In advice to WHS Ministers around the country, Safe Work Australia (SWA) has proposed significantly lower workplace exposure limits (WELs) for nine chemicals based upon the information in a Decision Regulatory Impact Statement (DRIS). Crucially for SPASA members, airborne Chlorine is one of the nine chemicals.
This decision will have profound consequences on pool shops, service businesses, manufacturers, and public pool operators across Australia. These impacts include higher water prices, compliance costs for and divert investment away from the delivery of essential infrastructure for housing and represent an example of unnecessary regulatory burden that will reduce productivity.
Much of the discussion and focus of consultation submissions has been regarding a further reduction to respirable crystalline silica WELs. However SPASA has focused on the proposed changes to airborne Chlorine WELs.
Currently, the WEL for airborne Chlorine is a peak exposure limitation of 1 ppm (3 mg/m3). If adopted the new exposure limits would reduce peak exposure to 0.4 ppm (1.16mg/m3) and introduce a time-weighted-average exposure limit of 0.1 ppm (0.29 mg/m3).
An 8-hr time weighted average (TWA) is the maximum average concentration of an airborne contaminant calculated for an eight-hour working day, based on a 5-day working week (40 hours).
A peak limitation is the maximum or peak concentration of an airborne contaminant measured over the shortest time possible, and not exceeding 15 minutes.
These changes would make Australia’s WELs for airborne Chlorine among the lowest in the world.
In its advice to Ministers, SWA has also recommended an implementation timeline of 1 December 2026. SPASA believes this is an extremely short timeline when you consider the extent of works which could be required to meet regulatory requirements, in terms of retrofitting, technology acquisition, implementation and training.
One of SPASA’s primary concerns is that if these exposure limits are introduced, in the timeframe proposed, then not only will it have significant impact to small and family businesses throughout Australia, but they may also have serious ramifications for the viability of public and council pool operations as they will likely be unable to meet the required levels without extensive and expensive retrofitting works and technology implementation.
SPASA has written to the WHS Ministers to outlined our concerns, and ask them to exclude chlorine from the nine chemicals and retain the current limits until further targeted consultation, research and engagement is undertaken with the swimming pool industry and aquatics facilities operators, to fully determine the most appropriate exposure limits, and develop an implementation timeframe that can feasibly be met by all stakeholders
SPASA, and other organisations, have raised concerns about the accuracy of the DRIS and its capacity to provide a sound basis for regulatory action. There is uncertainty within the report regarding identified and quantified benefits of lowering the WELs. There is a further concern regarding the feasibility of real-time measurement to the level of accuracy required.
SPASA has highlighted to Ministers the industry and community impact of these changes, along with the short timeframe for implementation. We have also raised concerns regarding the impact to many sections of our industry including:
Public Pools, which may need significant retrofitting and monitoring upgrades to comply,
Pool Shops, where storage areas may also require upgraded ventilation and monitoring,
Service Businesses, who will need monitoring and upgrades, increasing work times,
Manufacturers, who will need test area ventilation and monitoring upgrades,
As well as broader compliance impact concerns of time, training availability, costs, and delays.
Members are welcome to read SPASA’s letter to WHS Ministers here.
SPASA understands state and federal WHS ministers are voting on this decision in the near future, and will keep members updated on their decision.
If members have further questions, please contact Policy Manager, Ben Makepeace [email protected]