Obligations to Undertake Air Monitoring under the Work Health and Safety Laws

The Work Health and Safety Regulation 2011 (ACT), section 50 requires a person conducting a business or undertaking (PCBU) to carry out air monitoring at the workplace to monitor airborne contaminant levels. Commonly known airborne contaminants in the construction industry include silica dust and welding fumes.

Air monitoring is required if the PCBU is not certain whether the contaminant level at the workplace exceeds the respective workplace exposure standard. A PCBU must also conduct air monitoring, if necessary, to determine whether there is a risk to a worker’s health.

When and how often air monitoring is required

Whilst the WHS legislation stipulates the legal requirement, the WHS Codes of Practice set out practical guidance to assist PCBUs in fulfilling their legal obligations. For example, the Silica Dust Code of Practice recommends that a PCBU should undertake baseline air monitoring when commencing work involving crystalline silica material.  After a baseline is established, air monitoring should be undertaken at least every 12 months, or a triggering event occurs.  Trigger events include:

• changes to work practices, e.g. redesign of work process, changes to control measures, which may reasonably be expected to result in new risks;
• a health monitoring report indicating an adverse result in circumstances where the baseline or previous monitoring reports for that worker did not indicate any abnormality;
• a HSR requests a review of control measures; or
• the results of worker consultation indicate monitoring is required.

Record keeping

Where required air monitoring is undertaken, PCBUs must ensure that the results of air monitoring are recorded in writing and kept for 30 years after the date the record is made. PCBUs must ensure the results are readily accessible to workers who may be exposed to the harmful substance.

The air monitoring report must also be made available to a WHS inspector on request and to a registered medical practitioner carrying out or supervising health monitoring.

Need assistance to understand your work safety and safety obligations? Please reach out to our Workplace Relations and Legal team on 02 6175 5900.