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Asbestos Legislation

Legislation about asbestos in each country already settle, and each country have their own regulation about using asbestos. To enforce of the compliance to the regulation, some country using many aid like OHS enforcement and safety officer.



The Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 provides for Comcare to assume and manage the common law asbestos-related conditions liabilities of the Australian Government and, with certain exceptions, its agencies and controlled companies.

Type of enforcement to comply with this regulation through several ways such as follows. There are a range of enforcement actions that may be applied by Comcare when OHS legislative obligations are not met by duty holders.

All employers, employees and other parties who have duties under the Occupational Health and Safety Act 1991 (OHS Act) are subject to the compliance, enforcement and penalty provisions of the OHS Act. The maximum penalty for criminal breaches of the OHS Act is $495,000 and $242,000 for civil breaches. Under the OHS Act both employers and employees may be liable for breaches of the Act.

Compliance with the OHS Act and its regulations is monitored and evaluated through Comcare investigations. OHS obligations are enforced through:
  • letters of statutory obligation
  • letters of warning
  • improvement notices
  • prohibition notices
  • declarations of contravention and pecuniary penalty orders
  • injunctions
  • remedial orders
  • enforceable undertakings
  • civil court proceedings, and
  • criminal court prosecutions.

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