Company fined for not having chemical register and asbestos register on site

Company fined for not having chemical register and asbestos register on site

A Roadhouse and Caravan Park in Emerald has been fined in the Emerald Magistrates Court for breaching sections 346(1) and 425(1) of the Work Health and Safety Regulation 2011 (WHS regulations). The fines were related to failing to have a prescribed hazardous chemicals register and an asbestos register in place.

On 4 August 2022, Workplace Health and Safety Queensland (‘WHSQ’) inspectors attended the site and observed various chemicals in the workplace, including bulk diesel, fuel and LPG.

They requested to view the hazardous chemical register but were informed by the sole director of the business he was unsure if such a register existed.

Section 346 of the WHS Regulations prescribes a person conducting a business or undertaking (PCBU) must ensure that a register of hazardous chemicals is kept at the workplace and updated to ensure the information is current.

Following the issuing of an Infringement Notice, the director prepared a hazardous chemicals register, which was presented to WHSQ on 15 September 2022.

At the original inspection, the WHSQ inspectors considered it likely that the buildings were constructed in the 1970s and, therefore, may have contained asbestos.

They asked the director if he had an asbestos register at the worksite. After several weeks, he contacted the inspectors and confirmed that no asbestos register existed.

Section 425 of the WHS Regulations prescribes a PCBU must have an asbestos register in place at the workplace.

Following the issuing of an Infringement Notice, the director prepared an asbestos register, which was presented to WHSQ on 28 October 2022.

In evidence before Magistrate Cameron McKenzie, the company director acknowledged that he had made a mistake and pleaded that he had not carried out due diligence on the business which he had purchased several years earlier.

In imposing a fine of $5,760, Magistrate McKenzie noted the defendant’s early guilty plea.

A conviction was recorded.

Central Queensland Roadhouse fined for WHS Regulation breaches | owhsp

For queries about safety, registers, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 WAL LAW or via email to dean.cameron@workforceadvisory.com.au

Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.

Ref: 417.0324

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