| (1) |
The following provisions apply if uncertainty exists with regard to, or if a dispute arises concerning, the classification of type 1, 2 or 3 asbestos work under this regulation— |
| (a) |
The employer responsible for the work area where asbestos work is to be carried out must obtain the services of an approved inspection authority that must make a decision concerning the type of asbestos work; or |
| (b) |
the employer or self-employed person responsible for the work area where asbestos work is to be carried out must refer the dispute to the chief inspector, who must make a decision concerning the type of asbestos work; |
| (c) |
the employer or self-employed person responsible for the work area, who notifies the approved inspection authority or chief inspector, must promptly inform other parties that such authority or inspector has been notified; |
| (d) |
the approved inspection authority or chief inspector must investigate the matter and give the parties a decision in writing within 30 days; and |
(e) the asbestos work under dispute must cease until a decision under subregulation (2) is obtained.
| (2) |
Should a dispute arise over the interpretation relating to matters in subregulation (1)(a), the affected person may appeal against the interpretation to the chief inspector. |
Medicines and Related Substances Act, 1965
