Silica Dust Controls and the Engineered Stone Ban (2024-2025)

The engineered stone prohibition from 1 July 2024

From 1 July 2024, Australia became the first country globally to prohibit the use, supply and manufacture of all engineered stone. This definition covers artificial products in the form of slabs, panels or tiles, created by combining natural stone materials with chemical resins and containing crystalline silica. Engineered stone ban and silica regulation

Limited transitional arrangements were in place for contracts entered into before 31 December 2023, allowing for installation completion before 1 July 2024. However, the prohibition applies to new work. Removal, repair, minor modification and disposal of legacy engineered stone – that is, stone already installed before 1 July 2024 – is permitted, but only under strict controls.

Importation of engineered stone became a prohibited import on 1 January 2025, under regulations made by the Commonwealth. The engineered stone prohibition was given effect by amendments to the model WHS Regulations, with each jurisdiction adopting these changes by July 2024. Work involving the removal of other hazardous materials may require Asbestos removal licence classes.

Workplace exposure standard for respirable crystalline silica

The workplace exposure standard (WES) for respirable crystalline silica (RCS) in Australia is 0.05 mg/m³, calculated as an 8-hour time-weighted average. This standard was reduced from 0.1 mg/m³ on 1 July 2020 to provide greater protection against silicosis. Engineered stone ban legislation reflects this increased focus on worker safety.

Persons conducting businesses (PCBU) have a legal obligation to ensure exposure to RCS is kept as low as reasonably practicable and remains below the WES at all times (regulation 49). This includes implementing appropriate controls and monitoring worker exposure.

Workers whose exposure reaches above 50% of the WES require ongoing exposure monitoring. Practical control measures are detailed in the Code of Practice: Managing the risks of respirable crystalline silica from engineered stone in the workplace, and are informed by the GHS classification of hazardous chemicals.

Stronger controls from 1 September 2024

From 1 September 2024, amendments to the model Work Health and Safety (WHS) Regulations introduce stronger controls for work involving materials containing at least 1% crystalline silica. These changes apply across all industries and aim to minimise the risk of silica-related diseases. The regulations align with the WHS hazardous chemicals classification (GHS) system.

Persons conducting a business or undertaking (PCBUs) undertaking ‘high-risk crystalline silica work’ are now obligated to prepare and implement a written silica risk control plan. This plan must be followed to manage the risks associated with the work. Air monitoring is also mandated for all high-risk crystalline silica work, and workers must receive the results of this monitoring within 14 days. Records of air monitoring must be retained for 30 years.

To further protect worker health, PCBUs must provide health monitoring, including chest X-ray and lung function testing, to workers engaged in crystalline silica work where there is a significant risk to health. Mandatory silica training must be provided to workers before they commence high-risk crystalline silica work, with refresher training required every two years. Workers’ compensation arrangements vary by state; see Workers compensation by state for details.

Penalties and state implementation

Penalties for non-compliance with the engineered stone prohibition vary by state, but in New South Wales, individuals may face fines of up to $52,650 and body corporates up to $263,250. These penalties reflect the seriousness of the risk posed by crystalline silica dust exposure. Further information on potential penalties and legal recourse can be found via WHS industrial manslaughter state comparison.

All Australian states and the Australian Capital Territory have implemented the changes introduced on 1 September 2024. Western Australia already had equivalent provisions in its WHS Regulations 2022 (WA). Victoria’s OHS Regulations 2017 were amended by the Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2021 to ensure alignment with the national changes. Workers compensation by state provides details on compensation entitlements.

Following the implementation date, regulators including SafeWork NSW, WorkSafe Victoria, and WorkSafe Queensland have undertaken inspection campaigns to ensure compliance. In New South Wales and Victoria, businesses must notify regulators at least five days before undertaking removal or repair work on legacy engineered stone. Workers diagnosed with silicosis are eligible for workers' compensation in all states, and in New South Wales, access to icare's Dust Diseases scheme.