UPDATE: Changes to Lead Regulations

Lead is a naturally occurring metal used in industry.  In the past lead was added to petrol and paints. As it can be hazardous when inhaled or swallowed its use falls under the OHS/WHS regulations. Last year SafeWork Australia lowered the blood lead levels in Australian workplaces and this has now filtered through to changes in regulations in individual states as well.

The health effects from exposure to lead can depend on a person’s age, (female) reproductive capacity, exposure level and duration and other health conditions. Once lead enters the body it circulates in the blood and can be stored in the bones and teeth potentially causing long term health issues. 

The American College of Occupational and Environmental Medicine (ACOEM) report that any exposure causing elevated blood lead levels is significant, flagging health effects including increased cardiovascular disease and cardiovascular related fatality and reproductive /developmental risks to women who are or may become pregnant.  

Exposure to lead has also been associated with headache, stomach pain, anaemia, damage to the kidneys, nerves or brain, and infertility. In NSW, more than 35 workers were reported injured in workplaces as a result of lead risk work over the past three years.

Changes in lead regulations, reducing the blood lead concentrations and triggering mandatory control action, follow a reduction in the Workplace Exposure Standard to 0.05 mg/m3 in 2018.  A 2 years transition period applies to both these measures which are complimented by the general regulatory requirements to reduce hazardous substances exposures as far as reasonably practicable using the control hierarchy.

Recent Changes In NSW

Amendments were made to the NSW Work Health and Safety Regulation 2017 on 1 July 2019 with industry given two years to comply. The amendments include changes to:

• The definitions of lead risk work (clause 394)
• The frequency for mandatory biological monitoring of workers who carry out lead risk work
  (clause 407)
• Reducing the blood lead levels for the immediate removal of workers from lead risk work
  (clause 415)
• Thresholds at which a worker can return to lead risk work (clause 417)

SafeWork NSW advise that lead risk work is found in various industries, including: shipbuilding, manufacturing and demolition. They give examples of processes involving lead as including:

• Dry lead compounds, lead batteries or pasting or casting lead
• Spraying molten lead metal or alloys containing lead metal
• Foundry process, melting or casting lead alloys
• Recovering lead ore, oxides or other compounds
• Grinding, discing, buffing or cutting alloys containing lead
• Welding, cutting or cleaning metal coated with lead or lead paint
• Radiator repairs
• Fire assays if lead, lead compounds or lead alloys are used
• Spray painting with lead paint
• Removing paint containing lead
• Handling waste containing lead
• Detonators or other explosives that contain lead
• Firing weapons at an indoor firing range

What Do You Need To Do?

The Regulations require a person in control of a business or undertaking (PCBU) to assess each lead process carried out at the workplace to determine if it is lead risk work.  In assessing the risk associated with a lead process you must have regard to:

• Past biological monitoring results of workers
• Airborne lead levels
• The form of lead used
• The tasks and processes required to be undertaken with lead
• The likely duration and frequency of exposure to lead
• Possible routes of exposure to lead
• Any information about incidents, illnesses or diseases in relation to the use of lead at the workplace

The effect of using personal protective equipment cannot be taken into account when looking at exposure to lead.  If the PCBU is in any doubt, the process must be taken to include lead risk work until a determination that lead risk work is not carried out is obtained.

Some specific changes include:

• You must assess each process that involves lead to determine whether lead risk work is being carried out
• Health monitoring must be provided to workers before lead risk work starts and one month after starting
• Biological monitoring for workers who perform ongoing lead work must be arranged in accordance with the frequencies published in the WHS Regulation.

What’s Happening In Other States?

South Australia, Western Australia, the Northern Territory and the ACT have all made recent changes mirroring what NSW has done. They have lowered the blood lead removal levels and maximum permissible airborne concentration of lead to afford greater protection to workers who may be exposed to lead at the workplace. At this stage Victoria and Queensland have not followed suit and we know of no plans to do so.

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