The obligation
PCBUs must ensure no person at the workplace is exposed to an airborne substance or mixture above its exposure standard.
Regulation 49 requires a PCBU at a workplace to ensure no person is exposed to a substance or mixture in an airborne concentration exceeding its exposure standard; the penalty is the tier E monetary penalty. Strict liability applies to each physical element of the offence. For crystalline silica the exposure standard is in Safe Work Australia's Workplace Exposure Standards for Airborne Contaminants dated 16 December 2019; for other chemicals it is the version dated 22 December 2011.
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- What
- PCBUs must ensure no person at the workplace is exposed to an airborne substance or mixture above its exposure standard.
- Source
- legislation.gov.au
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Frequently asked questions
Which WHS law does this come from?
Keeping airborne contaminant exposure within the exposure standard is a WHS requirement set out in Work Health and Safety Regulations 2011 (FEDERAL). It is made under Work Health and Safety Act 2011 (FEDERAL). The relevant provision is Chapter 3, Part 3.2, Division 7 § 49.
What does this WHS obligation require?
Keeping airborne contaminant exposure within the exposure standard is a WHS obligation under Work Health and Safety Regulations 2011 (FEDERAL). In short, PCBUs must ensure no person at the workplace is exposed to an airborne substance or mixture above its exposure standard.
What changed recently?
Keeping airborne contaminant exposure within the exposure standard was last updated on 8 October 2026.