In addition to the
circumstances in regulation 38, a person conducting a business or
undertaking at a workplace must ensure that any measures implemented to
control risks in relation to a hazardous chemical at the workplace are
reviewed and as necessary revised in any of the following
circumstances —
(a)
following any change to the safety data sheet for the hazardous chemical or
the register of hazardous chemicals;
(b) if
the person obtains a health monitoring report for a worker under
Division 6 that contains —
(i)
test results that indicate that the worker has been
exposed to the hazardous chemical and has an elevated level of metabolites in
the person’s body for that hazardous chemical; or
(ii)
any advice that test results indicate that the worker may
have contracted a disease, injury or illness as a result of carrying out the
work using, handling, generating or storing the hazardous chemical that
triggered the requirement for health monitoring; or
(iii)
any recommendation that the person conducting the
business or undertaking take remedial measures, including whether the worker
can continue to carry out the work using, handling, generating or storing the
hazardous chemical that triggered the requirement for health monitoring;
(c) if
monitoring carried out under regulation 50 determines that the airborne
concentration of the hazardous chemical at the workplace exceeds the relevant
exposure standard;
(d) at
least once every 5 years.
Penalty:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.