Managing Hazardous Chemicals in the Workplace: Carcinogens

In Australia, there several hazardous chemicals that are considered so dangerous to human health their use, handling and storage at worksites is prohibited. Additionally, there are other dangerous substances, identified in the WHS Regulations, that have restrictions placed on their use. This blog looks at prohibited and restricted chemicals, including carcinogens. We will discuss how to identify these hazardous substances, explain why they are restricted, and identify the steps to ensuring safety with hazardous chemicals in the workplace.

Using Carcinogens in the Workplace

Carcinogens are materials or hazardous substances that can cause cancer. One of the biggest problems with carcinogenic chemicals is determining the actual danger to workers.

Unlike other toxic health hazards, the effect of carcinogens on a worker’s health may take many years to develop — and there may be no early warning signal of a future health problem. The cancer may not develop for years after the exposure stops.

Because of this, the WHS Regulations in Australia have specific requirements to control how you work with carcinogens. These requirements include an official list of carcinogenic substances that are prohibited from use (except for genuine research and analysis purposes).

This means that if you were to use them for industrial, manufacturing, or construction works (or even have them on your worksite) you would be breaking the law.

List of Carcinogens Prohibited in Australia

Prohibited carcinogens are listed in Schedule 10.1 of the WHS Regulation, which also defines the minimum concentration when in solid, liquid or gas form.

Some hazardous chemicals in the workplace that are recognised as prohibited carcinogens include:

2-Acetylaminofluorene [53-96-3]
Aflatoxins
4-Aminodiphenyl [92-67-1]
Benzidine [92-87-5] and its salts (including benzidine dihydrochloride [531-85-1])
Chloromethyl methyl ether [107-30-2] (technical grade which contains bis(chloromethyl) ether)
4-Dimethylaminoazobenzene [60-11-7] (Dimethyl Yellow)
2-Naphthylamine [91-59-8] and its salts
4-Nitrodiphenyl [92-93-3]

You need official permission from the regulator in your state or territory if you want to use these chemicals to conduct research or analysis. See the Safe Work Australia website to find your local regulator.

IMPORTANT: This list was current as at December 2018, but you should always check the most current release of the WHS Regulation for updates or changes.

Restricted Carcinogens

Prohibited carcinogens are listed in Schedule 10.2 of the WHS Regulation, which also defines the minimum concentrations as well as the ways that the chemicals may be used (once authorised). For example, Ethylene dibromide [106-93-4] can be authorised for use as a fumigant as well as for genuine research and analysis.

HAZARDOUS CHEMICAL INFO: Download the WHS Regulations from the Safe Work Australia website to view the full list of restricted carcinogens and how to obtain permission to use them.

Working with Prohibited and Restricted Carcinogens

If you are granted permission to use a prohibited or restricted carcinogen you have an additional set of obligations under the WHS Regulations to ensure the safety of your workers. These include:

Keeping detailed records (for at least 30 years) of the workers likely to be exposed to the substance.
Monitoring the health of workers exposed to carcinogens
Providing a written statement to affected workers at the end of their employment

This written statement must include:

Name of carcinogen
Details of possible chemical exposure
How to obtain records of exposure
Relevant health assessments and tests

IMPORTANT: You have a duty to assess the risk of exposure to any carcinogens present at your workplace (whether or not they are prohibited or restricted). Don’t forget that some carcinogens occur as a by-product of a work process like (diesel exhaust and wood dust) and may not be easy to identify.

Getting Approval to Use Prohibited or Restricted Carcinogens

The only legal way to use prohibited or restricted carcinogens in your workplace is the get written authorisation from the regulator in your state or territory. The application must be made in writing and many of the state Regulators have a standardised form on their website (eg, SafeWork NSW).

You will need to provide:

Name of the PCUB, address of the business and official business name
All addresses where the carcinogen will be used, handled, and stored
Name of the carcinogen including numeric identifiers
How much of the carcinogen will be used, handled, and stored each year
How will the carcinogen be used and what purpose will it fulfil
How many workers will be exposed

In addition, you will also have to provide a full outline of risk management procedures including:

Hazard identification
Risk assessment
Chemical controls

You’ll need to specify why you couldn’t eliminate or substitute the carcinogen for another substance.

Your authorisation to use a prohibited for restricted carcinogen may be cancelled at any time without warning. This will occur if you do not comply with the conditions of the authorisation or the risk to the health and safety of your workers changes: new information might be discovered about the carcinogen or changes to operations at your workplace may increase exposure levels.

NOTE: The Regulator may request further information during the application and review process and may impose additional conditions when using the substance.

Other Restricted Hazardous Chemicals in Australia

There are also many hazardous substances identified in the WHS Regulations that have restrictions imposed on their usage in the workplace. You will find the full list in Schedule 10.3 of the Regulation. Many of these restricted hazard substances contain arsenic and are usually highly toxic.

The WHS Regulations identify the only purposes that these restricted hazardous chemicals are allowed to be used for.

IMPORTANT: Though you do not require written permission to use the restricted hazardous chemicals you will be in breach of Australian safety legislation if you use the chemicals for purposes outside the restrictions outlined in the Regulation. This can attract heft fines for non-compliance.