Updated August 2024
Workplace exposure standards (WES) relate to the level of airborne contaminants present in the air, for mixtures and substances that can cause harm to health.
Any business that uses or produces dusts, fibres, gases, fumes, vapours or mists need to understand their legal obligations to manage these airborne contaminants.
Businesses are required to ensure that exposure to airborne contaminants is eliminated or minimised so far as is reasonably practicable.
In addition, Regulation 49 of the Model WHS Laws establishes that “a person conducting a business or undertaking at a workplace must ensure that no person at the workplace is exposed to a substance or mixture in an airborne concentration that exceeds the exposure standard for the substance or mixture”. A similar provision is contained in Regulation 165 of the Victorian OHS Regulations.
Over recent years, Safe Work Australia has undertaken a review of approximately 700 mixtures/substances to identify whether the WES were still relevant and protective of health.
The current list of WES, still in force until 1 December 2026, can be found here.
Work undertaken so far, and decisions that have been made.
Consultation on the WES commenced in 2019.
In December 2019 Work Health and Safety (WHS) Ministers agreed to a new WES for respirable coal dust and respirable crystalline silica, which has been adopted by all Australia jurisdictions.
After a hiatus in 2020, due to work related to COVID-19, the review recommenced in 2021.
In January 2024, WHS Ministers agreed that the WES for welding fumes (not otherwise classified) be reduced from an 8-hour time weighted average (TWA) of 5mg/m3 to 1mg/m3 with immediate effect.
As part of the review, WHS Ministers agreed to rename workplace exposure standards to workplace exposure limits (WEL) to align with international practice and better reflect that they are exposure levels that must not be exceeded.
In April 2024, following approval from WHS Ministers, Safe Work Australia published the updated list of health-based WEL, that will replace the WES with effect from 1 December 2026. The majority of these WEL are lower than the current WES, which means businesses may need to introduce new controls prior to 1 December 2026 to ensure compliance.
The list of WEL that will take effect on 1 December 2026 can be found here.
More is still to be done at the regulatory level. If your business is impacted, tell us now.
Further work is currently underway in relation to 42 chemicals. If your businesses uses or generates airborne contaminants associated with these substances, Ai Group needs to hear from you now. Contact Tracey Browne, 0438 207 799.
9 Chemicals where the proposed WEL needs an impact assessment.
During the consultation on the WES review, industry identified a small number of proposed WEL that could be problematic to implement. In addition, a proposal was put forward that there should be a further decrease in the WES for respirable crystalline silica. Subsequently, it has been agreed that an Impact Assessment is required for 9 chemicals, prior to deciding whether to adopt the proposed WEL.
These chemicals are:
| Benzene | Formaldehyde | Nitrogen oxide |
| Chlorine | Hydrogen cyanide | Respirable crystalline silica |
| Copper (fumes, dusts and mists) | Hydrogen sulphide | Titanium dioxide |
Further information about the size of the proposed change for these chemicals can be found below.
Changes subject to impact assessment in 2024
If you business uses or produces any of the following, please contact Tracey Browne at Ai Group so that the impact on your business can be considered during consultation in the second half of 2024.
|
Chemical |
Current WES |
Proposed WEL |
|
1. Benzene |
TWA: 1 ppm (3.2 mg/m3) |
TWA: 0.2 ppm (0.7 mg/m3) |
|
2. Chlorine |
PL: 1 ppm (3 mg/m3) |
TWA: 0.1 ppm (0.29 mg/m3) PL: 0.4 ppm (1.16 mg/m3) |
|
3. Copper |
TWA: 0.2 mg/m3 (fumes) TWA: 1 mg/m3 (dusts and mists) |
TWA: 0.01 mg/m3 (all forms) |
|
4. Formaldehyde |
TWA: 1 ppm (1.2 mg/m3) STEL: 2ppm (2.5 mg/m3) |
TWA: 0.3 ppm (0.369 mg/m3) STEL: 0.6 ppm (0.738 mg/m3) |
|
5. Hydrogen Cyanide |
PL: 10 ppm (11 mg/m3) |
TWA: 0.9 ppm (1 mg/m3) STEL: 4.7 ppm (5 mg/m3) |
|
6. Hydrogen Sulphide |
TWA: 10 ppm (14 mg/m3) STEL: 15 ppm (21 mg/m3) |
TWA: 1 ppm (1.4 mg/m3) STEL: 5 ppm (7 mg/m3) |
|
7. Nitrogen Dioxide |
TWA: 3 ppm (5.6 mg/m3) STEL: 5 ppm (9.4 mg/m3) |
TWA: 0.2 ppm (0.38 mg/m3) |
|
8. Respirable Crystalline Silica (RCS) |
TWA: 0.05 mg/m3 |
TWA: 0.025 mg/m3 |
|
9. Titanium Dioxide |
TWA: 10 mg/m3 |
TWA: 0.3 mg/m3 (respirable fraction; ultrafine/nanoscale particles) TWA: 2.4 mg/m3 (respirable fraction; fine/pigmentary grade particles) |
TWA = 8 hour average that cannot be exceeded (needs to be modified downwards for longer shifts
STEL = Short term exposure limit (cannot be exceeded for more than 15 minutes)
Peak = Cannot be exceeded at any time
Safe Work Australia is currently consulting with Ai Group and other relevant industry representatives, including directly with employers, to develop a draft impact assessment which is expected to be released for public comment in September 2024. The input of businesses directly involved with these chemicals is important to gathering necessary information to finalise the consultation draft, and to respond to the draft document.
This process will determine whether the current WES are maintained, or a lower WEL introduced. If it is decided to adopt a lower WEL, this is most likely to take effect from 1 December 2026.
33 chemicals that require a different regulatory approach as a health based WEL cannot be identified.
Work is currently under way to identify how to manage the chemicals outlined below. These chemicals pose a significant risk but will not, with effect from 1 December 2026, have a WEL.
Consideration is being given to whether current provisions in the regulations can be utilised to control risk, i.e. to class these chemicals as restricted carcinogens (schedule 10 of the regulations), or to introduce health monitoring requirements (schedule 14 of the regulations). Alternatively, a new approach may need to be developed.
Safe Work Australia is currently consulting with Ai Group and other industry representatives, including directly with employers, to understand how these chemicals are used in industry and what is the best approach for regulation.
This process will determine how these chemicals are to be regulated in the future. Information from employers is a crucial part of getting the best practical outcome.
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| Chemicals marked with a # are already listed as prohibited carcinogens Chemicals marked with a * are already listed as restricted carcinogens Chemicals marked with a ^ are already listed as restricted hazardous chemicals |
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Access the Ai Group compliance tool to check your compliance with current WES and ability to comply with new WEL by 1 December 2026.
