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How does the upcoming ban on leaded tapware affects childcare centres: existing and new facilities
One of our sponsors 3Monkeez – makers of 100% Stainless Steel tapware - have offered some information and help to understand how the ban on taps containing lead will affect childcare Centres for new builds, refurbishments and even tapware in existing facilities – scheduled from May 1st 2026.
What is being banned and why?
- All tapware containing more than 0.25% weighted average of lead.
- Lead contamination is proven to cause irreversible neurological and behavioural disorders – that’s why it has also been banned from petrol and paint products many years ago.
- Children are far more susceptible than adults – they absorb and retain 5 times more lead than adults. Note that the World Health Organisation and the Centre for Disease Control (CDC) advise there is no safe levels for lead. The only safe level is 0.00% = ZERO – this is the only level appropriate for children.
- Lead contamination can happen after water has been left standing in tapware barrels that were manufactured with a lead content.
- Lead is often used in cheaper taps as it makes the material easier to cut and shape – the reduced manufacturing cost in producing tapware containing lead can compromise the health of the end user.
What is the advice from NSW Health Department on reducing exposure of children to lead contamination from tapware?
“….When water has been left standing for extended periods, flush cold taps for 2‑3 minutes before using the water for drinking or cooking. This will lower the level of lead and other metals that may be present. This 'first-flush' of water can be used for washing up, watering plants, or other non-drinking uses”
What are my obligations
LEGAL:
You need to be Compliant with the National Construction Code (NCC)
- From May the 1st 2026, only tapware with the Watermark Approved LEAD-FREE markings will be compliant with the NCC – this applies for new builds and refurbishments.
- The Australian Watermark Standard allows 0.25% lead – however this is a weighted average of the whole tap including handles, which may increase if the tap body is considered on its own. Be assured 100% lead free taps are available – such as 3Monkeez 100% Stainless Steel Taps. 100% lead free is the only appropriate level for children.
WORKPLACE HEALTH & SAFETY: for existing facilities with tapware containing lead – (not listed in the LEGAL compliance obligations)
If you currently have chrome plated brass or chrome plated copper alloy over 2 years old – they will more than likely contain lead.
Is there a “KNOWN RISK” to Health & Safety from existing leaded tapware affecting Children?
Consider: The risk to children from lead contamination of drinking water is far greater than to adults. Children absorb and retain 5 times more lead than adults, at a time when their neurological development is rapid, as opposed to adults who are more or less static. Lead contamination is a risk that can result in permanent irreversible neurological and behavioural disorders in children.
The RISK from existing leaded tapware is also defined by NSW Health– who have published instructions on how to mitigate the risk.
Workplace Safety Obligations: for Known Risks
Remember that an obligation that is not a legal requirement but poses health and safety risks if ignored could be described as a practical safety imperative or moral duty of care. This type of obligation often aligns with industry best practices, ethical responsibilities, or your own Workplace Health & Safety policy - especially if your organisation has declared that your Practices are designed to mitigating risks to health & safety of children cared for in your facility.
While not legally enforceable at one level, neglecting such obligations could lead to reputational damage, or future legal liabilities if risks materialize. The distinction between legal and non-legal obligations often hinges on the "reasonably practicable" standard, where ethical and practical considerations may exceed baseline legal duties.
What are my Options? - to Mitigate the Risks Posed by Existing Leaded Tapware?
Option 1: follow NSW Health advice and turn on taps used for drinking (for a few minutes) to flush out lead contaminants as much as possible – after the taps have not been used for a period, usually overnight or ~5 hours. Keep evidence of compliance – as per standard obligations. This will help - but is not guaranteed to bring lead contamination down to zero.
Option 2: Swap out your old existing leaded taps with 100% Stainless Steel – lead free taps. You can do it in two stages, start with the high traffic taps used by children.
Option 2 presents considerable advantages you should consider:
- You can the advocate the change to parents, who will be 100% supportive of the upgrade – especially as awareness of the leaded tapware ban builds amongst the general population.
- You will never be caught having to explain why a new facility has lead free tapware – to meet the National Construction Code of Compliance (for the health and wellbeing of children attending) – but your existing facilities do not!
- You can achieve two improvements at once: Upgrade taps to ZERO- Touch 100% Stainless Steel taps and drinking bubblers– and reduce the incidence of NOROVIRUS outbreaks*. Parents will of course respond positively to such an upgrade, and you will reduce staff sick leave as well because ZERO touch taps in the wet areas help reduce the spread of norovirus.
Option 3: Do nothing. Do not flush existing taps out daily or replace leaded taps with 100% Lead Free.
How can I evaluate my position – do I have taps that contain lead?
3Monkeez have offered to help NSW ACA members with an on-site evaluation.
Call: 02 9627 6111
Email: leadswapout@3monkeez.com.au
How much does it cost for Minimum Compliance?
3Monkeez has packages available which include a minimum compliance package– starting from a few hundred dollars for a set of 3 compact drinking bubblers – not including installation – which can also be arranged.
They can advise more precisely after an onsite evaluation.