Work Health and Safety (Mines) Regulations 2022
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Work Health and Safety (Mines) Regulations 2022
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Schedule 10 — Prohibited carcinogens, restricted carcinogens and restricted hazardous chemicals
[r. 340 and 380 to 384]
Note for this Schedule:
The prohibition of the use of carcinogens listed in Table 10.1 column 2 and the restriction of the use of carcinogens listed in Table 10.2 column 2 apply to the pure substance and where the substance is present in a mixture at a concentration greater than 0.1%, unless otherwise specified.
Table 10.1 — Prohibited carcinogens
| Column 1<br>Item | Column 2<br>Prohibited carcinogen [CAS number] | | 1. | 2‑Acetylaminofluorene [53‑96‑3] | | 2. | Aflatoxins | | 3. | 4‑Aminodiphenyl [92‑67‑1] | | 4. | Benzidine [92‑87‑5] and its salts (including benzidine dihydrochloride [531‑85‑1]) | | 5. | bis(Chloromethyl) ether [542‑88‑1] | | 6. | Chloromethyl methyl ether [107‑30‑2] (technical grade which contains bis(chloromethyl) ether) | | 7. | 4‑Dimethylaminoazobenzene [60‑11‑7] (Dimethyl Yellow) | | 8. | 2‑Naphthylamine [91‑59‑8] and its salts | | 9. | 4‑Nitrodiphenyl [92‑93‑3] |
Table 10.2 — Restricted carcinogens
| Column 1<br>Item | Column 2<br>Restricted carcinogen [CAS Number] | Column 3<br>Restricted use | | 1. | Acrylonitrile [107‑13‑1] | All | | 2. | Benzene [71‑43‑2] | All uses involving benzene as a feedstock containing more than 50% of benzene by volume<br>Genuine research or analysis | | 3. | Cyclophosphamide [50‑18‑0] | When used in preparation for therapeutic use in hospitals and oncological treatment facilities, and in manufacturing operations<br>Genuine research or analysis | | 4. | 3,3’‑Dichlorobenzidine [91‑94‑1] and its salts (including 3,3’‑Dichlorobenzidine dihydrochloride [612‑83‑9]) | All | | 5. | Diethyl sulfate [64‑67‑5] | All | | 6. | Dimethyl sulfate [77‑78‑1] | All | | 7. | Ethylene dibromide [106‑93‑4] | When used as a fumigant<br>Genuine research or analysis | | 8. | 4,4’‑Methylene bis(2‑chloroaniline) [101‑14‑4] MOCA | All | | 9. | 3‑Propiolactone [57‑57‑8] (Beta‑propiolactone) | All | | 10. | o‑Toluidine [95‑53‑4] and o‑Toluidine hydrochloride [636‑21‑5] | All | | 11. | Vinyl chloride monomer [75‑01‑4] | All |
Table 10.3 — Restricted hazardous chemicals
| Column 1<br>Item | Column 2<br>Restricted hazardous chemical | Column 3<br>Restricted use | | 1. | Antimony and its compounds | For abrasive blasting at a concentration of greater than 0.1% as antimony | | 2. | Arsenic and its compounds | For abrasive blasting at a concentration of greater than 0.1% as arsenic<br>For spray painting | | 3. | Benzene (benzol), if the substance contains more than 1% by volume | For spray painting | | 4. | Beryllium and its compounds | For abrasive blasting at a concentration of greater than 0.1% as beryllium | | 5. | Cadmium and its compounds | For abrasive blasting at a concentration of greater than 0.1% as cadmium | | 6. | Carbon disulphide (carbon bisulphide) | For spray painting | | 7. | Chromate | For wet abrasive blasting | | 8. | Chromium and its compounds | For abrasive blasting at a concentration of greater than 0.5% (except as specified for wet blasting) as chromium | | 9. | Cobalt and its compounds | For abrasive blasting at a concentration of greater than 0.1% as cobalt | | 10. | Free silica (crystalline silicon dioxide) | For abrasive blasting at a concentration of greater than 1% | | 11. | Lead and compounds | For abrasive blasting at a concentration of greater than 0.1% as lead or which would expose the operator to levels in excess of those set in the regulations covering lead | | 12. | Lead carbonate | For spray painting | | 13. | Methanol (methyl alcohol), if the substance contains more than 1% by volume | For spray painting | | 14. | Nickel and its compounds | For abrasive blasting at a concentration of greater than 0.1% as nickel | | 15. | Nitrates | For wet abrasive blasting | | 16. | Nitrites | For wet abrasive blasting | | 17. | Radioactive substance of any kind where the level of radiation exceeds 1 Bq/g | For abrasive blasting, so far as is reasonably practicable | | 18. | Tetrachloroethane | For spray painting | | 19. | Tetrachloromethane (carbon tetrachloride) | For spray painting | | 20. | Tin and its compounds | For abrasive blasting at a concentration of greater than 0.1% as tin | | 21. | Tributyl tin | For spray painting |
Note for this Table:
Regulation 382 deals with polychlorinated biphenyls (PCBs).
Schedule 11 — Not used
Schedule 12 — Not used
Schedule 13 — Not used
Schedule 14 — Requirements for health monitoring
[r. 368, 370 and 406]
Table 14.1 — Hazardous chemicals (other than lead) requiring health monitoring
| Column 1<br>Item | Column 2<br>Hazardous chemical | Column 3<br>Type of health monitoring | | 1. | Acrylonitrile | Demographic, medical and occupational history<br>Records of personal exposure<br>Physical examination | | 2. | Arsenic (inorganic) | Demographic, medical and occupational history<br>Records of personal exposure<br>Physical examination with emphasis on the peripheral nervous system and skin<br>Urinary inorganic arsenic | | 3. | Benzene | Demographic, medical and occupational history<br>Records of personal exposure<br>Physical examination<br>Baseline blood sample for haematological profile | | 4. | Cadmium | Demographic, medical and occupational history<br>Records of personal exposure<br>Physical examination with emphasis on the respiratory system<br>Standard respiratory questionnaire to be completed<br>Standardised respiratory function tests including for example, FEV1, FVC and FEV1/FVC<br>Urinary cadmium and β2‑microglobulin<br>Health advice, including counselling on the effect of smoking on cadmium exposure | | 5. | Chromium (inorganic) | Demographic, medical and occupational history<br>Physical examination with emphasis on the respiratory system and skin<br>Weekly skin inspection of hands and forearms by a competent person | | 6. | Creosote | Demographic, medical and occupational history<br>Health advice, including recognition of photosensitivity and skin changes<br>Physical examination with emphasis on the neurological system and skin, noting any abnormal lesions and evidence of skin sensitisation<br>Records of personal exposure, including photosensitivity | | 7. | Crystalline silica | Demographic, medical and occupational history<br>Records of personal exposure<br>Standardised respiratory questionnaire to be completed<br>Standardised respiratory function test, for example, FEV1, FVC and FEV1/FVC<br>Low dose high resolution computed tomography of the chest at less than 1 millisievert equivalent dose for the entire study. The study must image the whole of each lung on inspiration at 1.5 mm slice thickness or less, without an interslice gap, and must include expiratory imaging. The images must be of adequate quality to detect subtle abnormalities, including groundglass opacities and small nodules. | | 8. | Isocyanates | Demographic, medical and occupational history<br>Completion of a standardised respiratory questionnaire<br>Physical examination of the respiratory system and skin<br>Standardised respiratory function tests, for example, FEV1, FVC and FEV1/FVC | | 9. | Mercury (inorganic) | Demographic, medical and occupational history<br>Physical examination with emphasis on dermatological, gastrointestinal, neurological and renal systems<br>Urinary inorganic mercury | | 10. | 4,4’‑Methylene bis (2 chloroaniline) (MOCA) | Demographic, medical and occupational history<br>Physical examination<br>Urinary total MOCA<br>Dipstick analysis of urine for haematuria<br>Urine cytology | | 11. | Organophosphate pesticides | Demographic, medical and occupational history including pattern of use<br>Physical examination<br>Baseline estimation of red cell and plasma cholinesterase activity levels by the Ellman or equivalent method<br>Estimation of red cell and plasma cholinesterase activity towards the end of the working day on which organophosphate pesticides have been used | | 12. | Pentachlorophenol (PCP) | Demographic, medical and occupational history<br>Records of personal exposure<br>Physical examination with emphasis on the skin, noting any abnormal lesions or effects of irritancy<br>Urinary total pentachlorophenol<br>Dipstick urinalysis for haematuria and proteinuria | | 13. | Polycyclic aromatic hydrocarbons (PAH) | Demographic, medical and occupational history<br>Physical examination<br>Records of personal exposure, including photosensitivity<br>Health advice, including recognition of photosensitivity and skin changes | | 14. | Thallium | Demographic, medical and occupational history<br>Physical examination<br>Urinary thallium | | 15. | Vinyl chloride | Demographic, medical and occupational history<br>Physical examination<br>Records of personal exposure |
Table 14.2 — Lead requiring health monitoring
| Column 1<br>Item | Column 2<br>Lead | Column 3<br>Type of health monitoring | | 1. | Lead (inorganic) | Demographic, medical and occupational history<br>Physical examination<br>Biological monitoring |
Schedule 15 — Not used
Schedule 16 — Not used
Schedule 17 — Not used
Schedule 18 — Not used
Schedule 18A — Forms
[r. 701]
1. Entry warrant
Notes to Form 1:
An entry warrant may be executed by any inspector (s. 166B of the Act).
The grounds on which a JP may issue an entry warrant are set out in s. 167(4) of the Act.
The execution period must not exceed 30 days (s. 167(5)(f) of the Act).