Specific duties for working with engineered stone

Specific duties for working with engineered stone

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3.1. Workplace exposure standard for respirable crystalline silica

  • WHS Regulation clause 49 - Ensuring exposure standards for substances and mixtures not exceeded

An exposure standard represents the airborne concentration of a particular substance or mixture that must not be exceeded. It does not represent a line between a ‘safe’ and ‘unsafe’ concentration of an airborne substance or mixture. The exposure standard does not eliminate risk of disease and some people might experience adverse health effects below the exposure standard.

A PCBU at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture. The duty to ensure the workplace exposure standard is not exceeded is absolute and not qualified by ‘so far as is reasonably practicable’.

This means that a PCBU must ensure that no person at the workplace is exposed to a hazardous chemical, such as crystalline silica, at a concentration above the workplace exposure standard.

The workplace exposure standard for respirable crystalline silica is an eight hour time weighted average (TWA) of 0.05 milligrams per cubic metre (mg/m3).

Adjustment of exposure standards for extended work shifts

A TWA is based on exposure that happens over an eight hour working day followed by 16 hours of no exposure, over a five day working week.

To comply with the WHS Regulation, it may be necessary for the PCBU to adjust the TWA to compensate for greater exposure during longer work shifts and decreased time between shifts. Situations where the TWA may need to be adjusted include where workers have:

  • a working day longer than eight hours
    • for example, a worker’s daily hours are 7 am to 5 pm with a one hour lunch break Monday to Friday
  • a working week longer than 40 hours
    • for example, a worker’s weekly hours are 8 am to 3 pm Monday and Tuesday and 7 am to 6 pm Wednesday to Thursday with a one hour lunch break, or
  • work shift rotations in excess of either eight hours a day or 40 hours a week.

A competent person, such as a certified occupational hygienist, should be engaged to adjust the workplace exposure standard to account for shift variations or longer working weeks.

The workplace exposure standard must not be adjusted upwards, even for shifts less than eight hours.

More information can be found in the Guidance on interpretation of Workplace exposure standards for airborne contaminants on Safe Work Australia’s website.

3.2. Air monitoring

  • WHS Regulation clause 50 - Monitoring airborne contaminant levels

A PCBU must ensure that air monitoring is carried out to determine the airborne concentration of silica dust in a worker’s breathing zone, if necessary, to determine:

  • whether there is a risk to a worker’s health, or
  • if the PCBU is not certain whether silica dust levels exceed the workplace exposure standard.

Air monitoring can also be used to:

  • check the effectiveness of control measures, including any new control measures
  • inform workers of their pattern of exposure
  • determine the right level of respiratory protection, and
  • inform health monitoring requirements.

Air monitoring does not prevent disease and is not an alternative to implementing effective control measures.

A PCBU should ensure air monitoring is conducted by an independent, competent person. For example, a certified occupational hygienist or a person with recognised equivalent competency under an international certification scheme.

Air monitoring to determine a worker’s exposure involves measuring the level of silica dust in the breathing zone of workers using a personal sampler during their usual shift activities, including routine breaks. Figure 2 shows an approximation of a worker’s breathing zone.

Figure 2: Animation of worker’s breathing zone.

Figure 2: Worker’s breathing zone.

When air monitoring is recommended

When commencing work with engineered stone, a PCBU should undertake baseline air monitoring to ensure that silica dust levels do not exceed the workplace exposure standard and that any risks to workers’ health are minimised. Air monitoring should be repeated to ensure the air monitoring results are accurate and representative of the work being undertaken.

After a baseline is established, air monitoring should be undertaken:

  • at least every 12 months, or
  • in response to the triggers outlined below.

Examples of triggers for undertaking additional air monitoring include:

  • changes to work practices (for example, new equipment being commissioned), production, processes (for example, redesign of a work process), procedures or control measures which may reasonably be expected to result in new or additional exposure risks
  • a health monitoring report indicating an adverse result in circumstances where the baseline or previous monitoring reports for that worker did not indicate any abnormality
  • a HSR requests a review of control measures
  • the results of worker consultation indicate monitoring is required
    • for example, when a worker or their representative’s concern is confirmed, or
  • lowering of the workplace exposure standard where previous air monitoring results indicate levels above the new workplace exposure standard.

There are certain roles that are likely to have a high exposure to silica dust. These include (but are not limited to):

  • shapers
  • saw operators
  • finishers
  • machine operators
  • polishers, and
  • labourers/ supervisors.

Air monitoring report

An air monitoring report is prepared by a competent person, such as a certified occupational hygienist and should include:

  • the background and purpose of the air monitoring including the current workplace exposure standard for silica dust
  • the task to be measured including work patterns and hazards involved with this task
  • the control measures in place and their performance
  • what sampling and measurements were taken (long and short-term) including information on the calibration of the sampling equipment
  • specifics of how sampling was taken
  • how and where the samples were analysed including information on the calibration of the analysis equipment
  • details of the persons, or similarly exposed groups sampled
  • any similar exposure groups that may potentially be exposed but were not sampled
  • an interpretation of the results including:
    • sources of exposure
    • adequacy of current control measures
    • an assessment of risk including identification of tasks not measured that are likely to be an exposure source and any workers that could be exposed but were not measured, and
    • compliance with WHS laws
  • recommendations, for example:
    • a dust control action plan
    • changing control measures and work practices
    • increased worker training
    • health monitoring, and
    • further air monitoring.

The air monitoring report should be made available to a WHS inspector on request and to a registered medical practitioner carrying out or supervising health monitoring.

Additionally, a PCBU must ensure that the results of air monitoring carried out are:

  • recorded in writing or electronically
  • kept for 30 years after the date the record is made, and
  • readily accessible to workers who may be exposed to silica dust and their representatives.

Static air monitoring

Static or fixed position monitoring may be undertaken at fixed workplaces, such as fabrication workshops, to determine general background levels of respirable crystalline silica outside of a worker’s breathing zone.

Static monitoring involves taking samples of air from fixed locations outside the area where the engineered stone is being processed.

Static monitoring can help in determining the design of risk controls or the effectiveness of existing risk controls, however it should not be used as an indicator of actual worker exposure to respirable crystalline silica.

3.3. Health monitoring

  • WHS Regulation Part 7.1 Division 6 - Health monitoring

Health monitoring is the monitoring of a person’s health to identify changes in their health status as a result of exposure to certain substances. Health monitoring is important for workers who work with engineered stone because exposure to crystalline silica through silica dust poses a significant risk to their health.

Health monitoring for workers exposed to crystalline silica primarily involves screening the changes in a worker’s body that may indicate the development of silica related-injury, illness or disease. Health monitoring is necessary to:

  • detect the early signs of adverse health effects
  • help identify control measures that are not working effectively, and
  • assist in protecting workers from the risk of exposure to silica dust.

More information about what ‘significant risk’ means can be found in the Health monitoring for persons conducting a business or undertaking guide on Safe Work Australia’s website.

When to provide health monitoring

A PCBU must organise and pay for health monitoring if there is a significant risk to the health of their workers because of exposure to silica dust at the workplace.

This means that a PCBU must provide and pay for health monitoring for all workers involved in fabrication and installation of engineered stone. Examples of workers that the PCBU should provide health monitoring for include:

  • shapers
  • machine operators including saw operators
  • finishers
  • polishers, and
  • labourers and supervisors involved in the fabrication or installation of engineered stone.

A PCBU should also consider providing health monitoring to other workers who might be exposed to silica dust from these processes. This includes workers who are exposed to dust while cleaning work areas or equipment, maintenance workers, salespeople, or those who perform administrative work in the vicinity of fabrication and installation.

A PCBU should provide health monitoring before a worker starts work to establish a baseline from which changes can be detected (unless the worker has participated in health monitoring within the previous two years and the results of the tests are available). From the initial health monitoring date, a worker’s health should then be monitored at least annually.

At the end of a worker’s time working with engineered stone, for example, before retirement or before the worker’s duties change permanently, a final medical examination should be carried out by the registered medical practitioner carrying out or supervising the health monitoring.

As workers may work for multiple PCBUs it is important to consider when they last participated in workplace health monitoring and consult with a registered medical practitioner to avoid them having excessive radiation.

Participation in health monitoring

Some workers may be reluctant to participate in health monitoring. This may be due to anxiety about the testing and medical results or the impact the results may have on their job, or both.

Under the WHS Regulation, a PCBU has a duty to provide health monitoring to workers where they conduct ongoing work at a workplace generating silica dust and there is a significant risk to their health because of exposure to silica dust. If a worker refuses to participate in health monitoring, a PCBU should first try the steps outlined below. If the worker still refuses health monitoring, a PCBU may take action to meet their duties under the WHS laws by removing the worker from the task or role that involves exposure to silica dust.

When considering the removal of a worker from the task or role, the PCBU should seek appropriate advice to ensure any action taken is consistent with other workplace laws.

A PCBU should encourage workers to participate and provide them with information and training on the purpose of health monitoring. Early detection of health effects can lead to an early diagnosis or treatment and prevent more serious and life-threatening conditions from developing.

Supporting a worker in these circumstances can be achieved by:

  • ensuring they know how health monitoring will benefit them
  • making the process easy for them to follow
  • providing interpreters for workers where English is not their first language, and
  • reminding them that their workplace, family and community want them to be as safe and healthy as possible.

Conversations with workers about their individual health monitoring should be held privately to maintain confidentiality.

A PCBU must also consult with their HSRs about health monitoring. They may also assist in this process and encourage workers to participate in health monitoring.

Providing a health monitoring program

When providing health monitoring, a PCBU must:

  • give information to workers prior to the commencement of work and to prospective workers about health monitoring requirements
    • ensuring that this information is understandable by the worker, for example, consider literacy needs and cultural or linguistically diverse backgrounds
  • ensure health monitoring is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring
  • consult workers about the selection of the registered medical practitioner
  • pay all expenses relating to health monitoring including time to attend appointments, tests and appointment fees
  • provide information about a worker to the registered medical practitioner as specified in the WHS Regulation
  • take all reasonable steps to obtain a report from the registered medical practitioner as soon as practicable after health monitoring has been carried out
  • provide a copy of the report to the worker and to all other PCBUs who have a duty to provide health monitoring for that worker, for example, where labour hire is used
  • provide the WHS regulator with a copy of the report if it contains adverse test results or recommendations that remedial measures should be taken
  • keep reports as confidential records for at least 30 years after the record is made, and
  • not disclose the report to anyone without the worker’s written consent unless required or permitted by law, for example, WHS laws.

Requirements for health monitoring

Under WHS laws, the minimum requirements for health monitoring for crystalline silica through exposure to silica dust are:

  • collection of demographic, medical and occupational history
  • records of personal exposure
  • standardised respiratory questionnaire
  • standardised respiratory function tests, for example, FEV1 (forced expiratory volume in one second), FVC (forced vital capacity) and FEV1/FVC (respiratory ratio, or Tiffeneau index), and
  • chest X-Ray full posterior-anterior (PA) view.

All full-size PA chest X-rays should be taken in a specialist radiology practice or hospital department. The X-rays should be read by a radiologist who meets the reporting requirements and competencies of the Royal Australian and New Zealand College of Radiologists or is qualified as a ‘B reader’. A B reader is a radiologist who has undertaken specialised training to detect dust lung diseases such as silicosis, coal workers pneumoconiosis, mixed dust pneumoconiosis and progressive massive fibrosis (PMF).

High-resolution computed tomography (HRCT) is more sensitive and effective than X-rays in the early detection of silicosis. A low dose HRCT scan of the chest (non-contrast) may be used by the registered medical practitioner supervising or carrying out the health monitoring, depending on the worker’s history and levels of silica exposure. Given the high risks posed by working with engineered stone, low dose HRCT may be used instead of, or as an adjunct to, X-ray. Alternative imaging methods are being developed and may also be considered.

More information on health monitoring workers for exposure to crystalline silica can be found in the Health monitoring guide – crystalline silica on Safe Work Australia’s website.

Selecting a suitable registered medical practitioner to carry out or supervise health monitoring

A registered medical practitioner with experience in health monitoring must undertake or supervise the health monitoring. The Royal Australasian College of Physicians website has a list of suitable practitioners. However, a PCBU may decide other doctors may have the necessary experience required to carry out or supervise health monitoring for their workers. A PCBU must consult their workers when selecting a registered medical practitioner and their preference should be considered if they request a particular doctor.

The following information must be supplied by the PCBU to the registered medical practitioner carrying out or supervising the health monitoring:

  • the name and address of the PCBU
  • the name and date of birth of the worker
  • a description of any of the worker’s tasks that relate to exposure to silica dust, and
  • if the worker has started that work, how long the worker has been carrying out that work.

A PCBU should also provide the registered medical practitioner with any available air monitoring reports and risk assessments to assist them with carrying out health monitoring.

Health monitoring report

A PCBU must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the health monitoring. The health monitoring report should only contain information relating to the health monitoring that was commissioned by the PCBU.

The health monitoring report must include:

  • the name and date of birth of the worker
  • the name and registration number of the registered medical practitioner
  • the name and address of the PCBU who commissioned the health monitoring
  • the date of the health monitoring
  • any test results that indicate whether the worker has been exposed to silica dust
  • any advice that test results indicate that the worker may have contracted an injury, illness or disease as a result of carrying out the work with engineered stone
  • any recommendation that the PCBU takes remedial measures, including whether the worker can continue to carry out the work with engineered stone, and
  • whether medical counselling is required for the worker.

After a PCBU has received the health monitoring report from the registered medical practitioner, they should act on the results, recommendations and advice contained in it.

After receiving the report, a PCBU must provide copies as soon as practicable to:

  • the worker, even if they have left employment at the workplace
  • all other PCBUs who have a duty to provide health monitoring for the worker
    • for example, where labour hire is used, and
  • the WHS regulator, if the report contains:
    • any advice that test results indicate the worker may have contracted an injury, illness or disease as a result of carrying out the work using, handling, generating or storing engineered stone, or
    • any recommendation that a PCBU takes remedial measures, including whether the worker can continue to carry out the work with engineered stone.

Workers should provide their personal general practitioner (GP) with a copy of the health monitoring report and retain a personal copy along with any exposure history, particularly when the worker moves to other employment. This will assist a registered medical practitioner carrying out or supervising any further health monitoring to compare any previous results with new test and examination results.

The health monitoring report must not be disclosed to any person without the worker’s written consent, unless disclosure is required under the WHS laws.

The control measures at the workplace must be reviewed and revised (if necessary) if the report indicates that a worker is experiencing adverse health effects or signs of illness as a result of exposure to silica dust.

A PCBU must ensure that health monitoring reports for a worker are:

  • kept as a confidential record
  • identified as a record for that worker, and
  • retained for at least 30 years after the record is made.

Treatment programs for adverse health effects should only be discussed between the worker and the registered medical practitioner and should not be included in the health monitoring report that is provided to the PCBU. If the health monitoring report includes health information other than what is required to fulfil the duties, or for which consent has not been given by the worker, the PCBU should return the report to the registered medical practitioner, informing them of the error.

More information about health monitoring reports can be found in the Health monitoring for PCBUs guide on Safe Work Australia’s website.