures the
dust generated; or
(iii)
if subparagraphs (i) and (ii) are not
reasonably practicable, local exhaust ventilation;
and
(b) the
person who is cutting, grinding or undertaking abrasive polishing of
engineered stone is provided with respiratory protective equipment.
(3) For the purposes
of subregulation (2)(b), respiratory protective equipment is personal
protective equipment that —
(a) is
designed to protect the wearer from the inhalation of airborne contaminants
entering the nose, mouth and lungs; and
(b)
complies with AS/NZS 1716:2012 (Respiratory protective devices).
(4) A person
conducting a business or undertaking at, or a person with management or
control of, a workplace must ensure that any controls used in accordance with
subregulation (2) are properly designed, installed, used and maintained
so that the controls are effective in reducing exposure to airborne
crystalline silica dust generated as a result of the cutting, grinding or
abrasive polishing of engineered stone.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.