Terms of Reference

Preamble

This inquiry is a Ministerial Inquiry which is convened by the Minister of Labour. It is prompted by reports of adverse health consequences that have been experienced by persons who have been known to have worked with, and been exposed to the effects of, certain organic compounds, primarily in the health sector, the printing industry, and the manufacturing sector. Those compounds are the chemicals glutaraldehyde, other aldehydes, and solvents.

The Inquiry is aimed at learning from experiences (both positive and negative) with those chemicals in those sectors. The principal object of the Inquiry is to identify any gaps in the availability and adoption of best practice systems for the management of these particular hazardous substances in those sectors, and why those gaps exist. A further object is the identification of ways of ensuring the adoption of best practice in relation to other organic compounds used in those sectors which have similar effects. To do this, it will be necessary for the Inquiry to review the nature and extent of the adverse health consequences in question, consider whether there is any causative or other relationship between the hazardous substances and those consequences, and review the content and application of current best practice management systems for the hazardous substances.

While the Inquiry will be informed by individual examples and situations, it is not the purpose of this Inquiry to allocate blame or accountability in relation to any particular situation, incident, or exposure. For the avoidance of doubt, if this inquiry obtains information that it concludes could be placed before a relevant authority for its consideration, no reference to that conclusion need be included in the report to the Minister of Labour but that information may be forwarded to the relevant authority, together with appropriate commentary from this Inquiry, for the consideration of that authority.

Scope

This Ministerial Inquiry shall cover the use of, and exposure to, the following substances ("the hazardous substances"):

• Glutaraldehyde, other aldehydes, and organic solvents in workplaces, paying particular attention to uses and exposures in the health sector, the printing industry, and the manufacturing sector, being for the purposes of this Inquiry the sector which involves the assembly, fabrication, and formulation of products from materials, (including the finishing, painting and repair of such products).
   
• Any other organic compounds used in those same sectors which the Inquiry considers cause problems similar to those caused by the substances covered by the paragraph immediately above (whether neurological, dermatological, respiratory, allergic, or otherwise), by means of inhalation or skin contact, for persons exposed to them in workplaces..

For the avoidance of doubt, excluded from the scope are:

• the manufacture of the hazardous substances themselves;
   
• exposure to organochlorine herbicides, pesticides, and their contaminants; and
   
• any exposure of patients, rather than workers, in the health sector.

Role

The Inquiry will:

Review the nature and extent of the adverse health consequences arising from the use of, and exposure to, the hazardous substances, and consider whether there is any causative or other relationship between the hazardous substances and those consequences.

Identify and consider the nature, scope, and content of, and the relationship between, the various elements of the legislative framework that govern safety and health issues in relationship to the hazardous substances.

Review the way employers (and others with responsibility in workplaces, including self-employed and employees) manage the hazardous substances and the extent to which those persons adopt best practice (in storage, use, transportation and disposal of the substances, in providing information, supervision, and training for employees in relation to the hazardous substances, and in responding to instances of adverse consequences associated with exposure).

Review the extent and effectiveness of the relationships between those manufacturing, those storing and transporting, those using, and those disposing of, the hazardous substances to identify how well those interdependencies promote best practice arrangements.

Identify any factors that affect the ability of those various participants to effectively and systematically manage the hazardous substances and adopt best practice.

Identify any areas in which best practice could be improved in light of the information considered by the Inquiry.

Identify any means available to address or respond to any issues identified, and make recommendations as to preferred options.

Ancillary Matters

In carrying out its role, the Inquiry will consider such things as:

• Areas of current exposure
   
• Levels of current exposure
   
• Types of harm associated with exposure, or allegedly associated with exposure
   
• Medical/scientific views about exposure and its effects
   
• Availability and practicability of safer substitute materials

Process

The Inquiry will proceed by way of an investigation and may be informed in such manner as the Inquiry thinks fit, including:

• Obtaining relevant experience, including expert scientific and medical services, to assist it to examine issues covered by the Inquiry; and
   
• Inviting public submissions and holding public hearings on submissions.

The Inquiry is not bound by any rules of evidence or by any particular procedure but will conduct its investigation in a fair manner and in accordance with the principles of natural justice.

The Inquiry will report regularly to the Minister of Labour on progress with the Inquiry.

Reporting

The Inquiry shall report to the Minister of Labour by 30 May 2003.