Reply To: Electronic Air Monitoring Report

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    L143 para 435 states a [separate] clearance certificate is ‘obtained’ for the DCU – but this is listed under ‘is helped by’. However of note is that ‘obtained’ does not differentiate between electronic or hard copy.

    L143 para 460 states ‘… A separate clearance certificate should be issued for the hygiene facility. This certificate should be issued to the licensed contractor upon completion of the test and should be kept with the facility.’; and

    L143 para 524 says the DCU should not leave site until a certificate is issued.

    This implies that providing the certificate to the LARC is the analysts role and keeping it with the DCU is the LARC’s role. Again no requirement for this to be a hard copy but see my comment below in regard to ‘kept with the DCU’.

    L143 para 463 has the heading ‘Duties of those issuing clearance certificates’ and continues

    The person who issues the site clearance certificate for reoccupation or the clearance certificate for the hygiene facility does not have direct duties under the Regulations. However, people issuing these certificates should follow this guidance to comply with their duty under section 3 of the HSW Act to protect the health of people other than their employees. They should also consider the provision in section 36 of the HSW Act, which may apply if the work they do leads to others who do have duties under the Regulations to fail in those duties.’

    So there is no explicit duty placed on the analyst (under CAR2012) and the provision of the certificate in electronic form appears to comply with both the ACoP and guidance.

    The grey area appears to be whether an electronic version is deemed to be ‘kept with the DCU’ which in my opinion it would – the LARC can retain and send the certificate to any interested party or, in the case of rental, to the rental company. In any event this would be for the LARC to determine.

    All in my opinion.