Industrial Relations Minister Grace Grace has approved Queensland’s new Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements Code of Practice 2022.

The new Code is Australia’s first silica dust code of practice for the construction industry and will commence in Queensland on 1 May 2023. It applies to all construction work as well as the manufacturing of materials such as bricks, blocks, tiles, mortar and concrete.

The Code outlines how duty holders can meet the requirements of Queensland’s work health and safety legislation, including eliminating or minimising exposure to respirable crystalline silica (RCS) at work by:

  • using tried and tested dust control methods that prevent silica dust from being generated or being released into the air, including water suppression and on-tool dust extraction
  • using appropriate respirable protective equipment to safeguard at-risk workers
  • using exposure data from air monitoring to check dust controls are effective
  • providing health monitoring to at-risk workers, with clearly defined triggers for testing based on level of risk
  • consulting with workers, as well as training, education, instruction and supervision of workers.

The Code was developed in close consultation with workers, employers and technical experts across Queensland, building on international best practice to ensure silica dust is managed safely and workers are protected in the construction industry and the manufacturing of construction materials.

 

What is the Code?

The Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements Code of Practice 2022 (the Code) is an approved code of practice under the Work Health and Safety Act 2011 (WHS Act).

The Code is a practical guide on how to meet your legislative obligations to manage the risk of exposure to respirable crystalline silica (RCS) in construction work, and the manufacturing of construction elements.

Under section 26A of the WHS Act, a person conducting a business or undertaking (PCBU) must:

  • comply with an approved code of practice; or
  • manage hazards and risks arising from the work carried out as part of the business or undertaking in a way that is different to the code but provides an equivalent or higher standard of work health and safety than the standard required in the code.

Further information on the role of approved codes of practice in Queensland is provided in the Foreword to the Code.


What is RCS?

Crystalline silica is a common mineral found in many building materials, such as:

  • bricks, blocks, pavers, tiles and mortar
  • concrete and cement, including products such as fibre-cement sheeting and autoclaved-aerated concrete
  • most rocks, sands, and clays.

Tasks such as cutting, sawing, grinding, drilling, polishing, scabbling or crushing materials that contain crystalline silica can generate respirable crystalline silica (RCS).

RCS particles are so small they cannot be seen under ordinary lighting and stay airborne long after larger particles have settled to the ground – the small particle size means it is easily inhaled deep into the lungs (<10 µm).

Inhaling RCS can lead to silicosis, an incurable lung disease that can lead to disability and death. RCS can also contribute to lung cancer, renal cancer and chronic obstructive pulmonary disease (COPD).

Silicosis usually follows exposure to RCS over many years, but extremely high exposures across the short-term can cause it to develop rapidly.

The symptoms of silicosis include:

  • shortness of breath
  • severe cough
  • weakness.


What does the Code apply to?

The Code applies to all construction work and manufacturing of construction elements, and workplaces covered by the WHS Act where this work is undertaken.

The Code concerns construction work and the manufacturing of construction elements when it involves both:

  • the use of materials that contain 1 per cent or more crystalline silica
  • tasks that generate dust containing RCS, or more RCS airborne.

The Code commences on 1 May 2023.


What duties does the PCBU have?

PCBUs have a duty to ensure, so far as is reasonably practicable, the health and safety of each worker while at work.

This includes a legal duty on the PCBU to manage risks to health and safety associated with using, handling, generating or storing a hazardous chemical at work - including respirable crystalline silica (RCS).

The PCBU has other legal duties that determine how they must manage the risk of exposure to RCS, including but not limited to:

  • duty to make sure no person at the workplace is exposed to RCS at a level above the workplace exposure standard (WES)
  • duty to make sure air monitoring is carried out if:
    • they are not certain, on reasonable grounds, the workplace exposure standard has been exceeded
    • monitoring is needed to determine if there is a risk to health.
  • duty to make sure health monitoring is carried out if there is an ongoing significant risk to a worker’s health from exposure to RCS.

PCBUs must adopt a risk management process, including eliminating exposure to RCS, so far as is reasonably practicable, or if it is not reasonably practicable to eliminate exposure to RCS, by minimising it so far as is reasonably practicable.

To meet their health and safety obligations, PCBUs need to:

  1. Identify RCS hazards - see Sections 4 and 5 of the Code.
  2. Choose the right controls - see Section 6 of the Code.
  3. Monitor and review the controls - see Sections 9 and 11 of the Code.


What contains crystalline silica?

Many common materials used in construction and manufacturing contain crystalline silica, for example:

  • bricks
  • concrete
  • engineered stone
  • natural stone (e.g., granite or sandstone)
  • fibre cement sheets.

Common construction and manufacturing materials that contain less than one per cent crystalline silica include, but are not limited to:

  • wood
  • glass
  • metals, such as iron, steel, copper and aluminium
  • most plastics.

Section 5.1 of the Code outlines what steps the PCBU can take to identify the crystalline silica content or the materials in use. These include:

  • checking the information provided by the manufacturer, supplier, or importer (such as a technical / safety data sheet
  • contacting the manufacturer, supplier or importer for the information, if not readily available
  • having the material tested by a NATA (National Association of Testing Authorities) accredited facility.

If the PCBU is unable to find out whether a material does contain one per cent or more crystalline silica, the PCBU should presume that it does contain one per cent or more crystalline silica.

Construction work that involves earthmoving (such as digging trenches or tunnelling) can also involve a risk of RCS exposure, as many common materials found under the ground contain crystalline silica, such as:

  • most rocks, sands and clays
  • granite
  • sandstone.

Section 5.1 of the Code identifies a number of tests that can confirm the materials present in the earth that will be moved, processed or disturbed.


Fit Testing

Under WHS Regulation section 44, the PCBU must ensure that any personal protective equipment (this includes RPE) is:

  • suitable having regard to the nature of the work and any hazard associated with the work; and
  • a suitable size, fit and reasonably comfortable for the worker.

Fit-testing is required for all tight-fitting RPE to ensure it is a suitable size, fit and reasonably comfortable for the worker. This includes:

  • All types of disposable and reusable half-face RPE, including negative pressure, powered air purifying and airline/air-fed types; and
  • All types of full face RPE, including negative pressure, powered air purifying and airline/air-fed types.

Section 7.6.2 of the Code provides information on the three methodologies for fit-testing, including qualitative and quantitative methods. This section provides a table outlining what methodologies are suitable for different specific types of RPE.

Section 7.6.2 also provides information on how frequent fit-testing should be, and who is competent to provide fit-testing.

Note: PCBUs should ensure workers who undergo fit-testing, or are required to wear tight-fitting respiratorsduring work, are clean-shaven or have no hair between their face and the seal of the respirator face piece (this can interfere with a proper fit). However, loose-fitting RPE can be used with facial hair.


For Workers

The Code provides a practical guide to achieving the standards of health, safety and welfare required under the WHS Act and WHS Regulation.

It should be noted that section 26A of the WHS Act, concerning compliance with codes of practice, applies to PCBUs and not workers.

However, the Code remains a useful source of information for workers on RCS hazards at the workplace and effective dust controls.


Workers' Duties

Parts 3.1 and 3.2 provide tables of duties in construction work and manufacturing, including workers’ duties.

These includes the requirements for workers to:

  • take reasonable care for their own work health and safety
  • ensure their actions or lack of action does not harm others
  • follow reasonable health and safety instructions, policies or procedures. If workers believe these are not adequate, they should provide this feedback, in a reasonable way, to their supervisor or HSR(s).

For example, workers should use any dust control methods provided by the PCBU for a task, so far as they are reasonably able, including RPE.

 

For further information, view the WorkSafe QLD article about this here