Guidelines for the Management of Lead-Based Paint
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APPENDIX 3: KEY ORGANISATIONS
There a number of regulatory agencies with a brief to address the hazards associated with lead in the community, and they may have a policy, service, regulatory, monitoring, educational or research role.
Ministry of Health
The Ministry has had an historical role in the identification and management of health hazards which affect the public at large. The Director-General of Health appoints designated officers in public health units to carry out investigations and regulatory enforcement roles. The regulatory component underpins some public health service provision, and medical officers of health and health protection officers are the designated officers to carry out these functions. The Ministry has taken the leading role in co-ordinating general policy issues on lead.
Department of Labour
The Department of Labour is responsible for administering and enforcing the Health and Safety in Employment Act 1992 and other statutes relating to workplace safety, and associated regulations and codes of practice.
In administering this legislation, the Department undertakes regulatory, advisory and policy activities. Health and safety inspectors and occupational hygienists are the main contact people with respect to lead-based paint issues.
They regulate industrial-type exposures to lead, such as battery manufacturing, welding and paint removal. In addition, the Department offers advice and education on safe work practices to contractors and members of the public who may be exposed to hazards associated with workplaces or work activities.
The Department of Labour administers the Notifiable Occupational Disease System (NODS) which records and investigates cases of lead poisoning occurring in the workplace.
District Health Boards (DHBs)
DHBs are responsible for providing, or funding the provision of Government-funded health care services for the population of a specific geographical area. There are 21 DHBs in New Zealand.
The statutory objectives of DHBs include improving, promoting and protecting the health of communities, promoting the integration of health services, especially primary and secondary care services, and promoting effective care or support of those in need of personal health services or disability support.
Public health units
The public health units are contracted by the District Health Boards to provide public health services to the Crown. One aspect of this is the provision to the public of a screening test for lead-based paint which will determine whether paint contains a high level of lead. Health protection officers are the field staff of the public health units and are the first point of contact.
The public health service providers do not undertake routine screening of blood lead levels. However, general practitioners would initiate blood screening for diagnostic purposes where a patient exhibited the symptoms of lead poisoning or on patient request. Health protection officers from the public health units have a co-ordination role between agencies on risk assessment, management plans, and cleanup operations in the public arena.
Local authorities
Local district and city councils enforce the provisions of the Health Act 1956 in their areas. This enables environmental health officers to take steps to prevent activities or close premises which may be 'injurious to health'. Details of lead-contaminated properties may be entered into property files for noting on Land Information Memorandums.
Regional councils
Regional councils are the authority charged with controlling discharges to air, water and land, and may use the Australian and New Zealand Environment and Conservation Council (ANZECC) Guidelines in formulating their Regional Plans. Any activity that has a potential to pollute the air, waterways, or land may be subject to controls under the Resource Management Act.
Environmental Risk Management Authority New Zealand (ERMA New Zealand)
The Hazardous Substances and New Organisms Act (HSNO) was enacted to protect the environment and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms. The HSNO Act is administered by the Ministry for the Environment but is implemented by the Environmental Risk Management Authority New Zealand (ERMA New Zealand). The Environmental Risk Management Authority (the Authority) was established under HSNO to make decisions on the controls required on hazardous substances. Various government agencies enforce the HSNO Act. These include the Department of Labour (in relation to hazardous substances in the workplace) and the Ministry of Health (where it is necessary to protect public health).
Ministry of Consumer Affairs
The Ministry of Consumer Affairs (MCA) is responsible for administering the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. The purpose of standards developed under the Fair Trading Act is to prevent or reduce the risk of injury. In addition, MCA can: suggest modifications to make a product safe; request that unsafe products be removed from sale; and assist companies to recall unsafe products.
As a measure of last resort MCA can: recommend mandatory standards for products or services, ban unsafe products, and order a compulsory recall of an unsafe product.
In 2007, under the Fair Trading Act, the Ministry of Consumer Affairs issued an 'Unsafe goods notice' which bans children's toys with excessive lead levels. The notice is enforced by the NZ Customs Service at the border and the Commerce Commission in the market place.
New Zealand Food Safety Authority
The New Zealand Food Safety Authority (NZFSA) protects consumers through the application of a risk management framework that involves risk assessment, risk management and risk communication. The NZFSA is responsible for setting standards, providing advice and monitoring of both food and feed. They systematically monitor human exposure to a range of contaminants, including lead, via the periodic Total Diet Survey. Systematic monitoring of animal products for a range of contaminants, including lead, is augmented by occasional surveys of imports and locally produced fruit and vegetables.