Engineered stone ban and silica regulation: WHS rules from 2024 onwards

The 1 July 2024 engineered stone ban

From 1 July 2024, it is an offence under the model Work Health and Safety (WHS) Regulations for a Person Conducting a Business or Undertaking (PCBU) to manufacture, supply, process or install engineered stone benchtops, panels or slabs. This ban applies across all states and territories, with Western Australia implementing the changes shortly after.

Engineered stone is defined as a product containing at least 1% crystalline silica by weight, created by combining natural stone materials with chemical constituents such as resins or pigments. The prohibition covers all activities related to engineered stone, from initial production to final installation.

Further restrictions came into effect from 1 January 2025. From this date, engineered stone benchtops, panels and slabs are prohibited imports under regulation 5M of the Customs (Prohibited Imports) Regulations 1956.

Excluded products and transitional work

Certain engineered stone products are excluded from the ban. Finished products like garden ornaments, sculptures, and kitchen sinks are not subject to the prohibition because they are not classified as benchtops, panels, or slabs. Additionally, artificial stone products containing less than 1% crystalline silica are also excluded.

Work involving engineered stone that is permitted, such as legitimate removal, repair, minor modification, and disposal of already-installed products, is allowed. However, in most jurisdictions, this work must be notified to the relevant Work Health and Safety regulator.

Regardless of the type of engineered stone work being undertaken, all workers involved must adhere to the strengthened silica controls implemented as part of these regulations.

Stronger silica regulation from 1 September 2024

From 1 September 2024, significant changes to the model Work Health and Safety (WHS) Regulations come into effect, strengthening controls for silica exposure. These amendments apply to all materials containing at least 1% crystalline silica, impacting a wide range of industries. Employers must now implement the highest order of control reasonably practicable when working with these materials, alongside strict written safe-work procedures. WHS notifiable incident timer

A key element of the new regulations is the workplace exposure standard for respirable crystalline silica, which is set at 0.05 mg/m3, measured as an 8-hour time-weighted average. This standard aims to minimise the risk of silica-related diseases.

Air monitoring is mandated where there is a reasonably foreseeable risk that the exposure standard may be exceeded. This monitoring helps ensure controls are effective and worker health is protected. WHS notifiable incident timer

Employer duties and worker rights

Employers, as persons conducting a business or undertaking (PCBUs), have specific duties regarding crystalline silica exposure. These duties include providing health monitoring for workers undertaking crystalline silica process work. This monitoring involves baseline and periodic chest x-rays and lung function tests, administered by a registered medical practitioner.

Before implementing any changes to silica controls, PCBUs are required to consult with workers and health and safety representatives (HSRs). This consultation ensures worker input and consideration of potential impacts.

Workers exposed to respirable crystalline silica are entitled to receive specific information, training and instruction about the associated hazards. This aims to equip workers with the knowledge to protect themselves and work safely.