Victoria’s engineered stone ban takes effect

The ban operates under the Occupational Health and Safety Regulations. Attempts to get around it may lead to strong enforcement action, including prosecution and potentially significant fines.

WorkSafe Executive Director Health and Safety Sam Jenkin said the regulator’s silica enforcement team would check that manufacturers and processors were working with products permitted by the new rules. “Inspectors will expect duty holders to be able to provide relevant information about the products they are working with and may take offcut samples for testing to determine if a product is engineered stone.”

Under the regulations, engineered stone is an artificial product with at least one per cent crystalline silica, made by combining natural stone with water, resins or pigments and allowing it to harden. Exclusions cover concrete and cement products, bricks and pavers, ceramic wall and floor tiles, roof tiles, grout, mortar, render and plasterboard. Porcelain and sintered stone products without resin are also excluded.

An exception permits the removal, repair or modification of engineered stone benchtops, panels or slabs installed before 1 July. Employers do not need to notify WorkSafe about this work, but must meet existing requirements for on-tool water suppression, dust extraction devices and respiratory protection equipment, along with regulations covering high-risk crystalline silica work.

Mr Jenkin said employers could dispose of engineered stone through their usual waste management arrangements, whether or not it had previously been installed. He acknowledged that suppliers and distributors may hold excess uninstalled stock that can no longer be used. “For the purposes of Victoria’s prohibition, WorkSafe will not consider supply to have occurred if engineered stone is sent to another jurisdiction that has a transition period in place.”

Employers, including businesses that previously held engineered stone licences, must keep providing information, instruction and training about crystalline silica risks and controls to employees likely to be exposed. They must also continue monitoring and reporting on those employees’ health.

WorkSafe has released guidance to help Victorian employers and workers understand their continuing obligations. The release advises those uncertain about how the ban applies to their circumstances to consider independent legal advice.

WorkSafe’s “Silica dust can be deadly” campaign will run throughout July, reminding workers and managers in construction and stonemasonry about the prohibition and the risks associated with crystalline silica dust.

How Blue Safe can help: Our free WHS self-check can help you review your business’s approach to workplace health and safety and identify areas that need closer attention. Take the free WHS self-check