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Asbestos on-the-spot fine 263500
|Date of incident||23 October 2018|
|Incident location (suburb)||Northgate, Queensland|
The person conducting the business or undertaking (PCBU), a house painter and decorator, was engaged by the owner to paint the exterior of a domestic house. In preparation to paint, the PCBU used high pressure water spray equipment to clean the exterior wall. A section of the exterior wall had material that contained asbestos.
An investigation by Workplace Health and Safety Queensland identified that this activity generated asbestos contaminated dust and debris (ACD) on the relevant and adjoining property.
Although the event itself was a prohibited practice (using high pressure equipment on an asbestos containing material (ACM)), and is considered a serious breach in terms of the potential to expose person/s to a risk of illness, the extent to which the prohibited practice was performed caused minimal potential risk as:
|Enforcement action taken||
An improvement notice was issued to the PCBU under s484(1) of the Work Health and Safety Regulation 2011 (the WHS Regulation) to contain and remove the ACD, which was promptly complied with.
A prohibition notice was issued to the PCBU under s420 of the WHS Regulation to stop any activity that may cause the ACD to be disturbed, which was complied with.
In consideration of the circumstances and the mitigating features, it was decided that the most appropriate enforcement action was to issue an infringement notice to the PCBU under the WHS Regulation: