Who must comply with the respirable crystalline silica workplace exposure limit?

From 1 December 2026 the 0.05 mg/m³ silica standard becomes a legally binding workplace exposure limit (WEL).

From 1 December 2026 the workplace exposure standard for respirable crystalline silica (0.05 mg/m³, 8-hour TWA) becomes a legally binding Workplace Exposure Limit (WEL). The limit value remains 0.05 mg/m³ — a further reduction to 0.025 mg/m³ has been researched and consulted on by Safe Work Australia but is not yet adopted and has no commencement date. Engineered stone fabrication is separately banned (from 1 July 2024). PCBUs must update air monitoring, controls, health monitoring, and worker information.

Applies when the business has industry: Construction (residential & commercial) / Mining & resources / Manufacturing.

How the regulator frames it: PCBUs with workers exposed to respirable crystalline silica (construction, stonemasonry, mining, demolition, quarrying).

What triggers it: Exposure to respirable crystalline silica.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (3 of 35: yes; 32 of 35: no).

Structure does not change the answer in the 3 industries it can reach: for every structure the answer is "yes".

Size does not change the answer in the 3 industries it can reach: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: applies. Industry: Construction (residential & commercial)
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Construction (residential & commercial) / Mining & resources / Manufacturing.

When due

From 1 December 2026.

Frequency

Ongoing

Evidence to keep

Air monitoring records, control plan, health monitoring records, SDS, worker training.

In force from

1 December 2026

Status

Upcoming (not yet in force)

Priority

Critical

Maximum penalty: WHS category 1 — up to $20M / 25 years imprisonment depending on jurisdiction.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• Silica standard becomes a binding WEL (0.05 mg/m³): 1 December 2026 (one-off). The 0.05 mg/m³ exposure standard for respirable crystalline silica becomes a legally binding Workplace Exposure Limit (WEL). A further cut to 0.025 mg/m³ is only proposed, not adopted.

• Asbestos management — workplace + dwelling rules (state): Asbestos work requires licensed asbestos removalist + asbestos management plan.
• Hold a Construction Induction (White Card) before construction site work: All construction site workers must have completed nationally recognised induction training (CPCWHS1001).
• Maintain Hazardous Chemicals Register + manifest (WHS Reg): PCBUs handling hazardous chemicals must maintain a register + (above threshold) a manifest.
• Manage psychosocial hazards at work: WHS duty extends to psychosocial hazards — workload, bullying, harassment, role conflict.
• Hold a High Risk Work Licence for HRWL classes: Forklift, crane, scaffolding, dogging, rigging, EWP and other high-risk work requires a HRWL.

Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:

• Asbestos management — workplace + dwelling rules (state): applies to 67% of the same businesses (11.7× the overall rate)
• Hold a High Risk Work Licence for HRWL classes: applies to 67% of the same businesses (11.7× the overall rate)
• Maintain Hazardous Chemicals Register + manifest (WHS Reg): applies to 67% of the same businesses (7.8× the overall rate)

Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Regulated by Safe Work Australia, WorkSafe Victoria, SafeWork NSW, Workplace Health and Safety Queensland, SafeWork SA, WorkSafe Western Australia, WorkSafe Tasmania, WorkSafe ACT and NT WorkSafe.

Safe Work Australia: Develops national WHS policy, model WHS laws, and codes of practice. Enforcement of WHS laws sits with state/territory regulators.

WorkSafe Victoria: Victorian WHS regulator and workers' compensation insurer (WorkCover scheme).

SafeWork NSW: WHS regulator and workers' compensation insurer for NSW.

WHSQ: Queensland WHS regulator.

SafeWork SA: SA WHS regulator.

WorkSafe WA: WA WHS regulator under WHS Act 2020 (WA).

WorkSafe Tas: Tasmanian WHS regulator.

WorkSafe ACT: ACT WHS regulator. Also administers portable long service leave schemes including the 2026 expansion to hospitality and beauty.

NT WorkSafe: NT WHS regulator.

• Safe Work Australia
• WorkSafe Victoria
• SafeWork NSW
• Workplace Health and Safety Queensland
• SafeWork SA
• WorkSafe Western Australia
• WorkSafe Tasmania
• WorkSafe ACT
• NT WorkSafe

Model WHS Act: Model federal WHS Act adopted (with variations) in NSW, Qld, SA, Tas, ACT, NT, Commonwealth (Comcare).

• Work Health and Safety Act 2011 (model)

Free tools that help with this obligation:

• Payday Super readiness
• Right to Disconnect policy
• WGEA readiness