Material containing Chromium (III) compounds at no more than 0.8% used for abrasive blasting

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

Exemption No. 001/20 commenced 26 February 2020 and has effect until 26 February 2025, unless otherwise varied or cancelled.

Nature of exemption

The Exemption is a class exemption made by SafeWork NSW on its own initiative following an application from SLN Australia Pty Ltd.

The Exemption applies to a Ferro-Nickle slag PCBU.

Subject to the conditions contained in Schedule 1, a Ferro-Nickle slag PCBU is exempted from the requirement in clause 382(1) and Item 8, Table 10.3, Schedule 10 of the Regulation, that a person conducting a business or undertaking at a workplace must not use, handle or store, or direct or allow a worker at the workplace to use, handle or store, Ferro-Nickle slag containing chromium (III) compounds for abrasive blasting at a concentration of greater than 0.5% (except as specified for wet blasting) as chromium.

Definitions

In the Exemption:

  • Act means the Work Health and Safety Act 2011.
  • Ferro-Nickel slag means material containing chromium (III) compounds at no more than 0.8% used for abrasive blasting.
  • Ferro-Nickel slag PCBU means a person controlling a business or undertaking that uses, handles or stores, or directs or allows a worker at the workplace to use, handle or store Ferro-Nickel slag.
  • 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. Ferro-Nickel slag PCBU's must ensure Ferro-Nickle slag containing chromium (III) compounds for abrasive blasting contain no more than 0.8% chromium (III) and no other chromium compounds.
  2. Ferro-Nickel slag PCBU's to which the exemption applies must ensure health monitoring is provided to a worker carrying out work for the business or undertaking in accordance with clause 368 of Regulation 2017 as if there was a significant risk to the worker's health because of exposure to Ferro-Nickle slag containing chromium (III) compounds at a concentration of greater than 0.5% chromium under clause 368(a) or a significant risk that the worker will be exposed under clause 368(b).
  3. A Ferro-Nickel slag PCBU that is a manufacturer or importer of Ferro-nickel slag materials must determine and classify the hazardous chemicals present in the slag in accordance with clause 329 of the Regulation and prepare and provide safety data sheets (SDS) for the Ferro-Nickel slag materials in accordance with clause 330 of the Regulation. A copy of the exemption must be included as an attachment to the SDS. The SDS must include information in relation to:
    1. the steps that will be taken to monitor the health of workers as required by condition 2 to the Exemption.
    2. the waste disposal methods that must be used. These waste disposal methods must comply with all regulatory requirements of New South Wales including requirements relating to environmental hazards and waste disposal protocols that are required to be followed.
  4. A Ferro-Nickel slag PCBU that is a manufacturer or importer of Ferro nickel slag materials must ensure the Ferro-Nickel slag materials are correctly labelled in accordance with clause 335 of the Regulation. The label must include information in relation to the steps that will be taken to monitor the health of workers as required by condition 2 to the Exemption.
  5. Ferro-Nickel slag PCBU's to which the exemption applies must comply with all other requirements imposed by the Regulation.
  6. Ferro-Nickel slag PCBU's must ensure that abrasive blasting is conducted in an enclosed area so far as is reasonably practicable.
  7. Ferro-Nickel slag PCBU's must comply with all requirements of the Code of Practice on Abrasive blasting approved under section 274 of the Act.
  8. Ferro-Nickel PCBU's must ensure that workers wear Powered Air Purifying Respirators (PAPR) while using the Ferro-Nickel slag as abrasive blasting material. For further information see: AS/NZS 1716-2012: Respiratory protective devices and AS/NZS 1715-2009: Selection, use and maintenance of respiratory protective equipment

Published in Government Gazette of the State of New South Wales, number 44, Friday 6 March 2020 (page 820).

Back to top