Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 407

  (1)   A person conducting a business or undertaking 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:

  (a)   for females not of reproductive capacity and males:

  (i)   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

  (ii)   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

  (iii)   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;

  (b)   for females of reproductive capacity:

  (i)   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

  (ii)   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.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   The person must increase the frequency of biological monitoring of a worker who carries out lead risk work if the worker carries out an activity that is likely to significantly change the nature or increase the duration or frequency of the worker's lead exposure.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (3)   The regulator may determine a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work having regard to:

  (a)   the nature of the work and the likely duration and frequency of the workers' lead exposure; and

  (b)   the likelihood that the blood lead level of the workers will significantly increase.

  (4)   The regulator must give a person conducting a business or undertaking written notice of a determination under subregulation   (3) within 14 days after making the determination.

  (5)   The person conducting a business or undertaking at the workplace must arrange for biological monitoring to be carried out at the frequency stated in a determination notified to the person under subregulation   (4).

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note 1:   A determination of a different frequency for biological monitoring is a reviewable decision (see regulation   676).

Note 2:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.