State Government delays phosphine workplace exposure limits by three years, but not grain dust

The State Government has bowed to industry pressure and extended the deadlines for new phosphine workplace exposure limits by three years, but have excluded grain dust limits from the delay.

Making the announcement on Wednesday, WA Industrial Relations Minister Simone McGurk said the decision was made after consultation with State Agriculture Minister Jackie Jarvis, industry and WorkSafe WA.

The new restrictions for phosphine workplace exposure limits will now come into effect on December 1, 2029, a three-year delay from December 1 this year.

“I’ve communicated that decision to industry bodies in Western Australia, to the grain industry bodies who have welcomed that decision to delay the implementation, to give them time to work with grain growers and the industry to ensure that they can responsibly adhere to that limit while not putting at risk our grain industry, and particularly our grain export industry,” Ms McGurk said.

“We’re heavily reliant on storage of our grain to export overseas, particularly to China.”

WA’s delay follows Victoria’s decision to delay implementation to 2029 and South Australia’s announcement on Monday to delay until July 2028.

Ms McGurk said she had discussed the viability of possible alternatives with industry, but had been advised there were no viable alternatives.

“Of course, where there’s a need in industry, sometimes necessity drives innovation,” she said.

“Looking at alternative products, at the moment there isn’t an alternative product, and that’s one of the reasons we’ve delayed the reduction of the exposure limit because industry is very reliant on this fumigant.

“There are other chemicals but they’re equally dangerous.”

The new exposure limits of 0.05 parts per million, down from 0.3ppm, with the introduction of a peak limitation of 0.15ppm, initially sparked fears of phosphine-resistant insects, such as weevils, halting WA’s grain industry and trade.

Phosphine is a chemical fumigant used for pest control for grain stored in silos and bulkheads, and has been the preferred chemical because of its low cost, ease of application, effectiveness against major pest species, and acceptance by global markets and regulatory bodies.

The new limits follow a scientific review and are set to be put in place to prevent respiratory and neurological effects among workers.

The workplace exposure limits are not solely restricted to grain handlers but also apply on-farm and to grain shipments around the country.

This year, WA is expected to produce a bumper harvest of 23 million tonnes, with growers already on their headers across the Mid West region.

But changes to phosphine limits has not been the only source of headaches for WA grain handlers and farmers, with similar exposure limits to grain dust, and the same December 1 deadline, also cause for concern amongst the industry.

Ms McGurk said the extended deadline did not apply to grain dust and had communicated the decision to the grains industry.

‘If you think about the way that grain is harvested now and stored — but particularly harvested — much of that happens so that operators are in enclosed cabins,” she said.

“There are actually a range of ways now to manage the exposure of grain dust and . . . I do continue to expect that WorkSafe and industry work together to ensure that there’s good understanding of any changes to regulation.”

The results of a survey by Grain Producers Australia, released on Tuesday, found that a significant amount of farmers across Australia were concerned about their ability to measure and monitor grain dust levels, and did not know how to access more information about the looming changes.

In response to the survey, Ms McGurk said employers had a legal obligation to understand and manage any risks their employees may be exposed to.

She said the issue of grain dust was not the main issue raised with her office by industry.

“Industry, as well as farmers, have had time to look at how they can measure the exposure, in this case, to grain dust and measure and manage those risks,” Ms McGurk said.

“A lot of the harvesting happens in cabins . . . there is respiratory equipment that’s available, masks that are available.”

WA Grains Group chair Alastair Falconer welcomed the decision as a win for common sense.

“Nobody in this industry is arguing against worker safety,” he said.

“Our growers want everyone on their farms and at receival sites to go home safe everyday.

“What we’re asking is that any change to the limit is grounded in evidence from how phosphine is actually used in Australian grain storage.

“We believe that evidence will show the current limit protects workers, and this delay gives the grains industry the time to demonstrate that.”