Asbestos in Quarries
Impact of Asbestos Legislation
Since the completion of the review of the Occupational Health and Safety Act 2004, the CMPA has been working with WorkSafe to ensure that the definition of asbestos ensures that sites can still operate in ultramafic sources.
To this end, numerous submissions, investigations and meetings have occurred to clarify the position that industry is in, and how to resolve this matter without compromising the safety of its employees and others.
Following are the key points:
- The CMPA, MCA (Vic) and CCAA made comments in relation to this matter to WorkCover
- There are occurrences of naturally occurring asbestos in Victoria within ultramafic sources
- There is an exclusion written by NOHSC for asbestos encountered during non-asbestos mining
- Naturally occurring asbestos will be incorporated into any definition to prevent an asbestos mine being opened
Recently the revised OHS Regulations – Asbestos chapter was received by the CMPA. It would appear that the concerns of industry have been listened to, in that:
- It is recognised that it is impossible to remove all asbestos in Victoria
- Asbestos-contaminated dust has been defined in the regulation, however does not require any strict testing protocol. It notes that any dust must equal or exceed trace levels.
- The reference point of 0.001% (or 5 fibres/slide) is used for recycled materials.
- Asbestos encountered during non-asbestos mining can be supplied, stored, transported, sold and used. This allowance (exemption) is in accordance with the national recommendations.
- Part 7 (covering activities involving asbestos) will only apply when airborne asbestos fibres are in excess of one half of the exposure standard
Overall, this is the best possible response. It appears that it will be legal to operate, process and on-sell material from an ultramafic source which is unlikely to release asbestos fibres.
Likewise, it will not be allowable to operate, process and sell material from a source with a high asbestos mineral content.
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