Regulations 368–378: WHS Health Monitoring

Regulatory citation: Model Work Health and Safety Regulations, Part 7.1, Division 6, Regulations 368 to 378 (Health monitoring), and Schedule 14

What Is WHS Health Monitoring?

Health monitoring means monitoring a worker to identify changes in their health status because of exposure to certain substances. Regulations 368 to 378 of the model Work Health and Safety Regulations set out when a PCBU must provide health monitoring for workers using, handling, generating or storing hazardous chemicals, and how it must be run. Separate health monitoring rules apply to lead risk work, asbestos work and high risk crystalline silica processing.

Why Health Monitoring Matters

Health monitoring can catch early signs of harm, such as changes in lung function or blood results, before a worker becomes seriously ill. It also tells the PCBU whether its control measures are actually working.

Core Obligations

1. Know When Monitoring Is Required (Regulation 368)

Health monitoring is required where a worker is carrying out ongoing work using, handling, generating or storing a hazardous chemical listed in Schedule 14, Table 14.1, and there is a significant risk to the worker's health. Crystalline silica is one of the listed chemicals. It is also required for other hazardous chemicals where there is a significant risk and a valid way of detecting health effects exists.

2. Tell Workers Before They Start (Regulation 369)

The PCBU must inform workers, and prospective workers, about the health monitoring requirements before they start work that triggers them.

3. Use a Qualified Medical Practitioner (Regulations 370 and 371)

Health monitoring must be carried out by or under the supervision of a registered medical practitioner with experience in health monitoring. The PCBU should consult the worker when choosing the practitioner.

4. Pay for Monitoring (Regulation 372)

The PCBU must pay for health monitoring. Where more than one PCBU has the same duty for a worker, the costs are shared equally unless they agree otherwise.

5. Give the Practitioner the Right Information (Regulation 373)

The PCBU must give the practitioner information such as the worker's name and date of birth, a description of the work, and the hazardous chemicals the worker is exposed to.

6. Obtain and Share the Report (Regulations 374, 375 and 377)

The PCBU must take reasonable steps to get the health monitoring report from the practitioner as soon as practicable after monitoring. A copy must be given to the worker as soon as practicable, and to any other PCBU with the same health monitoring duty.

7. Notify the Regulator of Adverse Results (Regulation 376)

If the report shows the worker may have a disease, injury or illness caused by the work, or recommends remedial measures, the PCBU must give the regulator a copy as soon as practicable.

8. Keep Records for 30 Years (Regulation 378)

Health monitoring reports must be kept as confidential records for at least 30 years after the record is made. They must not be disclosed without the worker's written consent unless the law allows it.

Other Health Monitoring Rules

• Lead: blood lead monitoring before a worker starts lead risk work and one month later, then at set intervals, with removal from work at set blood lead levels
• Asbestos: health monitoring for licensed asbestos removal workers and others doing ongoing asbestos work that poses a risk
• Crystalline silica: health monitoring for high risk crystalline silica processing, including a respiratory questionnaire, lung function tests and chest X-ray

Common Compliance Approaches

Map Exposures to Schedule 14

List the hazardous chemicals at each site and check them against Schedule 14 and your risk assessments to decide who needs monitoring.

Act on the Results

Treat an adverse result as a sign that controls may have failed. Review ventilation, work methods and PPE, and consult workers and health and safety representatives.

Example: Health Monitoring in Practice

A precast concrete plant cuts and grinds concrete panels every day. Its risk assessment finds a significant risk from respirable crystalline silica, so it arranges health monitoring through an occupational physician. Workers are told about the program before they start and complete a respiratory questionnaire, lung function tests and a chest X-ray. One worker's lung function has dropped, so the physician recommends remedial measures. The plant sends the report to the regulator, upgrades its dust extraction and keeps the report confidentially for 30 years.

Related regulations: WHS hazardous chemicals, WHS lead regulations, WHS asbestos regulations.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Each state and territory adopts them through its own legislation, and Victoria has its own OHS laws. Safe Work Australia publishes health monitoring guides for each Schedule 14 chemical. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Is health monitoring the same as air monitoring?

No. Air monitoring measures contaminant levels in the workplace air. Health monitoring checks the worker's health for signs of exposure.

Who pays for WHS health monitoring?

The PCBU. If several PCBUs share the duty for the same worker, costs are split equally unless they agree otherwise.

How long must health monitoring records be kept?

At least 30 years, as confidential records. Asbestos health monitoring records have a longer retention period.