407—Frequency of biological monitoring
(1) A
person conducting a business or undertaking at a workplace must arrange for
biological monitoring of each worker who carries out lead risk work for the
person to be carried out at the following times:
(a) for
the period up to and including 30 June 2021—
(i)
in the case of females not of reproductive capacity and
males—
(A) if the last monitoring shows a blood
lead level of less than
30μg/dL (1.45μmol/L)—6 months after the last
biological monitoring of the worker; or
(B) if the last monitoring shows a blood
lead level of 30μg/dL (1.45μmol/L) or more but less than
40μg/dL (1.93μmol/L)—3 months after the last biological
monitoring of the worker; or
(C) if the last monitoring shows a blood
lead level of 40μg/dL (1.93μmol/L) or more—6 weeks after
the last biological monitoring of the worker;
(ii)
in the case of females of reproductive capacity—
(A) if the last monitoring shows a blood
lead level of less than
10μg/dL (0.48μmol/L)—3 months after the last
biological monitoring of the worker; or
(B) if the last monitoring shows a blood
lead level of 10μg/dL (0.48μmol/L) or more—6 weeks
after the last biological monitoring of the worker; or
(b) from
1 July 2021—
(i)
in the case of females not of reproductive capacity and
males—
(A) if the last monitoring shows a blood
lead level of less than
10μg/dL (0.48μmol/L)—6 months after the last
biological monitoring of the worker; or
(B) if the last monitoring shows a blood
lead level of 10μg/dL (0.48μmol/L) or more but less than
20μg/dL (0.97μmol/L)—3 months after the last
biological monitoring of the worker; or
(C) if the last monitoring shows a blood
lead level of 20μg/dL (0.97μmol/L) or more—6 weeks
after the last biological monitoring of the worker;
(ii)
in the case of females of reproductive capacity—
(A) if the last monitoring shows a blood
lead level of less than 5μg/dL (0.24μmol/L)—3 months
after the last biological monitoring of the worker; or
(B) if the last monitoring shows a blood
lead level of 5μg/dL (0.24μmol/L) or more but less than
10μg/dL (0.48μmol/L)—6 weeks after the last
biological monitoring of the worker.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) The person must
increase the frequency of biological monitoring of a worker who carries out
lead risk work if the worker carries out an activity that is likely to
significantly change the nature or increase the duration or frequency of the
worker's lead exposure.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(3) The regulator may
determine a different frequency for biological monitoring of workers at a
workplace, or a class of workers, carrying out lead risk work having regard
to—
(a) the
nature of the work and the likely duration and frequency of the workers' lead
exposure; and
(b) the
likelihood that the blood lead level of the workers will significantly
increase.
(4) The regulator must
give a person conducting a business or undertaking written notice of a
determination under subregulation (3) within 14 days after making
the determination.
(5) The
person conducting a business or undertaking at the workplace must arrange for
biological monitoring to be carried out at the frequency stated in a
determination notified to the person under subregulation (4).
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
Note—
A determination of a different frequency for biological monitoring is a
reviewable decision (see regulation 676).