Progress report

This report is in response to recommendation 7 of the Ombudsman Western Australia (Ombudsman) report titled Investigation into ways to prevent or reduce deaths of children by drowning (Report) which requires me to monitor the compliance of local governments with their inspection obligations and report this to Parliament annually.

Feedback from industry participants regarding Industry Bulletin 71 Paint adhesion to white set plaster has prompted further advice be issued to building practitioners to assist in obtaining a durable and serviceable plaster finish.

This industry bulletin recommends building practitioners enhance or adopt a practice to ensure plasterers engaged by them are preparing and applying plaster to a specified standard at all times and that only materials which conform to the relevant Australian Standards and manufacturers specifications are used for both internal and external plastering.

Local governments are working to clear a backlog of inspections of private pool safety barriers in the wake of an Ombudsman Western Australia report on children drowning.

The law requires that WA local councils inspect private pools in their jurisdiction at least once every four years to ensure they have complying fences or other safety barriers.

In last year’s investigation report on ways to prevent children’s deaths by drowning, the Ombudsman found that 8,639 private swimming pools in the State were overdue for their four-yearly safety barrier inspections as at 30 June 2015.

The Building Commissioner is now gauging the progress of local councils in addressing the backlog of inspections.

The Commissioner’s inaugural progress report, released last week, found that as at
30 June 2018, the number of overdue private pool inspections in WA had reduced to 3,632.

The Progress report: Local government’s four yearly inspections of private swimming pool safety barriers 2017/18 also revealed that two-thirds (68 per cent) of local governments were now up to date with their pool barrier inspections compared to more than half (57 per cent) in 2015.

“The total number of overdue inspections has dropped significantly over the past three years,” Building Commissioner Ken Bowron said.

“While local governments should be applauded for this improvement, progress must continue and everyone must play their part in reducing drowning risks for young children.

“Several local governments reported difficulties with access to some private properties to conduct the inspections. I urge home owners and local authorities to work together to ensure children are as safe as possible in and around all pools.”

Mr Bowron reminded the community that all private swimming and spa pools containing water more than 30cm deep must have a safety barrier that complies with the laws and restricts access by young children.

Tragically, 18 children aged under five drowned in Australia in 2017-18. Of these cases, two-thirds involved swimming pools and the vast majority were related to accidental falls into the water.¹

Non-fatal submersion incidents can also have long-term impacts on children and their families. In a six-year period in WA (2009 to 2015), 34 children died from drowning while more than 2,500 children attended an emergency department or were admitted to hospital following a non-fatal drowning incident.²

“While there’s no substitute for close supervision of children around water, there’s also no doubt that complying pool safety barriers save lives,” Mr Bowron said.

“If you have concerns about whether your barrier complies with the rules, contact your local government in the first instance.”  

The Department of Mines, Industry Regulation and Safety has several useful resources on safety barriers including the Rules for pools and spas booklet, Thinking of installing a swimming pool or spa? guide and a Rules for portable pools checklist.

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Notes:

• The Building Commissioner’s Local government’s four yearly inspections of private swimming pool safety barriers 2017/18 is available at the Building and Energy website. 
• The requirement for local governments to inspect private pool safety barriers is set out in the Building Regulations 2012– section 53(1).
• While some WA rural jurisdictions are excluded from four-yearly inspections, all private pools in the State must still comply with safety barrier laws.

Sources:

1. Royal Life Saving Australia: National Drowning Report 2018
2. Ombudsman Western Australia: Investigation into ways to prevent or reduce deaths of children by drowning

Media contact:  0466 409 828 or bemedia@dmirs.wa.gov.au

The four month transitional period that delayed the application of the bush fire construction requirements of the Building Code of Australia (BCA) for areas that were newly identified as bush fire prone on the Map of Bush Fire Prone Areas 2018 (that came into operation on 1 June 2018) concludes on Sunday 30 September 2018.

From Monday 1 October 2018, applications for building approvals for certain residential buildings in all areas designated as bush fire prone will need to demonstrate compliance with the bush fire construction requirements of the BCA.

Please note that the transition in the Building Regulations 2012 for certain alterations and extensions is not affected by the conclusion of this four month transition.

To view the Map or for further information, please visit the Department of Fire and Emergency Services website.

The Building Services (Registration) Amendment Regulations 2018 (the Amendment Regulations) were published in the Government Gazette on Friday 21 September 2018. The Amendment Regulations can be accessed on the State Law Publisher’s website www.slp.wa.gov.au.

The Department of Mines, Industry Regulation and Safety (DMIRS) contacted all government departments and agencies (agencies) regarding the risk presented by combustible cladding and requested that they undertake audits of their respective portfolios. DMIRS requested that agencies adopt the following as a minimum audit scope:

• all buildings constructed of refurbished after 2000;
• that are three storeys or taller;
• with cladding attached or incorporate; and
• that fall within BCA classes 2, 3, 4 & 9. Several agencies are using more robust scopes than the minimum proposed by DMIRS as an extra precaution. This summary report will be updated on a fortnightly basis.

Mutual recognition

For the purposes of the information provided below, “mutual recognition” refers to the ability of a person who is registered in connection with an occupation in a State, Territory or New Zealand to carry on an equivalent occupation in Western Australia, subject to the provisions of the Mutual Recognition Act 1992 (Cth) or the Trans-Tasman Mutual Recognition Act 1997 (Cth) (“the MR Acts”). The MR Acts are adopted in Western Australia by the Mutual Recognition (Western Australia) Act 2010. 

A centralised licence recognition website has been established by the Commonwealth Department of Education and Training to provide an overview of mutual recognition of occupational licences, access to relevant material, and an equivalency search function.

What you need to know

• Mutual recognition only applies to licensed individuals (not partnerships or bodies corporate).
• The licence (or equivalent) you are seeking to have mutually recognised must be current at the time you seek mutual recognition.
• You must lodge a completed notice in the form provided, seeking registration for the equivalent occupation, pay the required fee and provide evidence of your existing registration. 
• Once you have lodged the notice, you are deemed registered and immediately become subject to all of the licensing and other relevant laws of Western Australia while carrying out the occupation.
• You will be notified in writing of the outcome and are entitled to seek a review of the decision with the Commonwealth Administrative Appeals Tribunal.

Deemed registration

Once you have been deemed registered, you can commence work in your licensed occupation in WA, under the same terms as your interstate/New Zealand authorisation but subject to all local laws which apply to the industry until a formal decision has been made. Any trading requirements under the WA licensing laws regarding insurance, fidelity funds, trust accounts and the like that are designed to protect the public, clients, customers or others will immediately apply and you cannot commence trading in WA without them.

You must familiarise yourself with the applicable occupational licensing legislation in Western Australia, to ensure compliance with the laws that apply to your industry.

What happens once the notice is lodged?

• The Department will make enquiries regarding your licensing history in any State/Territory/New Zealand in which you are currently licensed or registered. 
• Conditions may be imposed on the Western Australian licence to achieve equivalency with the scope of your interstate/New Zealand authorisation. If your interstate/New Zealand licence is subject to any special conditions, those conditions will likely apply in WA.
• The relevant approving authority may refuse or postpone the grant of a licence/registration if the completed notice is materially false or misleading or if the occupation is not considered equivalent (or able to be made equivalent by the imposition of conditions). If you are aggrieved by the decision, you can apply to the Commonwealth Administrative Appeals Tribunal for a review.
• If a decision has not been made to grant, refuse or postpone a validly lodged registration within one month of the date on which it was lodged, you will be entitled to full registration immediately after that time.
• If granted, registration takes effect from the date the completed notice was lodged and all renewals are pursuant to the relevant WA licensing legislation.

Please refer to the drop-down options relating to your licence/registration for the required form(s), fees, and any supplementary requirements you will need to undertake following deemed registration. For further assistance or questions relating to your application, contact Licensing Services on 1300 30 40 64.

The Building Amendment Regulations (No. 2) 2018 (the Amendment Regulations) were published in the Government Gazette on 5 October 2018. The Amendment Regulations create new regulation 31HA in the Building Regulations 2012 (the Regulations). 

The McGowan Government has introduced building regulations to restrict the use of combustible material on building facades of high-risk buildings.

The new building regulations prevent the use of performance solutions by restricting the use of combustible cladding to those that can demonstrate compliance under the Building Code of Australia’s (BCA) new verification method.

This method also includes the requirement for sprinklers in high-risk buildings.

The BCA was updated, in March, to remove any ambiguity around the use of combustible cladding on buildings.

Any combustible cladding proposed to be used on those buildings needs to demonstrate it has passed the large-scale fire test required under Australian Standard AS 5113 or receive approval from the Building Commissioner.

The update to the BCA and the introduction of the new building regulations will substantially prevent the use of dangerous polyethylene (PE) cladding or an expanded polystyrene cladding in a building facade.

These amendments are not retrospective.

Comments attributed to Acting Commerce and Industrial Relations Minister Francis Logan:

“The McGowan Government is taking the issue of cladding very seriously.

“Amendments to the building regulations have been introduced to close any opportunity for developers to get around the non-combustibility requirement for cladding in the BCA.

“The changes will give Western Australians confidence and peace of mind that the cladding of the buildings they occupy is safe.”

Minister's Office: 6552 6700

A Cowaramup-based builder has been fined $1,500 by the Building Services Board for not complying with an order to rectify issues at a property near Mandurah.

The recent penalty against Mark Anthony Wells (BC12740), trading as Mark Wells Designs, follows a separate payment of more than $23,000 last year in relation to the same property.

During 2016, the owner of the Madora Bay home identified several workmanship issues with renovation work and a swimming pool installation carried out by Mr Wells as the builder, at a value of around $273,000.

After unsuccessful attempts to resolve the matter directly with Mr Wells, the owner lodged a complaint with the Building Commission (now Building and Energy).

The Building Commissioner later issued a building remedy order, which required
Mr Wells to rectify the issues within specified timeframes. Some of this work was completed, but a number of items remained outstanding by the due dates.

The remaining items were converted into monetary order and Mr Wells was required to pay $23,489 to the owner. This order was upheld by the State Administrative Tribunal and the full amount has since been paid.

The recent $1,500 fine stems from the Building Services Board’s finding that Mr Wells had fallen short of the standard expected of registered building service contractors by failing to comply with the Building Commissioner’s initial order.

Building Commissioner Ken Bowron welcomed the Board’s decision.

“While Mr Wells’ compliance with some parts of the order should be acknowledged, the Board found that he showed a lack of accountability by not actioning these matters promptly, efficiently and in person,” Mr Bowron said.

“While the vast majority of building service providers carry out their work with diligence and integrity, this outcome should send a clear message that we will take action against those who do not meet their obligations.”

Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

A Duncraig-based pest control company and its director have been fined a total of $3,000 at Perth Magistrates Court for not providing officially requested information about a termite treatment.

Mantis Pest Control and its sole director and secretary, Jefferson Ashley Hetherington, did not attend court on 14 September 2018 when they were found guilty of failing to comply with a written direction from an authorised person under the Building Services (Complaint Resolution and Administration) Act 2011.

The Magistrate imposed a fine of $2,000 against the company, a fine of $1,000 against Mr Hetherington and shared court costs of $724.

The penalty relates to a formal request by an investigator from Building and Energy (formerly the Building Commission) for information about a termite treatment at a property in Clarkson.

The home owner had also unsuccessfully sought documentation about the work from Mantis Pest Control and the builder.

An official direction to provide the information was posted, emailed and personally served to Mr Hetherington, but no response was received by the due date.

Building Commissioner Ken Bowron welcomed the court’s findings.

“Failure to comply with a direction such as this, without reasonable excuse, is not only against the law – it also shows disregard for clients and the vast majority of building service providers who are diligent and do the right thing,” he said.

“We will continue to hold to account and name those who put the public interest and integrity of the building industry at risk.”

For more information, visit the Building and Energy website or contact 1300 489 099.

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Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

An unsigned contract and an excessive deposit have cost a landscaper almost $2,800 in fines and costs, following a prosecution by the Building Commissioner.

At Midland Magistrates Court last month, the man from Ocean Reef pleaded guilty to two breaches of the Home Building Contracts Act 1991.

He was granted a spent conviction and ordered to pay fines totalling $2,200 and costs of $593.80.

The charges related to landscaping, shed construction and fencing work valued at $37,500 at a Swan Valley property. 

The court heard that the landscaper failed to ensure the contract was signed by the property owner, as required by law.

In addition, the quote stated that a 60 per cent deposit was required and the parties agreed to go ahead on that basis. Under the Act, a contract is not permitted to provide for a deposit of more than 6.5 per cent of the total value of the work.

Building Commissioner Ken Bowron said the Act applied to home building and associated work – such as landscaping and installation of garages, sheds and pools – valued between $7,500 and $500,000.

“These laws are designed to protect the interests of both home owners and builders,” he said.

“In this case, an incomplete contract exposed both parties to financial risk, while the deposit was far in excess of the maximum allowed.

“We will continue to hold to account those who put the public interest and integrity of the building industry at risk.”

Visit the Building and Energy website (www.dmirs.wa.gov.au) or contact 1300 489 099 for more information about building laws, rights and responsibilities.

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Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

A Joondanna tradesman who falsely claimed to be a registered painter has been fined $5,000 at Perth Magistrates Court for several offences under WA’s building laws.

Alex Mazloomi, trading as Arios Painting and Decorating, did not appear in court on 5 October when he was found guilty of six charges brought by the Building Commissioner.

The court heard that Mr Mazloomi was not a registered painter when he completed $8,800 worth of painting services at a Dianella home. Under the Building Services (Registration) Act 2011 (BSRA), only registered painters can provide paid painting services valued at more than $1,000.

The contract for the work listed a false painter registration number, which was an additional breach of the BSRA.

Mr Mazloomi also fell foul of the Home Building Contracts Act 1991 (HBCA) because the contract, and a subsequent variation, were not signed by both parties.

In addition, he requested and received a deposit of approximately 17 per cent of the total contract. The HBCA dictates that a deposit must not exceed 6.5 per cent of the value of the work.

Building Commissioner Ken Bowron encouraged home owners to check the Register of Painters (via www.dmirs.wa.gov.au) before signing a contract for painting services with a value exceeding $1,000.

“Registration ensures the painter has appropriate qualifications and skills,” he said.

“I welcome the significant fine imposed in this case as the conduct misled the public and cast a shadow on the registered painters who operate with diligence and integrity.”

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Media contact: 0466 409 828 or bemedia@dmirs.wa.gov.au

West Perth building practitioner Rodney Obeid (BP14339) has been fined $5,000 by the Building Services Board for failing to properly manage and supervise work at an $11 million East Perth apartment development.

Mr Obeid was the nominated supervisor for Nazero Constructions WA, which provided a notice of completion to the City of Perth for the six-storey property in June 2015.

After carrying out a building inspection following complaints about issues at the complex, the City referred the matter to Building and Energy (formerly the Building Commission).

A Building and Energy investigation in October 2017 revealed several defects at the property, including absent or incorrect fire safety measures, a non-compliant fire door and lack of disability access in the rooftop common area.

Mr Obeid has since engaged specialised subcontractors to address the issues at his own expense, after Nazero Constructions was deregistered by the Australian Securities and Investments Commission in December 2017.

At its meeting last month, the Board found Mr Obeid breached the Building Services (Registration) Act 2011 by failing to properly manage and supervise building work, given that applicable building standards had not been met.

Building Commissioner Ken Bowron welcomed the Board’s findings, describing Mr Obeid’s conduct as “unacceptable”.

“This fine reflects the seriousness of the non-compliant areas, which had the potential to cause significant risks to public health and safety in the event of a fire,” he said.

“While I acknowledge Mr Obeid’s cooperation with our investigation and his subsequent remediation efforts, these defects were easily identifiable and this building should not have been declared complete and fit for occupancy.

“This outcome sends a clear message that we will take action against building industry participants who do not meet their obligations, particularly regarding community safety.”

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Media contact:

Sarah Roberts – 0466 409 828 or bemedia@dmirs.wa.gov.au

A Perth plumber has been fined $1,000 by the Plumbers Licensing Board for failing to comply with a rectification notice about drainage and infrastructure issues at a Belmont development.

Joshua Andrew O’Neill (PL7643), the sole director of Redback Contractors Pty Ltd, was subcontracted to provide plumbing and gas services during construction of the seven-unit complex in 2016 and 2017.

Occupants later discovered that the property’s main drain had an insufficient grade to allow correct discharge to the main sewer.

A subsequent site inspection by plumbing inspectors from Building and Energy (formerly the Building Commission) found additional non-compliant items relating to the drainage system, including insufficient overflow relief and an incorrectly located inspection shaft.

A rectification notice was issued for Mr O’Neill to address these concerns. While Mr O’Neill did take action on some issues, he failed to rectify others as required by the notice.

At last month’s Plumbers Licensing Board meeting, Mr O’Neill was fined $1,000 for failing to comply with the rectification notice, which is a requirement of the Plumbers Licensing and Plumbing Standards Regulations 2000.

Building Commissioner Ken Bowron welcomed the Board’s decision.

“Issues with key infrastructure, such as the property’s main drain, have understandably affected the residents and could have further impacts if not rectified,” he said.

“While this is the first time Mr O’Neill has been subject to a compliance action, it is vital that all building service providers meet their obligations, including complying with official orders.

“We will continue to hold to account those who put the public interest and integrity of the building industry at risk.”

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Media contact:

Sarah Roberts – 0466 409 828 or bemedia@dmirs.wa.gov.au

The Department of Mines, Industry Regulation and Safety’s inaugural Annual Report, tabled in Parliament on 19 September 2018, is now available on the website.

The 2017-18 report highlights the department’s key achievements and financial performance for the last financial year and showcases what we do for the community of Western Australia. The report also includes independently audited reports and the department’s governance requirements, such as the Occupational Safety, Health and Injury Management section for which we are the lead agency.

In keeping with the focus on maximising digital content delivery, the department is proud to deliver its annual report online as an interactive microsite.

This year, and for the first time, the department has also developed a concise snapshot called ‘Annual Report in focus’ and all the information contained in this version has been presented in a way that clearly articulates the value created by our department.

DMIRS Director General David Smith said he encouraged all stakeholders to take some time to explore the microsite and report, to learn more about the wide variety of work we do across DMIRS.

The DMIRS 2017-18 Annual Report can be accessed and downloaded from the annual report microsite.

A Perth bathroom renovation company and two of its officers have been fined $5,000 under WA’s building laws in relation to work at homes in Kalamunda and Gwelup.

WA Bathrooms and Tiling Pty Ltd (trading as WA Bathrooms), formerly based in Osborne Park, was convicted in Perth Magistrates Court last month of four charges brought by the Building Commissioner.

The company’s director and general manager, both from the Swan Valley, pleaded guilty to the same charges as individuals.

The court heard that the company, which is not a registered building contractor, entered into a contract to provide a $28,000 bathroom renovation at the Kalamunda property.

Under the Building Services (Registration) Act 2011, building work valued at more than $20,000 and requiring a building permit must be contracted and carried out by a registered building contractor.

The company and its officers also breached the Home Building Contracts Act 1991 by conducting the Kalamunda renovation without a policy of home indemnity insurance.

At the Gwelup property, WA Bathrooms and Tiling entered into two contracts, valued at approximately $14,000 each, to renovate a bathroom and an ensuite.

In response to workmanship concerns raised by the home owner, the Building Commission (now Building and Energy) issued a building remedy order to the company, which breached the Building Services (Complaint Resolution and Administration) Act 2011 by failing to rectify the issues as required.

The court imposed a global fine of $3,000 on WA Bathrooms and Tiling, and $1,000 each on the individuals, as well as costs totalling more than $1,500. The director and general manager were granted spent conviction orders.

During sentencing, the court noted that the company had paid $16,000 to settle with the Kalamunda owner and more than $5,000 in compensation to the Gwelup owner.

Building Commissioner Ken Bowron said the penalty sent a clear message about the importance of registration and protection of consumers.

“Registration is not only a legal requirement for prescribed building work, it also ensures the builder has appropriate qualifications and is likely to have the necessary skills,” Mr Bowron said.

“It appears that a lack of awareness of the statutory requirements was a factor in this case. However, anyone participating in a regulated industry is responsible for finding out about the relevant laws and complying with them.

“I would also encourage home owners to check the Register of Builders, via www.dmirs.wa.gov.au, before selecting a builder or signing any building contract in excess of $20,000.”

Media contact – 0466 409 828 or bemedia@dmirs.wa.gov.au

There are serious health risks caused by exposure to respirable crystalline silica (RCS) for workers in the stone benchtop manufacturing, finishing and installation industries.

Cumulative exposure to RCS may cause serious, debilitating and potentially fatal health effects, including silicosis. RCS is smaller than dust and is invisible to the naked eye. Tiny particles of RCS can get deep into the lungs and cause permanent, progressive lung damage. There is no effective treatment for silicosis.

Health monitoring of workers in the stone benchtop industry in Australia has found numerous cases of workers suffering silicosis.

There are three types of silicosis:

• Acute silicosis results from short-term exposure to very high levels of silica over a period of weeks or months to several years.
• Accelerated silicosis results from 5-10 years’ exposure to high levels of silica. This is becoming more common in workers who work with engineered stone.
• Chronic silicosis results from long term (more than ten years) exposure to lower levels of silica.

The workplace exposure standard for RCS is exceeded when the amount of dust a worker breathes over a full shift contains more RCS than the amount shown here next to the five cent piece. However workers may still suffer adverse effects from lower levels. However workers may still suffer adverse health effects from lower levels of exposure.  Image courtesy of Workplace Health and Safety Queensland

When there is visible dust, workers are almost certainly at risk. Even when there is no visible dust, workers may be at risk.

Whilst this safety and health alert focuses on stone benchtops, the hazards and controls are relevant to the fabrication of other stone products such as cladding or splash-backs. 

Contributing factors

• Silicosis risks are much greater when working with engineered stone as it contains up to 95% crystalline silica while natural stone contains 5-50% crystalline silica.
• Fabricating and installing natural and artificial stone bench tops can release high levels of RCS through cutting, grinding and polishing processes, particularly when dry cutting methods are used.
• Workers can also be exposed to RCS from wet grinding and polishing processes, poor cleaning practices, including dry sweeping of dust, the use of compressed air, using non-H class HEPA filtered vacuum cleaners or by allowing dust to build up within the workplace.
• Workers may not be aware of the hazards and appropriate controls.
• Respirators may not be selected or used appropriately.

Action required

Reduce health risks from RCS as far as practicable using control measures such as the following: 

Engineering controls

1. Do not permit uncontrolled dry cutting, grinding or polishing of natural or engineered stone bench tops.
2. Use wet cutting and grinding methods. Wet spray must be controlled to prevent it becoming airborne. Spray can be controlled by using guards, plastic flaps and brush guarding. Wet waste, contaminated surfaces and contaminated clothing must be managed.
3. Use local exhaust ventilation (LEV) on cutting or grinding equipment. The LEV should:

• Be part of the equipment design
• Be fitted to the individual equipment where dust is generated
• Include an H class dust collector or vacuum
• Use designed hoods or extraction machines.

4. Cleaning and maintenance of LEV fitted equipment must not expose workers to RCS.
5. Where practicable, install whole of workplace ventilation such as extraction systems in addition to wet methods and LEV.
6. Keep the workplace clean using low pressure water, wet wiping or H class vacuums. Dry sweeping methods must not be used. The cleaning must include all areas where silica dust can settle, eg storerooms and yards.

Isolation

7. Isolate processes and workers where RCS is generated or handled.
8. Provide physical barriers between different work processes and work areas. 

Substitution

9. Choose materials with a low percentage crystalline silica content.
10. Choose routers and water jet cutters instead of powered hand tools.

Respiratory protective equipment (RPE)

11. Unless a workplace has undertaken air monitoring to demonstrate there is no residual risk from RCS, (which research shows is unlikely), an RPE program that complies with Australian / New Zealand Standard AS/NZS 1715 must be implemented.
12. The program must include:

• provision of suitable, comfortable RPE
• fit testing where applicable
• a maintenance and repair regime
• provision of information, training and guidance to workers.

13. RPE must be reasonably comfortable for the wearer. Consider providing workers with powered air purifying respirators, which are cooler to wear, given the physical demands of the task and potential for a hot and humid work environment.
14. Workers must wear the RPE whenever they are conducting dust generating processes. Beards and facial stubble prevent the wearer from obtaining a good seal between their face and a respirator. Therefore workers who are required to wear RPE such as close fitting respirators or face masks must be clean shaven.

Samples of respiratory protective equipment (RPE), by Reproduced with permission

Information for workers

15. Workers must be given information, training and instruction with regard to:

• the risks associated with the work and exposure to RCS
• the control measures at the workplace
• correct use and maintenance of control measures, including RPE
• health surveillance requirements.

Consultation with workers

16. Employers must consult with their safety and health representatives (where applicable) and other workers about minimising the risks associated with RCS.

Health surveillance

17. Employers must provide workers with health surveillance if there is risk to a worker’s health as a result of exposure to RCS.
18. Recent air monitoring conducted in Australia has shown that health surveillance is required in all stone bench top fabrication workplaces.
19. Health surveillance must be supervised by an Appointed Medical Practitioner. 

Further information

• The Cancer Council - Preventing workplace cancer
• Department of Mines, Industry Regulation and Safety, WorkSafe - Silica
• Minister for Industrial Relations Queensland – Media statement advising of confirmed cases of silicosis– September 2018
• Safe Work Australia - Health monitoring for exposure to hazardous chemicals – Guide for medical practitioners
• Safe Work Australia – Health monitoring for silica
• Workplace Health and Safety Queensland – Alert – Immediate action required to prevent exposure to silica for engineered stone benchtop workers

For more information on controlling the risk of exposure to respirable crystalline silica call WorkSafe on 1300 307 877.

Acknowledgement

This safety and health alert was adapted with permission from a publication by the Queensland Government.

WorkSafe reminds painting professionals and other contractors that high pressure water cleaning of asbestos cement material is prohibited.

WorkSafe is investigating an incident where a registered painter used a high pressure water cleaner on an asbestos cement roof to prepare it for painting. This resulted in the property and neighbouring properties being contaminated by asbestos.

Cleaning up properties contaminated by asbestos residue from high pressure water cleaning of asbestos cement material is a very expensive process. Clean-up costs of between $7,000 and $50,000 have been reported.

The use of high pressure water on asbestos cement material is prohibited under Regulation 5.14 and Schedule 5.2 of the Occupational Safety and Health Regulations 1996. It is also prohibited under the Health (Asbestos) Regulations 1992 administered by local government authorities.

Contributing factors

• Using high pressure water cleaners on asbestos cement breaks down the surface of the material, and spreads asbestos-containing residue over a wide area, including neighbouring properties.
• The asbestos residue that is dispersed as a result of the cleaning is considered friable and easily releases respirable asbestos fibres which pose a significant risk to health.
• Local Government Authorities can declare affected properties to be contaminated under the Contaminated Sites Act 2003. This Act imposes additional requirements for cleaning up asbestos-contaminated soil.
• Asbestos-containing residue from high pressure cleaning of asbestos cement must be cleaned up by an asbestos removalist holding an unrestricted licence.  There are also requirements for collection and testing of samples from affected areas to ensure affected properties have been adequately cleaned up.
• Workers engaged to paint asbestos cement surfaces may have been inadequately trained in identification of asbestos containing materials and appropriate safe work methods for cleaning and painting such materials.

Action required

1. Do not use high pressure water blasters on asbestos cement material.
2. People seeking to paint asbestos cement material such as roof sheeting that needs to be cleaned prior to painting can only use non-abrasive preparation techniques such as the use of cleaning solutions that can be applied and washed off with low pressure water.
3. Painters intending to paint asbestos cement material should consult paint manufacturers to obtain further information on suitable alternative preparation techniques.
4. If the asbestos cement material is in poor condition, replacement is recommended instead of painting.
5. Ensure workers engaged to clean or paint asbestos containing materials have been informed about the hazards and safe work method for the task.
6. Where asbestos containing material is present at a workplace, an asbestos register must be available and used in planning work that may disturb the material.          

Further information

• Occupational Safety and Health Regulations 1996 – Regulation 5.14 and Schedule 5.2
• Health (Asbestos) Regulations 1992
• National Code of Practice for the Management and control of asbestos in workplaces [NOHSC: 2018(2005)] – See Appendix E: Sealing, Painting, Coating and Cleaning of Asbestos Cement Products
• Workplace Health and Safety Queensland – High pressure water spray on asbestos roof

Our offices will be closed from Monday 24 December 2018 to Wednesday 2 January 2019.

Normal services will return on Thursday 3 January 2019.

For urgent enquiries please visit the contact us page. You can still renew your licence on our website at any time.