Government Occupational Hygiene Regulators Meeting
14 June 2017
11.00am to 12.20pm
Location: Teleconference
Agenda:
1. Welcome / Apologies
2. Jurisdictional updates
3. Legislative issues
4. Update on national work
5. Other business
Attendees
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(SafeWork NSW)
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(SafeWork NSW)
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(SafeWork NSW)
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(Worksafe Victoria)
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WHSQ)
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(WHSQ)
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(DNRM - Mining)
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(SafeWork SA)
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(WorkSafe Tas)
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(WorkSafe WA)
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(WorkSafe WA)
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(Safe Work Australia)
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(Safe Work Australia)
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(Safe Work Australia)
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(Safe Work Australia)
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(Safe Work Australia)
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(Safe Work Australia)
Agenda
1. Welcome / Apologies
Apologies: s 47F
(Qld); s 47F
(Qld) s 47F
(Qld) s 47F
(SWA), s 47F
(Vic), s 47F
(NSW); s 47F
WA); s 47F
(WA); s 47F
(NOPSEMA); s 47F
(SA); s 47F
(SA); s 47F
(NT).
2. Jurisdictional updates
New South Wales
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Working on the emerging issue of silicosis in the kitchen bench industry and the use of
crystalline silica in the production of engineered stone. Queensland is also doing some
work on crystalline silica in mines.
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WorkSafe Victoria
Pilot visits undertaken for the stonemason’s project, focussing on controls (control of it or
extraction) and health surveillance.
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WHS Queensland
The Parliamentary inquiry into coal dust has been extended to include respirable dust for
coal port, rail and power station workers. It will have its first hearing today - being
streamed at 1.00pm.
o The inquiry handed down report which made over 60 recommendations
o The Queensland Government has three months to respond.
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As with New South Wales, crystalline silica of a major concern in the engineered stone
benchtop manufacturing industry.
The construction dust project aims to identify risks associated with construction and
conduct training programs with industry consultation.
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WorkSafe SA
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WorkSafe WA
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WorkSafe Tasmania
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Safe Work Australia (s 47F
)
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Safe Work Australia (s 47F
)
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3
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Safe Work Australia (s 47F
)
2
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3. Legislative issues
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4. Other business
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Meeting closed at 12:20 pm.
Next meeting to be held in September 2017 by teleconference.
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Safe Work Australia Submission into Queensland Parliament’s
Inquiry into Occupational Respirable Dust Diseases
Response to the extended terms of reference
Approved by
Amanda Grey
Chief Executive Officer (A/g)
Signature
Contact person for
Emma Sadler
submission
Phone: s 47F
Email: s 47F
Date of approval
28 June 2017
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About Safe Work Australia
1. Safe Work Australia leads the development of national policy to improve work health and
safety (WHS) and workers’ compensation arrangements across Australia. It is a tripartite
body that works in partnership with governments, employers and employees to drive
national policy development on WHS and workers’ compensation.
2. Safe Work Australia is comprised of an independent Chair, Members representing the
Commonwealth and each state and territory, Members representing the interests of
workers and employers and the Chief Executive Officer of Safe Work Australia.
Overview of Safe Work Australia’s submission
3. Safe Work Australia’s submission into the Queensland Parliament’s Inquiry into
Occupational Respirable Dust Disease focuses on the extended terms of reference.
4. As a general overview, Safe Work Australia’s submission:
provides workers’ compensation data associated with relevant occupational
respirable diseases caused by exposure to dust
provides information on the role of the model WHS laws in preventing and/or
reducing harm caused by occupational respirable dust exposure to port, rail,
power station, and other workers
summarises relevant outcomes of reviews undertaken, noting the operation of the
model WHS laws will be reviewed in 2018, and
outlines the tripartite framework for developing and maintaining the model WHS
laws as set out by the
Intergovernmental Agreement for Regulatory and
Operational Reform in Occupational Health and Safety (IGA) and the role of Safe
Work Australia in developing national WHS policy.
Response to extended terms of reference
a) Occupational respirable dust exposure for:
(i) coal port workers
(ii) coal rail workers
(iii) coal-fired power station workers
(iv) other workers
5. Safe Work Australia compiles national workers’ compensation statistics using data
obtained from workers’ compensation authorities in the Commonwealth and each state
and territory. These data are collated into the National Data Set for Compensation-Based
Statistics which is the primary source of information on work-related injuries and
diseases.
6. Between 2000–01 and 2014–151, there have been 203 accepted workers’ compensation
claims in Australia associated with relevant occupational respirable diseases caused by
exposure to dust2—specifically, pneumoconiosis (including silicosis and coal workers’
pneumoconiosis, but excluding asbestosis), chronic bronchitis and emphysema.
7. Analysis of workers’ compensation claims for these types of diseases, however, can be
complicated by a number of factors. For instance, these diseases often result from long-
1 This refers to the date of lodgement for the claim, not the period in which exposure occurred.
2 The breakdown agency of Non-metallic minerals and substances is used as the most appropriate
proxy for ‘dust’.
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term exposure or have long latency periods, which make the link between the work-
related disease and the workplace difficult to establish.
8. As shown in Table 1, over the 15 year period, silicosis accounts for the majority (133 or
66 per cent) of the accepted claims, with pneumoconiosis (excluding asbestosis, silicosis
and coal workers’ pneumoconiosis) accounting for a further 45 claims. There has only
been one claim related to coal workers’ pneumoconiosis over the period, however, as
the latest data available is for 2014–15, the data does not include any potential claims
relating to recently diagnosed cases of coal workers’ pneumoconiosis in Queensland and
New South Wales.
Table 1: Number of accepted workers’ compensation claims caused by dust* by type
of respirable disease, 2000–01 to 2014–15 combined
Nature
Claims
Chronic bronchitis, emphysema and allied conditions
24
Pneumoconiosis due to coal dust
1
Pneumoconiosis excluding asbestosis, silicosis and coal workers’
pneumoconiosis
45
Silicosis
133
TOTAL
203
*Break down agency of Non-metallic minerals and substances used.
9. Table 2 shows that the Construction (55 claims), Manufacturing (36 claims), and
Electricity, gas, water and waste services (34 claims) industries accounted for the
highest number of accepted claims over the period. Controlling for employment size, the
Electricity, gas, water and waste services industry recorded the highest incidence rate
(20.2 claims per million employees) over the period, followed by the Mining industry
(11.7 claims per million employees).
Table 2: Number and incidence rate (claims per million employees) by industry,
2000–01 to 2014–15 combined
Incidence rate (per
Industry
Claims million employees)
Construction
55
5.8
Manufacturing
36
2.6
Electricity, Gas, Water and Waste Services
34
20.2
Mining
27
11.7
Public Administration and Safety
24
2.5
Professional, Scientific and Technical Services
5
0.5
Transport, Postal and Warehousing
5
0.7
TOTAL
203
Note: Only industries with five or more claims are included therefore the number of claims do not add
to the total.
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10. Table 3 below shows the detailed industry sub-groups with the highest number of
accepted workers’ compensation claims.
Table 3: Number of accepted workers’ compensation claims by industry sub-group,
2000–01 to 2014–15 combined
Industry sub-group
Claims
Water supply, sewerage and drainage services
24
Land development and site preparation services
23
State government administration
13
Construction material mining
12
Non-residential building construction
10
Heavy and civil engineering construction
10
Electricity generation
8
Defence
7
Other construction services
6
Coal mining
6
Structural metal product manufacturing
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11. In relation to the specific roles listed in the expanded terms of reference, between
2000–01 and 2014–15 of the 203 accepted workers’ compensation claims:
eight were in the Electricity generation industry sub-group (includes coal-fired power
station workers)
three were in the Water transport services industry sub-group (includes coal port
workers), and
none were in the Rail freight transport industry sub-group (includes coal rail
workers).
(b) The legislative and other regulatory arrangements of government and industry
which have existed in Queensland to prevent or reduce the harm caused by
occupational respirable dust exposure to port, rail, power station, and other
workers
12. The IGA formalises the co-operation between the Commonwealth, state and territory
governments to achieve harmonisation of WHS laws.
13. To drive the development and implementation of model WHS laws, the IGA requires the
establishment of an independent body. To meet this requirement, Safe Work Australia
was established by the
Safe Work Australia Act 2008 (the Act). The Act also sets out
Safe Work Australia’s functions which include revising the model WHS laws for the
approval of Commonwealth, state and territory ministers with responsibility for WHS
(WHS ministers).
14. Another of Safe Work Australia’s functions is to prepare, and if necessary revise, model
WHS laws (a model WHS Act and model WHS Regulations) for approval by WHS
ministers and for adoption as laws of the Commonwealth and each of the states and
territories.
15. The Queensland government implemented the model WHS Act and model WHS
Regulations on 1 January 2012 and is responsible for enforcing the laws as
implemented.
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16. The model WHS Act requires a person conducting a business or undertaking—the
primary duty holder—to ensure the health and safety of workers while at work as far as is
reasonably practicable. This includes ensuring that the work environment is without risks
to health and safety and that the health of workers and the conditions at the workplace
are monitored for the purpose of preventing illness or injury of workers arising from the
conduct of the business or undertaking.
17. The model WHS laws also address the classification, labelling and management of
hazardous chemicals generated and used in the workplace, workplace exposure
standards for hazardous chemicals and requirements for air and health monitoring. The
model WHS laws impose requirements to ensure a broad level of protection to exposure
to hazardous chemicals that are used, handled, stored and generated at the workplace.
18. Safe Work Australia is also responsible for developing model Codes of Practice which
are practical guides to achieving the standards of health and safety required under the
model WHS laws. To have legal effect in a jurisdiction, a model Code of Practice must
be approved as a Code of Practice in that jurisdiction. Safe Work Australia also produces
a range of other guidance material that reflect best practice and current evidence,
developed in consultation with jurisdictional Regulators, industry and union
representatives and other key stakeholders.
19. In relation to prevention and reduction of harm caused by occupational respirable dusts,
Safe Work Australia has a suite of guidance to assist in managing the risk of exposure to
coal dust including managing risks of hazardous chemicals in the workplace, workplace
exposure standards and health monitoring.
(c) Whether these arrangements were adequate, and have been adequately and
effectively maintained over time
20. There are very minor differences between the Queensland WHS laws and the model
WHS laws. The
Work Health and Safety Regulation 2011 (Qld) combines the model
WHS law requirements for monitoring airborne contaminant levels (specifically the
requirement to keep records and make these records readily available to those who may
be exposed). However, this does not impact on the substance of the regulations.
21. All model Codes of Practice have been adopted by Queensland.
22. Early review work on the model WHS laws has found that the laws are efficient and
effective. The content and operation of the model WHS laws are scheduled to be
reviewed in 2018.
(d) The roles of government departments and agencies, industry, health
professionals and unions in these arrangements
23. As noted previously, Safe Work Australia is a tripartite body develops national policy on
WHS and workers’ compensation.
24. WHS ministers make decisions about the model WHS Act, Regulations, Codes of
Practice and the
National compliance and enforcement policy informed by Safe Work
Australia.
25. The model WHS laws and the supporting model Codes of Practice were developed, and
are maintained, through a tripartite consultative process involving Safe Work Australia’s
Members and their representatives. Where appropriate, key experts, academics and
stakeholders are engaged to contribute to ensure the outcome is fully informed and
based on evidence available.
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(e) The efficacy and efficiency of adopting methodologies and processes for
respirable dust measurement and mitigation, including monitoring regimes,
engineering measures, personal protective equipment, statutory requirements,
and industry policies and practices, including practices in jurisdictions with
similar industries
26. Safe Work Australia is not able to provide views on the efficacy and efficiency of certain
methodologies and processes for respirable dust measurement and mitigation.
27. Safe Work Australia, however, notes the conclusion of the Senate Committee on Health
fifth interim report (2016), the Coal Workers’ Pneumoconiosis Select Committee (2017)
and the
Review of Respiratory Component of the Coal Miners’ Health Scheme of the
Queensland Department of Natural Resources and Mines (Sim et al., 2016) that the
issue seems to be one of compliance with the laws pertaining to dust mitigation and
health monitoring rather than with the underlying methodologies and processes.
(f) Other matters the committee determines are relevant to occupational respirable
coal or silica dust exposure.
Workplace Exposure Standards
28. Safe Work Australia is currently in the process of reviewing the workplace exposure
standards for coal dust, silica and dusts listed in the
Workplace Exposure Standards for
Airborne Contaminants (2012)
3. Outcomes of this review will include robust and
sustainable methodologies to review the data available for airborne contaminants and to
inform recommendations for changes to the list of workplace exposure standards and to
the standards themselves. This process is expected to be finalised in 2018.
Schedule 14 to the model WHS Regulations
29. Safe Work Australia is also currently in the process of updating Schedule 14 to the
model WHS Regulations4 which specifies chemicals that require health monitoring
should there be significant risk of exposure to a worker carrying out ongoing work at a
workplace using, handling, generating or storing a hazardous chemical. This includes an
update to the type of health monitoring required for exposure to crystalline silica. These
updates have been made in light of the outcomes of the Coal Workers’ Pneumoconiosis
Select Committee (2017) and the
Review of Respiratory Component of the Coal Miners’
Health Scheme of the Queensland Department of Natural Resources and Mines (Sim et
al., 2016) and have been amended consistent with the approach being taken in
Queensland. The suite of guidance includes guides for a person conducting a business
or undertaking, workers and medical practitioners, and guidance on each chemical listed
in Schedule 14. The updated guidance is expected to be published in late 2017.
30. Coal dust is not included in Schedule 14. However, as it is a hazardous chemical, where
it exists in a workplace, a person conducting a business or undertaking would be
required to deal with its risk to workers and other persons. Given there are valid
techniques available to detect effects on worker health, a health monitoring program in
relation to coal dust, may be a reasonably practicable measure that is required to be
implemented by a person conducting a business or undertaking under the model WHS
laws.
3 https://www.safeworkaustralia.gov.au/system/files/documents/1705/workplace-exposure-standards-
airborne-contaminants-v2.pdf
4 https://www.safeworkaustralia.gov.au/system/files/documents/1703/model-whs-regulations-
28nov2016.pdf
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Deemed Disease in Australia report
31. In 2013 Safe Work Australia commissioned a review of the latest scientific evidence on
the causal link between diseases and occupational exposures. The objective of the
project was to develop an up-to-date evidence based Australian list of deemed diseases,
that could be used by Australian jurisdictions considering a revision to the deemed
diseases list in their workers’ compensation legislation (noting that Queensland does not
currently have a legislated deemed diseases list). Prior to the project commencing, most
jurisdictions’ deemed diseases lists had not been updated since they were introduced
and therefore did not include some diseases for which there is now strong evidence of a
causal link to work-related exposures.
32. The resulting
Deemed Diseases in Australia5 report provides useful evidence-based
information for anyone involved in the prevention or compensation of occupational
disease. The report was released by Safe Work Australia on 31 August 2015. On
completion of the report, the former Commonwealth Minister for Employment,
Senator the Hon Eric Abetz, wrote to state and territory ministers with portfolio
responsibility for workers’ compensation seeking in-principle support for the report. All
states and territories, except for Victoria, provided in principle agreement/support to
consider using the
Deemed Diseases in Australia report when reviewing their deemed
disease provisions.
5 https://www.safeworkaustralia.gov.au/system/files/documents/1702/deemed-diseases.pdf
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Document Outline
