Employers have specific obligations under Work Health and Safety (WHS) laws to protect workers from the health risks associated with crystalline silica exposure, including the development of silicosis. Silicosis is a serious lung disease caused by inhaling fine particles of crystalline silica dust over a prolonged period. It can result in symptoms such as coughing, shortness of breath, and chest pain, and in severe cases, it can be fatal.
Workplace Exposure Standards (WHS Regulations)
Exposure to crystalline silica is regulated through the Work Health and Safety (WHS) Regulations, which set out guidelines for employers to protect workers from harmful exposures.
The key legislation governing occupational health and safety (OHS) includes:
- Work Health and Safety Act 2011 (Cth) (or state-based equivalents)
- Work Health and Safety Regulations 2011 (or state-based equivalents)
One of the critical elements is to ensure that worker exposure to respirable crystalline silica does not exceed the National Exposure Standard (NES). The NES for respirable crystalline silica is set at:
- 1 mg/m³ (milligrams per cubic meter) of air, averaged over an 8-hour shift.
This is the maximum permissible concentration of airborne crystalline silica dust that workers can be exposed to in the workplace.
Employer Responsibilities
Under the WHS regulations, employers are required to take reasonable steps to protect workers from risks to health and safety, including those posed by exposure to crystalline silica. Key obligations include:
Risk Assessment and Control Measures
Identify hazards: Employers must conduct a thorough risk assessment to identify where crystalline silica dust may be present, especially in industries such as construction, mining, stone cutting, or manufacturing where silica-containing materials (e.g., stone, concrete, sand) are used.
Control exposure: Employers must implement measures to eliminate or minimise the risk of exposure to silica dust. These measures may include:
- Engineering controls (e.g., local exhaust ventilation, dust extraction systems)
- Workplace practices (e.g., wet cutting methods, use of vacuum systems)
- Personal protective equipment (PPE) (e.g., appropriate respirators if exposure cannot be reduced below the NES using other controls).
The hierarchy of control (eliminate, substitute, engineer, administrate, PPE) should be followed, with a preference for control measures higher on the hierarchy (e.g., eliminating the hazard through wet cutting or using enclosed systems) rather than relying on PPE alone.
Monitoring and Measuring Exposure
Air monitoring: Employers are required to monitor the exposure levels of workers regularly to assess the concentration of crystalline silica in the air. If the exposure exceeds the NES, corrective actions must be taken.
Health surveillance: Employers must also monitor workers’ health when there is a risk of exposure to crystalline silica. Workers must be provided with access to health surveillance, which includes medical assessments (e.g., lung function tests, chest X-rays) to detect early signs of silicosis or other related diseases.
Control Plan
Employers must develop a written control plan that outlines how silica exposure will be managed in the workplace. This plan should:
- Detail the control measures in place (e.g., engineering controls, PPE).
- Outline how the employer will ensure compliance with exposure limits.
- Include procedures for monitoring and maintaining control measures.
- Be reviewed regularly to ensure it remains effective.
Training and Instruction
Employers must ensure that workers are adequately trained on the risks associated with crystalline silica and the control measures in place. Training should include:
- The health risks associated with crystalline silica exposure, including silicosis.
- How to safely use engineering controls and PPE to minimise exposure.
- The correct handling of silica-containing materials to minimise dust generation.
Training should be provided before starting work and periodically thereafter to ensure workers remain aware of risks and safe work practices.
Personal Protective Equipment (PPE)
When it is not possible to control exposure through engineering controls and work practices, respiratory protection may be required. Employers must:
- Provide appropriate PPE (e.g., respirators) if exposure exceeds safe levels.
- Ensure that PPE is properly maintained, clean, and fit-tested.
- Provide workers with training on the correct use and limitations of PPE.
Medical Surveillance
Workers exposed to silica dust for extended periods must be enrolled in medical surveillance programs. This includes:
- Regular health checks to monitor for signs of silicosis, including lung function testing and chest X-rays.
- Immediate referral to medical professionals if symptoms of silicosis or other silica-related diseases are detected.
- Keeping medical records of these health checks, which should be made available to workers.
- Workers must be informed of their right to request copies of their medical records.
Record Keeping
Employers are required to maintain detailed records of:
- Exposure monitoring results, including air quality measurements.
- Health surveillance results, such as X-ray reports, lung function tests, and any diagnoses of silicosis.
- Training records to show that workers have been properly trained in silica-related risks and control methods.
- These records must be retained for a period of time as specified by the regulations (typically 5 years for exposure data and 30 years for medical records).
Worker Consultation
Employers must involve workers in the process of identifying hazards and implementing control measures. This includes:
- Consulting with workers on matters related to health and safety risks associated with crystalline silica.
- Ensuring that workers have the opportunity to contribute to the development of the risk assessment, control plans, and safety procedures.
Enforcement and Penalties
Non-compliance with the WHS laws regarding silica exposure can result in significant penalties for employers. The penalties may include:
- Fines and potential prosecution for failing to protect workers from the health risks of crystalline silica.
- Liability for workers’ compensation claims or lawsuits if workers develop silicosis due to inadequate protections.
Regulatory bodies, such as Safe Work Australia and state-based agencies (e.g., WorkSafe Victoria, WorkSafe Queensland), may conduct inspections and audits to ensure compliance with these regulations.
Changes in Silica Regulations (2021)
In recent years, Australia has been taking significant steps to address the issue of silicosis, particularly in the construction and stone-cutting industries. In 2021, Safe Work Australia introduced updated guidelines to better manage the risks of silicosis and prevent new cases of the disease. This includes:
- Expanding the scope of industries covered by silica regulations.
- Strengthening the requirements for medical surveillance and training.
- Providing clearer guidance on exposure control measures and respirator use.
By fulfilling these obligations, employers can help prevent the development of silicosis and other related diseases, ensuring a safer workplace for their workers.
Sherm Software makes these employer responsibilities so much easier by keeping all records in one place with notifications of actions required sent directly to the responsible person.
Health surveillance is controlled through Sherm and access to health records is available at any time to the employee.
Risk Assessments are carried out through Sherm, and control measures implemented to eliminate or minimise any risk of exposure.
Training can then be developed in Sherm on any risks associated and the control measures that are in place.
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