Notice of Decision under The Freedom of Information Act 1982 (the FOI Act)
Applicant:
Mike Tremblay <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Decision Maker:
Laura Funke
Date of Decision:
17 August 2023
Organisation:
Australian Nuclear Science and Technology Organisation
1. This is my decision and the reasons for my decision in relation to the request made by the
Applicant to the Australian Nuclear Science and Technology Organisation (
ANSTO) on 15 May
2023 as revised on 23 July 2023, following a practical refusal consultation, seeking access to the
fol owing documents under the FOI Act:
'For the period from 1 January 2002 to 1 January 2006, any health centre or WHS procedure documents
such as instructions, policies, processes relating to health surveil ance of scientists working with
depleted uranium. Excluding correspondence such as emails, letters, file notes and experiment specific
records relating to health surveil ance and the actual health surveil ance records.'
2. I note the extension provided by the Office of the Australian Information Commissioner until 24
July 2023 for ANSTO undertake a practical refusal process. This period included time to undertake
practical refusal consultation. The Applicant agreed to an amended scope on 23 July 2023.
3. I am authorised under section 23 of the FOI Act to make a decision.
DECISION
4. I have identified the 2 documents as potentially relevant to the Applicant’s request.
5. I have decided to fully release the following document:
(i)
ANSTO OHSE Standard Chemical Safety approved on 27 September 2006 (
Document 1)
6. I have decided to partial y release the fol owing document. I have applied redactions on the basis
of relevance under section 22 of the FOI Act.
(i)
ANSTO Safety Directive – Medical Arrangements at the Lucas Height Science and &
Technology Centre according to the properties of Microsoft word this document was
created on 28/08/1997 (
Document 2)
7. In making my decision, I had regard to the fol owing:
(a) The terms of the Applicant’s revised request dated 23 July 2023;
2
(b) The content of the identified documents in issue;
(c) Advice from ANSTO officers with responsibility for matters relating to the documents to which
the Applicant sought access;
(d) The relevant provisions of the FOI Act; and
(e) The FOI Guidelines produced by the Office of the Australian Information Commissioner.
Locating and identifying relevant documents
8. The potentially relevant documents were identified by ANSTO’s Work Health & Safety Team by
searching electronic and hard copy folders for documents in and around the date range specified
in the FOI request.
9. The WHS Team have confirmed:
i. There is no specific WHS or Health Centre document directed towards scientists
working with depleted uranium. The health monitoring requirements would depend
on the specific work circumstances.
ii. During the relevant period from 1 January 2002 to 1 January 2006 ANSTO had an on-
site Medical Officer who would determine an appropriate medical surveillance
program based on his medical opinion and in discussion with the personnel involved.
10. Document 1 titled ‘ANSTO OHSE Standard Chemical Safety approved on 27 September 2006’ was
in the paper records of the WHS Team member. I acknowledge this document is 9 months outside
of the date range specified by the Applicant.
11. Document 2 titled ‘ANSTO Safety Directive – Medical Arrangements at the Lucas Heights Science
and & Technology Centre’ was in a shared WHS directory for documents created before 2006.
The document was in Microsoft Word form. The document date on document 2 automatically
updated when it was converted to PDF as part of processing this request. According to the
properties of Microsoft word this document was created on 28 August 1997. I am unable to
confirm whether this document was in force during the period from 2002 – 2006. Since the date
range is around 20 years ago, ANSTO’s controlled document platform had not been implemented.
12. Document 2 covers a wide range of medical arrangements around fitness for duty and pre-
employment medicals. I have redacted information in the documents which are not relevant to
the Applicant’s request.
13. In addition to the searches undertaken by the WHS team, ANSTO Information Management
Officer did a search for depleted uranium and Health Surveil ance and did not find any documents
within the relevant date range.
Documents historical in nature
14. I confirm these documents are historical in nature and do not reflect the current documents in
ANSTO control ed document database.
3
Review rights
15. Attachment A sets out your review rights.
Laura Funke
Projects and Privacy Officer
Freedom of Information Delegate
4
Attachment A
Internal review
If you are dissatisfied with this decision, you have certain rights of review available to you. Firstly,
under section 54 of the Act, you may apply for an internal review of the decision. It is not necessary
to go through ANSTO’s internal review process and you may apply for a review by the Information
Commissioner (see below).
Your application for an internal review must be made within 30 days, or such further period as ANSTO
allows, of you receiving this notice.
No particular form is required to apply for review although it will assist your case to set out in the
application the grounds on which you believe that the original decision should be overturned.
An application for a review of the decision should be addressed to the FOI Coordinator
Email:
xxx@xxxxx.xxx.xx or
Post: Locked Bag 2001 Kirrawee DC NSW 2232
Information Commissioner
You may also apply to the Information Commissioner for a review of the decision, or the subsequent
internal review decision made by ANSTO. Your application must be made within 60 days, or such
further period as the Information Commissioner allows, of you receiving the notice of an initial
decision or a decision made on internal review.
No particular form is required to apply for review although it must give details on how notices may be
sent to you (e.g. postal or email address) and include a copy of the notice of the decision given by
ANSTO. The application should also contain particulars of the basis on which you dispute the decision.
You can lodge your application with the Office of the Australian Information Commissioner in a
number of ways:
Preferred method is online:
www.oaic.gov.au online portal
Post:
GPO Box 5288 Sydney NSW 2001
Fax:
+61 2 6123 5145
Email:
xxxxxxxxx@xxxx.xxx.xx
Administrative Appeals Tribunal
You may subsequently apply to the Administrative Appeals Tribunal (AAT) for review of a decision
made by the Information Commissioner with which you are dissatisfied. An application to the AAT
5
must be made within 28 days after the day on which you receive the Information Commissioner's
decision.
The AAT is a completely independent review body with the power to make a fresh decision. Your
application to the AAT should be accompanied by an application fee, which may be refunded in some
instances. The fee may be waived by the AAT where financial hardship is shown.
The AAT has a help desk to advise on its procedures. More information is available on the AAT’s
websi
te www.aat.gov.au.
The AAT preferred method of lodgement is via its online services portal.
The contact details of the AAT are:
Phone: 1800 228 833
Email:
xxxxxxxxxxxxxx@xxx.xxx.xx
Locations
: https://www.aat.gov.au/contact-us/our-locations
Commonwealth Ombudsman
You may also complain to the Ombudsman concerning action taken by an agency in the exercise of
powers or the performance of functions under the FOI Act. There is no fee for making a complaint.
The Ombudsman wil make a completely independent investigation of your complaint.
The Commonwealth Ombudsman generally will not investigate your complaint unless you have raised
it with the agency directly. This gives the agency an opportunity to resolve the complaint first.
Complaints can be made in writing:
Post: GPO Box 442, Canberra ACT 2601
Phone: 1300 362 072
In person: see
https://www.ombudsman.gov.au/contact
Online: s
ee https://www.ombudsman.gov.au/what-we-do/Can-we-help-you

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SD 6.1
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Page 1
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SAFETY DIRECTIVE TITLE: Medical Arrangements at the Lucas
Heights Science & Technology Centre
The instructions in Safety Directives apply to all ANSTO staff and by agreement, to all staff of all CSIRO Units
located at the Lucas Heights Science and Technology Centre, as well as all persons attached to the Lucas
Heights Science and Technology Centre.
1.
PURPOSE
This directive explains the Medical Arrangements in place at the Lucas Heights Science & Technology
Centre (LHSTC).
2.
SCOPE
The directive applies to ANSTO staff and is advisory for other staff working a the LHSTC.
3.
DEFINITIONS
3.1
Fitness is authorised ability to perform particular work safely.
3.2
Limitation means conditional restrictions on whether or how o with what precautions a task is to be
undertaken. These may be temporary if a person is convalescent from illness or injury.
3.3
Medical Examination is a personal interview with Medical Officer
and may involve history taking,
communication and some physical examination and ancillary investigation (eg spirometry and
audiometry).
3.4
First Aid (in the workplace) is defined as the provision of emergency treatment and life support for
under FOI
persons suffering illness or injury at work.
3.5
Emergency Medical Care is defined as he provision of first aid and ongoing treatment by a trained
ambulance officer, registered urse or medical practitioner.
3.6
A Visually Demanding Task s one requiring sustained focus at a distance outside normal reading
distances or one which has been determined to be visually demanding because it requires
particular visual capacity.
4.
REFERENCES
4.1
AGHS Ha dboo , Guidelines for Medical Officers, Australian Government Health Services 1996.
4.2
Radiation Protection in Occupational Health Manual for Occupational Physicians, IAEA Safety
series N . 83 1987.
4.3
Victorian Code of Practice on First Aid in the Workplace, 1988 (Adopted by Comcare, Nov 1995).
Released
4.4
Australian First Aid, St John Ambulance Australia 1990.
4.5
Comcare Fact Sheet 8 “Guidelines for Eyesight Testing and Optical Correction for Visually
Demanding Tasks”.
4.6
Occupational Health and Safety (Commonwealth Employment) Act 1991.
5.
RESPONSIBILITIES
5.1
The Director Safety Division is responsible, through the Site Medical Officer or an appropriate
officer of the Australian Government Health Service, for providing the medical arrangements
outlined in this directive.
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SAFETY DIRECTIVE TITLE: Medical Arrangements at the Lucas
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5.2
Supervisors are responsible for referring staff to the Site Medical Officer when the need for a
medical examination or review is required, or the need for eyesight testing for visually demanding
tasks may be required as set out in this directive.
5.3
Employees are responsible for complying with this directive and the advice provided by the Site
Medical Officer.
5.4
The Director Safety is responsible through the Site Operations Safety Supervisors for t e provision
of initial First Aid assistance outside standard hours.
5.5
Nominated First Aiders are responsible for keeping their knowledge up to dat mainta ning first aid
boxes, applying first aid as appropriate and keeping records.
5.6
The ANSTO Personal Dosimetry Service is responsible for providing xternal dosimetry, whole
body monitoring, bioassay services and keeping records.
5.7
Division Directors are responsible for ensuring the provisions of this directive are applied and
specifically for appointing First Aiders in their Division if required
6.
PROCEDURES
SECTION ONE
Medical Examination Requirements and Fitness Cl ssification Categories
6.1
General
under FOI
6.1.1 Medical examinations and t e use of fitness for work limitations on medical grounds are
essential components of the safety arrangements at the LHSTC.
6.1.2 The Site Medical Offi er must ensure that no-one working at the LHSTC is put into a work
situation where the health can be jeopardised by the work or where their own health
condition can put at r k the health or safety of themselves, their colleagues or the general
public. There are ls Commonwealth medical requirements for appointment at ANSTO.
It should be emphasised that medical clearance is specific for the tasks and requirements for
a particular ob situation.
6.1.3 The f llow ng medical examinations may be required:
a)
Preplacement medical examinations
These are conducted prior to employment and involve history taking, physical
examination, urinalysis, lung function and hearing testing (see Appendix 3). Chest
X-rays and blood tests are rarely required. Other tests or specialist opinions may also
Released
be obtained at the discretion of the Site Medical Officer.
b)
Periodic medical examinations
These are only done as required. Individuals with health problems are reviewed
individually as appropriate by the Site Medical Officer. Periodic examinations may be
required in certain circumstances, eg for drivers or persons with pre-existing health
problems.
c)
Special purpose medical examinations
These assess fitness for specific tasks such as work with ionising radiation in Australia
and overseas, the use of self-contained breathing apparatus, fitness for emergency
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SAFETY DIRECTIVE TITLE: Medical Arrangements at the Lucas
Heights Science & Technology Centre
work, working with specific hazards, field trips in remote areas and driving ANSTO
vehicles. Other examinations may include fitness to participate in certain site sports
activities after injury. In some cases an audiometric examination may be required.
d)
Return to work examinations
Employees returning to work after five or more days absence with illn ss or three or
more days absence from injury must report to the Site Medical Officer/Section for
review of fitness before resuming work.
e)
Change of work examination
Staff who are redeployed to a different type of work must be medically reviewed
before any change or transfer takes place.
f)
Medical limitations classification system
(i)
This comprises two components - G neral Health designated as GH and
Occupational Limitation designated OL. The limitations can be temporary or
permanent.
(ii)
When the Site Medical Office h s assigned a classification to an employee, he
will inform the employee a d pro ide a “Certificate of Medical Fitness” on a
need to know basis to oth r pe sons at the LHSTC.
under FOI
Details of the classification system are given in Appendix 1.
SECTION TWO
Medical Surveillance
This section outlines an overall protocol or medical surveillance. It does not limit other surveillance being
introduced on an as needs ba is. Ad itionally any staff member who has concerns over possible past
exposures to hazardous su stanc s or other agents should consult with the Medical section to determine
whether medical surveill
ce would be beneficial.
6.2
Medical Examinat on r Review by the Site Medical Officer
a)
On eturn o work after illness or injury.
b)
Revi w of conditions previously diagnosed.
c)
As alerted by a medical certificate.
d)
On advice from ANSTO Staff and Site Services section or an employee’s supervisor.
Released
e)
When a change in safety related circumstances suggests it would be appropriate.
6.3
Ionising Radiation
Monitoring of radiation is an important facet of health surveillance.
6.3.1
External Dosimetry
a)
All LHSTC personnel who regularly work in classified radiation areas regularly must be
monitored. The principle form of monitoring is by use of thermoluminescent
dosimeters (TLDs). Such people are considered to be occupationally exposed and
require appropriate medical classification.
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SAFETY DIRECTIVE TITLE: Medical Arrangements at the Lucas
Heights Science & Technology Centre
b)
Staff who receive more than 10% of the annual dose limit, ie > 2 mSv per year, are
monitored monthly. This group consists of personnel from Radiopharmaceuticals,
Nuclear Technology and Physics Divisions, and certain Safety Division personnel.
c)
Staff who may receive less than 10% of the annual dose limit, ie < 2 mSv per year, are
monitored three monthly.
d)
The ANSTO Personal Dosimetry Service may also monitor contractors and visitors
who enter classified radiation areas. With the exception of overseas v sitors who are
radiation workers, these people are NOT designated as oc upationa ly exposed.
Medical clearance is not required and public dose limits apply.
e)
The dosimeters shall be worn continuously while in classi ed radiation areas.
6.3.2
Internal Dosimetry
a)
Radiopharmaceuticals staff who work in blue or red contamination areas regularly are
on a monthly Whole Body Monitoring program.
b)
Waste Management Operators and the HIFAR Active Handling Group are on a three
monthly and HIFAR operators on an ann al program.
c)
The contamination history of indiv duals may dictate that more frequent monitoring is
required.
under FOI
d)
The frequency of monitoring of personnel for internal contamination is continually
reviewed as work circumstances change.
6.4
Chemical Exposure
All LHSTC personnel who r gu arly work with the following materials may be occupationally
exposed and an approp iate medical surveillance regime will be instigated by the Site Medical
Officer after discussio with he personnel involved.
a)
Inorganic Le d annually.
b)
Organic Lead
)
Mercury
)
The frequency will be dictated by the
Arsenic
)
conditions and frequency of use
Pest cides
)
c)
Avenues for identifying the need for medical surveillance for exposure to chemicals include:
(i)
Safety Assessment Committee System.
Released
(ii)
Material Safety Data Sheets and product labels.
6.5
Immunity against Infection
Antibody titres are examined after certain types of immunisation, eg Hepatitis B.
6.6
Hearing Surveillance – Audiometry
This is done during preplacement medical examinations and at appropriate intervals as indicated
clinically or occupationally.
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SAFETY DIRECTIVE TITLE: Medical Arrangements at the Lucas
Heights Science & Technology Centre
SECTION THREE
Site First Aid and Emergency Medical Care Arrangements
6.7
Primary Provision of First Aid/Emergency Medical Care
6.7.1
In standard hours
a)
This is by the Site Medical Officer, and/or the Site Nursing Sister at Bld 21A for
ambulant ‘casualties’.
b)
If it seems unsafe to move the patient, a call to the Sit Control Centre on 888
requesting help and giving the type of medical emergen y, the exact location and, if
possible, the patient’s name – will ensure the arrival f trained assistance within
minutes.
6.7.2
Outside standard hours
Again a telephone call to the Site Control Centre on 888 and a request for medical help will
have the duty SOSS in an emergency vehicle equipped with first aid equipment to the
nominated location quickly. The SOSS can admi ister first aid on the spot or take the
casualty to the ANSTO Medical Centre to administe it or summon a NSW Ambulance if
appropriate.
6.8
Secondary Provision of First Aid
under FOI
6.8.1
First aid boxes
For provision of immediate first aid, and for the treatment of minor matters which the ‘patient’
considers do not merit visi ng the Medical Centre, First Aid Boxes are positioned around the
LHSTC.
6.8.2
Control of first aid boxes
It is recomm nded that First Aid Boxes should be under the control of designated person(s)
qualified n f rs aid. Such persons are to be appointed by Division Directors, should be
suitably qualified and have agreed to participate.
6.8.3
Contents of first aid boxes
a)
Appendix 2 lists suggested contents of first aid boxes. Divisions are responsible for
stocking and maintenance.
b)
In some cases (eg where hydrofluoric acid is in use) additional items shall be included.
The Site Medical Officer will advise what additional items are required.
Released
c)
If required, the Site Medical Officer can advise on the availability of appropriate first
aid cabinets for purchase.
SECTION FOUR
Eyesight Testing and Optical Correction for Visually Demanding Tasks
6.9
Comcare issues guidelines concerning the duties and responsibilities of employers and employees
for those staff required to undertake visually demanding tasks. These guidelines deal with the
general principles together with supporting schedules which address specific issues relating to
Eyesight Testing of Users and Operators of Screen Based Equipment.
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SAFETY DIRECTIVE TITLE: Medical Arrangements at the Lucas
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6.10 A visually demanding task is one requiring sustained focus at a distance outside normal reading
distances or one which has been determined to be visually demanding because it requires
particular visual capacity. The latter should be determined on a case by case basis but would
include such requirements as: vision superior to normal, specific colour discrimination, a high level
of binocular coordination, peripheral vision or vision at low light levels.
6.11 Under the Occupational Health and Safety (Commonwealth Employees) Act 1 91 (the Act),
employers have a duty to monitor their employee’s health and safety. This i cludes the
responsibility for ensuring that staff required to undertake visually demanding tasks ave adequate
vision for the purpose. To this end, the employer must provide appropria e eyesight tests and
reports to employees who undertake such tasks and ensure that appropr ate corrective appliances
(such as spectacles) are provided when necessary. It is not, however a requir ment to provide a
corrective appliance when appliances, needed to meet normal vis on equirements, would be
adequate for the task.
6.12 Employees are responsible for maintaining a personal standard of vision, with or without lenses,
which permits them to see clearly at normal reading distances and for distance vision. Difficulties
with this requirement should be discussed with supervisors. The Act also requires employees to
cooperate with an employer’s safety instructions and to u e safety equipment provided by the
employer.
6.13 The frequency of screening for employees undertak ng visually demanding task is:
a)
prior to commencement of the task;
under FOI
b)
whenever they experience apparent yest ain problems associated with the task;
c)
every two years following initial screening if an employee is aged over 40, or under 25 where
distance vision is an impor ant part of the visually demanding task.
Such screening tests will b a ranged by the ANSTO Medical Centre.
6.14 Where an employee fail one or more of the tests, that employee should undergo a full visual
examination, arranged by the employer with a qualified optometrist or ophthalmologist.
6.15 The examiner should provide the employee with a prescription for an appliance if required, with a
certificate if a propriate, confirming that the appliance is needed for a visually demanding task and
not just for norm l vision.
6.16 The employer is responsible for the cost of the screening tests, the full vision examination and the
reasona le cost of corrective appliances. In this context, ANSTO will currently reimburse up to $65
for single vision spectacles and up to $115 for bi-focal or multi-focal spectacles.
6 17 For the particular case of staff who use screen-based equipment for at least two hours per day or
Released
ten hours per week, Schedule 1 of the guidelines provides further information on the minimum set
of tests which should be carried out to determine whether special spectacles are needed as:
a)
distance visual acuity;
b)
near visual acuity;
c)
occulomotor coordination;
d)
colour vision.
6.18 The above guidelines apply to all ANSTO staff required to undertake visually demanding tasks.
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SAFETY DIRECTIVE TITLE: Medical Arrangements at the Lucas
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6.19 The Site Medical Officer will provide a letter of introduction to an Optometrist/Ophthalmologist
detailing the information and testing required (see Appendix 4).
6.20 Staff or supervisors requiring further information should contact the Site Medical Officer.
7.
RECORDS
7.1
Confidential Medical Records are securely stored in the LHSTC Medical Centre. This cludes first
aid treatment.
7.2
Following pre-employment examinations a “Medical Report Form” is fo warded to the Australian
Government Health Service.
7.3
The Site Operations Safety Supervisors keep records of first aid they pro ide in their daily log book.
7.4
The First Aider in control of the First Aid Box shall keep a rec d of treatment provided in a log
book in the First Aid Box.
7.5
The ANSTO Personal Dosimetry Service keep permanent re ords of all dosimetry results.
8.
APPENDICES
Appendix 1: Medical Limitations Classification System.
Appendix 2: Recommended contents of First Aid Boxes (Cabinets).
under FOI
Appendix 3: ANSTO Medical History Questionnaire Form.
Appendix 4: Referral Form to Optometrist re Visual Examination and appropriateness of Employer
Subsidy on Cost of Spectacl
.
HELEN M GARNETT
Executive Direc or, ANSTO
Released
This Safety Directive supersedes Safety Directives C5, P1, P5, P6
and Information Circulars 24/1988 and 9/1996.
END OF SAFETY DIRECTIVE
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APPENDIX 3: ANSTO MEDICAL HISTORY QUESTIONNAIRE FORM (PAGE 1)
Page 1 of 2
MEDICAL HISTORY
s.22
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APPENDIX 3: ANSTO MEDICAL HISTORY QUESTIONNAIRE FORM (PAGE 2)
s.22
Signature of applicant: ................................................................................
Date ........../........../..........
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APPENDIX 4
REFERRAL FORM TO OPTOMETRIST RE VISUAL EXAMINATION AND APPROPRIATENESS
OF EMPLOYER SUBSIDY ON COST OF SPECTACLES
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