Two-year transitional period to comply with revised blood lead levels

The exemption was granted under the Work Health and Safety Regulation 2017.

Exemption No.006/19 commenced 1 July 2019 and has effect until 30 June 2021, unless otherwise varied or cancelled.

Nature of exemption

The exemption is a class exemption made by SafeWork NSW on its own initiative and applies to a person conducting a business or undertaking at a workplace (PCBU).

The PCBU at a workplace is exempted from the following requirements in the Regulation:

  • Any requirement to take action in relation to ‘lead risk work’ under clauses 395, 402, 403, 404, 405, except as provided for at condition 1 below.
  • The requirement to arrange for biological monitoring of a worker under clause 407(1) and 407(2), except as provided for at condition 2 below.
  • The requirement to remove a worker from lead risk work under clause 415(1)(a), except as provided for at condition 3 below.
  • The requirement to ensure that a worker does not return to carrying out lead risk work  under clause 417(3)(a), except as provided for by condition 4 below.

Definitions

In the exemption:

  • Act means the Work Health and Safety Act 2011.
  • Regulation means the Work Health and Safety Regulation 2017.
  • Words used in the exemption have the same meaning as the Act and Regulation.

Schedule 1

The exemption is subject to the following conditions:

  1. The PCBU at a workplace is required to comply with any requirement to take action in relation to ‘lead risk work’ (including under clauses 395, 402, 403, 404, 405), as if ‘lead risk work’ means work carried out in a lead process that is likely to cause the blood lead level of a worker carrying out the work to exceed:
    1. for a female of reproductive capacity—10μg/dL (0.48μmol/L), or
    2. in any other case—30μg/dL (1.45μmol/L).
  2. The PCBU at a workplace must arrange for biological monitoring of each worker who carries out lead risk work for the person to be carried out at the following times:
    1. for females not of reproductive capacity and males:
      1. if the last monitoring shows a blood lead level of less than 30μg/dL (1.45μmol/L)—6 months after the last biological monitoring of the worker, or
      2. if the last monitoring shows a blood lead level of 30μg/dL (1.45μmol/L) or more but less than 40μg/dL (1.93μmol/L)—3 months after the last biological monitoring of the worker, or
      3. if the last monitoring shows a blood lead level of 40μg/dL (1.93μmol/L) or more—6 weeks after the last biological monitoring of the worker,
    2. for females of reproductive capacity:
      1. if the last monitoring shows a blood lead level of less than 10μg/dL (0.48μmol/L)—3 months after the last biological monitoring of the worker, or
      2. if the last monitoring shows a blood lead level of 10μg/dL (0.48μmol/L) or more—6 weeks after the last biological monitoring of the worker.
  3. The PCBU at a workplace for which a worker is carrying out work must immediately remove the worker from carrying out lead risk work if following health monitoring:
    1. biological monitoring of the worker shows that the worker’s blood lead level is, or is more than:
      1. for females not of reproductive capacity and males—50μg/dL (2.42μmol/L), or
      2. for females of reproductive capacity—20μg/dL (0.97μmol/L), or
      3. for females who are pregnant or breastfeeding—15μg/dL (0.72μmol/L).
  4. The PCBU at a workplace must ensure that the worker does not return to carrying out lead risk work until
    1. the worker’s blood lead level is less than:
      1. for females not of reproductive capacity and males—40μg/dL (1.93μmol/L), or
      2. for females of reproductive capacity—10μg/dL (0.48μmol/L).

Gazettal

Published in Government Gazette of the State of New South Wales, number 67, Friday 28 June 2019.

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