The NSW Government has extended the commencement timeframe for a new Workplace Exposure Limit (WEL) for the chemical phosphine by 18-months and is adopting a staged approach for diesel particulate matter (DPM).
The decision follows extensive consultation with business and industry including concerns about measurability of the new limit, potential impacts on biosecurity and export controls, and challenges with the limit starting midway through the upcoming harvest season.
The decision follows similar announcements by the Victoria and South Australian Government's earlier this year to defer the commencement of the phosphine WEL in response to stakeholder feedback.
WELs are fixed at a national level through SafeWork Australia, with implementation undertaken by individual states and territories through their respective regulatory frameworks.
The new WEL for phosphine will now come into effect on 1 July 2028 ensuring there is no disruption to the upcoming harvest season, and to provide time for further detailed consultation between industry, unions, SafeWork NSW, and other authorities about the impact of the proposed WEL.
SafeWork NSW has also consulted with the NSW Resources Regulator on the implications for the mining and resources sector.
As a result, a staged implementation approach will come into effect for DPM, with an interim exposure limit commencing on 1 December 2026. The new WEL for DPM will start on 1 July 2028.
This approach recognises the importance of protecting workers from hazardous airborne contaminants while providing industry with a practical transition period to make the necessary operational and workplace changes.
SafeWork NSW is providing resources, business toolkits and awareness information to better understand what is changing when industry moves to WELs for airborne contaminants from 1 December 2026.
This includes a stakeholder kit available for businesses and information sent directly to businesses via SafeWork NSW's monthly newsletter, as well as resources and information published on the SafeWork NSW website.
Minister for Work Health and Safety Sophie Cotsis said:
"Industry and stakeholders have raised a number of concerns about the implementation of the new exposure limit and the impact it could have on the upcoming harvest.
"We have listened to the concerns raised by industry and stakeholders and this extension will ensure those concerns can be properly considered, and businesses have sufficient time to prepare for and implement the necessary changes.
"The extension for phosphine and the staged approach for diesel particulate matter is about ensuring industry is in the best possible position to plan for changes in exposure limits, I am committed to ensuring workers remain safe from harmful exposures at work."
SafeWork Commissioner Janet Schorer said:
"SafeWork NSW encourages all businesses to prepare for the transition to the new workplace exposure limits. The additional time provided in the exemptions for phosphine and diesel particulate matter will help industry plan and implement appropriate controls, and ensure workers continue to be protected from harmful exposures.
"Safe and healthy workplaces for every worker, every day must be the focus for every business and duty holder, because everyone deserves to return home safely from work every day."
Grain Trade Australia CEO Pat O'Shannassy said:
"Grain Trade Australia welcomes the New South Wales Government's decision to extend commencement of the new Workplace Exposure Limit (WEL) for phosphine by 18 months, to July 2028, as a positive move forward. GTA and industry more broadly maintains that a three-year deferral, consistent with that enacted by both Victoria and WA, is needed to properly validate practical measurement methods and develop workable controls, noting this work is already underway.
"Worker safety is the priority for all parties involved in the grain supply chain and we recognise the NSW decision was the result of genuine dialogue between government and industry.
"We thank the SafeWork Commissioner and SafeWork NSW for the way they have engaged with industry. They took the time to listen, to understand how phosphine is used across the grain value chain, and to give appropriate weight to the practical concerns industry has raised."
NSW Farmers President Rebecca Reardon said:
"The decision to delay implementation by 18 months provides valuable time for grain growers and the broader industry. This has been a genuine whole-of-industry effort, with stakeholders across the country, including GrainGrowers, GrainCorp and Grain Trade Australia, working collaboratively with NSW Farmers to secure this result.
"Introducing these changes on 1 December would have created enormous uncertainty in the middle of harvest, when millions of tonnes of grain are expected to move off farms and towards ports across NSW. For growers who have already endured a tough year, the consequences could have been significant.
"While industry has consistently called for a three-year extension, this 18-month delay provides much-needed certainty during harvest and an opportunity to work with government, regulators, industry and the Grains Research and Development Corporation on a practical pathway forward.
"Worker safety is paramount, and growers take it extremely seriously. This additional time will allow this important work to continue to build a robust Australian evidence base and develop clear, practical guidance to support any revised exposure limits."
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