Lead risk notification

The Work Health and Safety (National Uniform Legislation) Regulations 2011 – the WHS (NUL) Regulations provides for the notification to the Regulator of:

• lead risk work, and
• the removal of a worker from lead risk work.

Notifications of lead risk work and the removal of workers from lead risk work provides risk based information to the Regulator so it can apply resources and target compliance and enforcement actions to areas of greatest risk to health and safety.

Lead risk work

Notification to the Regulator is required within 7 days of the determination that the work is lead risk work – Regulation 403(1), or if a determination is unable to be made – Regulation 402(4).

Notification to the Regulator by an emergency service organisation is required as soon as practicable after determining that the work is lead risk work – Regulation 403(4).

Removal of worker from lead risk work

Notification to the Regulator is required as soon as reasonably possible if a worker is removed from carrying out lead risk work – Regulation 415 (2).

Part 7.1 of the WHS (NUL) Regulations impose obligations on the person conducting a business or undertaking to ensure health monitoring is provided to workers both before and after commencing lead risk work.

In 2020 the lead levels for the removal of a worker changed and the transition period ended 1 July 2021.

Notification is required if a worker is removed from carrying out lead risk work following health monitoring where:

A worker must be removed at:

• 10 μg/dL (0.48 μmol/L) for females of reproductive capacity, or those who are pregnant or breastfeeding;
• 30 μg/dL (1.45 μmol/L) for females not of reproductive capacity and males.

The worker may then only return to lead risk work if the medical practitioner is satisfied that the worker is fit to return and the worker’s blood lead level is less than:

• 5 μg/dL (0.24 μmol/L) for females of reproductive capacity, or those who are pregnant or breastfeeding;
• 20 μg/dL (0.97 μmol/L) for females not of reproductive capacity and males.For the period up to and including 30 June 2021.