Preliminary

The person must keep the record available for inspection under the Act.

Not used Note for this regulation: Part 3.2 Division 1 also applies to a person conducting a business or undertaking involving the processing of a CSS. [Regulation 529CD inserted: SL 2024/139 r. 17.]

A person conducting a business or undertaking that is carrying out, or directing or allowing a worker to carry out, the processing of a CSS that is high risk must — (a) undertake air monitoring for respirable crystalline silica in accordance with regulation 50; and (b) provide air monitoring results to the regulator, in a…

The person must ensure that a record is kept of the training undertaken by the worker — (a) while the worker is carrying out the processing of a CSS that is high risk; and (b) for 5 years after the day the worker ceases working for the person.

In assessing whether the processing of a CSS is high risk, the person must have regard to the following — (a) the specific processing that will be undertaken; (b) the form or forms of crystalline silica present in the CSS; (c) the proportion of crystalline silica contained in the CSS, determined as a weight/weight (w/w)…

In assessing whether the processing of a CSS is high risk, the person must not — (a) rely on the control measures implemented under regulation 529B(1)(b); and (b) have regard to the use of personal protective equipment and administrative controls used to control the risks associated with respirable crystalline silica.

The person must ensure that a risk assessment conducted under subregulation (1) is recorded in writing.

If a person conducting a business or undertaking is unable to determine whether the processing of a CSS carried out at the workplace is high risk, the processing is taken to be high risk until the person determines that the processing is not high risk.