Occupational Health and Safety Amendment Regulations 2018 (Vic)
Occupational Health and Safety Amendment Regulations 2018
S.R. No. 71/2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Principal Regulations
4Definitions
5Records and information
6Application of Subdivision
7Lead exposure standard
8What is lead-risk work?
9Frequency of biological monitoring
10Removal from lead-risk work
11Medical examination if removed from lead-risk work
12Return after medical removal
13Requirements at end of removal work
14Schedule 3 amended
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Endnotes
STATUTORY RULES 2018
S.R. No. 71/2018
Occupational Health and Safety Act 2004
Occupational Health and Safety Amendment Regulations 2018
The Governor in Council makes the following Regulations:
Dated: 5 June 2018
Responsible Minister:
ROBIN SCOTT
Minister for FinanceANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2017—
(a)to address some technical errors and inconsistencies; and
(b)to reduce the mandatory blood lead levels and associated workplace exposure standard.
2Authorising provision
These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.
3Principal Regulations
In these Regulations, the Occupational Health and Safety Regulations 2017[1] are called the Principal Regulations.
4Definitions
In regulation 5 of the Principal Regulations—
(a)in the definition of lead exposure standard, for "regulation 186(1)" substitute "regulation 186";
(b)in the definition of notice of assessment (satisfactory), for "regulation 6(f)" substitute "regulation 6";
(c)in the definition of vehicle loading crane omit "and that has a capacity of 10 metre tonnes or more".
5Records and information
In regulation 83(1) of the Principal Regulations, for "A designer of plant that is required to be registered under Part 6.2 (Registration) must record—" substitute "If the design of plant is required to be registered under Part 6.2 (Registration), the designer of that plant must record—".
6Application of Subdivision
In regulation 154(3) of the Principal Regulations, for "161 and 163" substitute "160 and 162".
7Lead exposure standard
(1)In regulation 186(1) of the Principal Regulations, for "An employer" substitute "Subject to subregulation (1A), an employer".
(2)After regulation 186(1) of the Principal Regulations insert—
"(1A)On and from the date that is the 2-year anniversary of the commencement of the Occupational Health and Safety Amendment Regulations 2018, an employer must ensure that an employee is not exposed to an airborne concentration of lead dust, lead mist or lead fumes in the employee's breathing zone at a workplace that exceeds 0·05 milligrams per cubic metre calculated as a time weighted average of the atmospheric concentration of lead over an 8‑hour working day and a 40-hour working week.
Note
Act compliance—section 21 (see regulation 7).".
8What is lead-risk work?
For regulation 193 of the Principal Regulations substitute—
"193 What is lead-risk work?
(1)Subject to subregulation (2), in this Part, lead-risk work means work performed in a lead process that is reasonably likely to cause the blood lead level of the employee to exceed—
(a)for a woman of reproductive capacity, 0·48 micromoles/litre
(10 micrograms/decilitre); or
(b)in any other case, 1·45 micromoles/litre (30 micrograms/decilitre).
(2)On and from the date that is the 2-year anniversary of the commencement of the Occupational Health and Safety Amendment Regulations 2018, in this Part, lead-risk work means work performed in a lead process that is reasonably likely to cause the blood lead level of the employee to exceed—
(a)for a woman of reproductive capacity, 0·24 micromoles/litre (5 micrograms/decilitre); or
(b)in any other case, 0·97 micromoles/litre (20 micrograms/decilitre).".
9Frequency of biological monitoring
(1)In regulation 198(1) of the Principal Regulations, for "An employer" substitute "Subject to subregulation (1A), an employer".
(2)After regulation 198(1) of the Principal Regulations insert—
"(1A)On and from the date that is the 2-year anniversary of the commencement of the Occupational Health and Safety Amendment Regulations 2018, an employer must arrange for biological monitoring of all employees engaged in lead-risk work at the following intervals—
(a)for a woman not of reproductive capacity or a man—
(i)6 months after the last biological monitoring if the result of the last monitoring shows a blood lead level of less than 0·48 micromoles/litre (10 micrograms/decilitre); or
(ii)3 months after the last biological monitoring if the result of the last monitoring shows a blood lead level of 0·48 micromoles/litre (10 micrograms/decilitre) or more but less than 0·97 micromoles/litre (20 micrograms/decilitre); or
(iii)6 weeks after the last biological monitoring if the result of the last monitoring shows a blood lead level of 0·97 micromoles/litre (20 micrograms/decilitre) or more;
(b)for a woman of reproductive capacity—
(i)3 months after the last biological monitoring if the result of the last monitoring shows a blood lead level of less than 0·24 micromoles/litre (5 micrograms/decilitre); or
(ii)6 weeks after the last biological monitoring if the result of the last monitoring shows a blood lead level of 0·24 micromoles/litre (5 micrograms/decilitre) or more but less than 0·48 micromoles/litre (10 micrograms/decilitre).
Notes
1 Act compliance—section 22(1) (see regulation 7).
2 See regulation 181.".
(3)In regulation 198(4) of the Principal Regulations, for "subregulation (1)" substitute "subregulation (1) or (1A)".
10Removal from lead-risk work
(1)In regulation 199(1) of the Principal Regulations, for "An employer" substitute "Subject to subregulation (1A), an employer".
(2)After regulation 199(1) of the Principal Regulations insert—
"(1A)On and from the date that is the 2-year anniversary of the commencement of the Occupational Health and Safety Amendment Regulations 2018, an employer must immediately remove an employee from lead‑risk work if—
(a)the results of biological monitoring reveal that the blood lead level of the employee is at or exceeding—
(i)for a woman not of reproductive capacity or a man, 1·45 micromoles/litre (30 micrograms/decilitre); or
(ii)for a woman of reproductive capacity, 0·48 micromoles/litre (10 micrograms/decilitre); or
(b)following a medical examination by a registered medical practitioner, the practitioner is of the opinion that the employee must be removed from the work; or
(c)there is an indication that risk control measures have failed and, as a result, it is likely that the blood lead level of the employee will reach or exceed the levels set out in paragraph (a).
Note
Act compliance—section 21 (see regulation 7).".
11Medical examination if removed from lead-risk work
(1)In regulation 200(1) of the Principal Regulations, after "regulation 199(1)(a) or (c)" insert ", or regulation 199(1A)(a) or (c)".
(2)In regulation 200(2) of the Principal Regulations, for "If" substitute "Subject to subregulation (3), if".
(3)After regulation 200(2) of the Principal Regulations insert—
"(3)On and from the date that is the 2-year anniversary of the commencement of the Occupational Health and Safety Amendment Regulations 2018, if a medical examination of an employee removed under regulation 199(1)(c) or (1A)(c) reveals that the blood lead level of the employee is below the relevant level set out in regulation 199(1A)(a), and the medical practitioner agrees, the employer may allow the employee to return to the lead-risk work.".
12Return after medical removal
(1)In regulation 201(1) of the Principal Regulations, after "regulation 199(1)(a) or (b)" insert ", or regulation 199(1A)(a) or (b)".
(2)In regulation 201(3) of the Principal Regulations, for "The employer" substitute "Subject to subregulation (3A), the employer".
(3)After regulation 201(3) of the Principal Regulations insert—
"(3A)On and from the date that is the 2-year anniversary of the commencement of the Occupational Health and Safety Amendment Regulations 2018, the employer must ensure that the employee does not return to lead-risk work until—
(a)the employee's blood lead level is less than—
(i)for a woman not of reproductive capacity or a man, 0·97 micromoles/litre (20 micrograms/decilitre); or
(ii)for a woman of reproductive capacity, 0·24 micromoles/litre (5 micrograms/decilitre); and
(b)a registered medical practitioner certifies that the employee is fit to return to the lead-risk work.
Note
Act compliance—section 21 (see regulation 7).".
13Requirements at end of removal work
After regulation 294(1) of the Principal Regulations insert—
"(1A)Despite subregulation (1), a visual inspection by an independent person is not required if the asbestos removal work consisted only of the removal of non-friable asbestos‑containing material not exceeding 10 square metres in total.".
14Schedule 3 amended
In Schedule 3 to the Principal Regulations—
(a)in clause 13, after "of vehicle loading cranes" insert "that have a capacity of 10 metre tonnes or more";
(b)in clause 15(d), after "vehicle loading cranes" insert "that have a capacity of 10 metre tonnes or more";
(c)in clause 16(d), after "vehicle loading cranes" insert "that have a capacity of 10 metre tonnes or more";
(d)in clause 17(d), after "vehicle loading cranes" insert "that have a capacity of 10 metre tonnes or more";
(e)in clause 18(d), after "vehicle loading cranes" insert "that have a capacity of 10 metre tonnes or more".
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Endnotes
[1] Reg. 3: S.R. No. 22/2017.
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