The New South Wales Resources Regulator has released a paper on compliance with the new crystalline silica provisions that came into effect on September 1.
The new provisions are amendments under Chapter 8A of the Work Health and Safety Regulation 2017 (WHS Regulations) under the Work Health and Safety Act 2011.
These provisions require mine operators and other industries working with crystalline silica substance (CSS) to:
- assess if workers are carrying out high risk processing of a CSS
- determine control measures using the hierarchy of controls when processing a CSS
- have a silica risk control plan in place for workers carrying out high risk processing of a CSS
- conduct training for workers in silica health risks, exposure and control
- conduct worker exposure and health monitoring and report exceedances.
These requirements apply to all mines sites in NSW.
To ensure compliance with Chapter 8A of the WHS Regulation the NSW Regulator recommends that mine site operators:
- review their airborne contaminants principal hazard management plan program (if applicable) to ensure it complies with AS/NZ 1716:2021 and AS/NZ 1715:2009
- demonstrate they are not processing a CSS by determining the substance is less than one per cent crystalline silica as a weight-by-weight concentration.
The Regulator said respirable protective equipment can only be relied upon to control a CSS process once all other higher-order control measures in the hierarchy of controls are in place and a residual worker exposure risk remains.
This includes:
- the isolation of a person from dust exposure
- a fully enclosed operator cabin fitted with a high-efficiency air filtration system
- an effective wet dust suppression method
- an effective on-tool extraction system
- an effective local exhaust ventilation system.
As part of the Regulator’s incident prevention strategy, a compliance priority program will be initiated for crystalline silica substances in 2025.
The program will involve proactively assessing mine site operator’s compliance with the crystalline silica amendments.
The NSW Regulator is providing a four-month implementation period for mine site operators to verify compliance with Chapter 8A of the WHS Regulation by January 1 2025.
“Mine site operators should review their airborne contaminants principal hazard management plans and implement any identified improvements within this time period,” the Regulator said.
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