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Regulation 12 

Duties of registered asbestos contractor for asbestos work

(1) In the case of type 2 and type 3 asbestos work, the registered asbestos contractor must—

     (a) undertake only the type of asbestos work for which they are registered by the chief inspector;

     (b) appoint an occupational health and safety representative as contemplated in section 17 of the Act; and              21

     (c) obtain a copy of an up-to-date inventory of asbestos in place from the asbestos client, prior to asbestos              work taking place.


(2) Before commencement of any asbestos work and during such work, the registered            asbestos                        contractor must ensure that—

      (a) a risk assessment is performed that includes—

          (i) identification of the hazards to which persons may be exposed;

          (ii) an assessment of the risks related to the hazards based on a documented method; and

          (iii) documented control measures to mitigate the risk;

     (b) the risk assessment contemplated in subregulation (a) is reviewed—

          (i) at regular documented intervals;

          (ii) when an incident has occurred; and

          (iii) when the scope of work changes; and

     (c) an up-to-date copy of the risk assessment is made available at the relevant asbestos work site.


(3) The registered asbestos contractor must—

     (a) ensure that the approved plan of work is submitted to the Chief Director: Provincial Operations at least              seven days prior to commencement of asbestos work;

     (b) appoint in writing an asbestos removal supervisor for each asbestos work site, who must ensure—

          (i) occupational health and safety compliance on the asbestos removal site;

          (ii) compliance with safe asbestos removal or repair procedures;

          (iii) the correct use of personal protective equipment; and

          (iv) proper decontamination and waste disposal;

    (c) adhere to the repair or removal methodology and associated control measures provided in the plan of               work approved for that specific asbestos work;

    (d) ensure that the employee medical and training records are available on site for inspection and validation;            22

    (e) ensure that at least the following information for every employee is recorded and kept for a minimum                  period of 50 years-

          (i) Physical address of every asbestos work project; and

          (ii) names and identification numbers of employees potentially exposed;

    (f) before commencement of asbestos work, ensure that—

         (i) an approved inspection authority has been appointed in writing by the asbestos client; and

         (ii) the registered asbestos contractor is registered and in good standing with the Compensation Fund or                   with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries                 and Diseases Act, 1993; and

     (g) where a fatality or permanent disabling injury occurs during asbestos work, ensure that a report about              the fatality or injury is provided to the Chief Director: Provincial Operations as contemplated in section                of the Act, and in accordance with regulations 8 and 9 of the General Administrative Regulations, 2003,                and that the report includes the measures that the contractor intends to implement to ensure safe                      asbestos work.

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