Victorian Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATIONS 2017 - REG 199

Reg. 199(1) amended by S.R. No. 71/2018 reg. 10(1).

    (1)     Subject to subregulation (1A), an employer must immediately remove an employee from lead-risk work if—

        (a)     the results of biological monitoring reveal that the blood lead level of the employee is at or exceeding—

              (i)     for a woman not of reproductive capacity or a man, 2·41 micromoles/litre (50 micrograms/decilitre); or

              (ii)     for a woman of reproductive capacity, 0·97 micromoles/litre (20 micrograms/decilitre); or

              (iii)     for a woman who is pregnant or breastfeeding, 0·72 micromoles/litre (15 micrograms/decilitre); or

        (b)     following a medical examination by a registered medical practitioner, the practitioner is of the opinion that the employee must be removed from the work; or

        (c)     there is an indication that risk control measures have failed and, as a result, it is likely that the blood lead level of the employee will reach or exceed the levels set out in paragraph (a).

Note

Act compliance—section 21 (see regulation 7).

Reg. 199(1A) inserted by S.R. No. 71/2018 reg. 10(2).

    (1A)     On and from the date that is the 2-year anniversary of the commencement of the Occupational Health and Safety Amendment Regulations 2018, an employer must immediately remove an employee from lead‑risk work if—

        (a)     the results of biological monitoring reveal that the blood lead level of the employee is at or exceeding—

              (i)     for a woman not of reproductive capacity or a man, 1·45 micromoles/litre (30 micrograms/decilitre); or

              (ii)     for a woman of reproductive capacity, 0·48 micromoles/litre (10 micrograms/decilitre); or

        (b)     following a medical examination by a registered medical practitioner, the practitioner is of the opinion that the employee must be removed from the work; or

        (c)     there is an indication that risk control measures have failed and, as a result, it is likely that the blood lead level of the employee will reach or exceed the levels set out in paragraph (a).

Note

Act compliance—section 21 (see regulation 7).

    (2)     In this regulation the duties of an employer in relation to removal of an employee from lead-risk work extend to an independent contractor.

Note

Act compliance—section 23 (see regulation 7).