NSW Stone Cutter and Director Fined $135,000 Over Silica Dust Risks

Crystal Touch Masonry Pty Ltd and its sole director, Raad Patti, have been convicted in the Industrial Court of New South Wales following a SafeWork NSW prosecution arising from a serious respirable crystalline silica risk incident on 24 March 2023.

The court heard that workers were placed at risk of exposure to respirable crystalline silica dust during high-risk stone cutting activities. Such exposure is known to cause serious and potentially fatal occupational diseases, including silicosis and lung cancer.

Crystal Touch Masonry pleaded guilty to an offence under section 33 of the Work Health and Safety Act 2011 for failing to comply with its primary duty of care under section 19(1) to ensure, so far as is reasonably practicable, the health and safety of workers.

Mr Patti pleaded guilty to a separate offence under section 33 for failing to comply with his duty as an officer under section 27(1) of the WHS Act. As an officer, he was required to exercise due diligence to ensure the business met its WHS obligations, including implementing effective risk controls and monitoring compliance.

The court imposed fines of $75,000 on Crystal Touch Masonry and $60,000 on Mr Patti, reflecting the seriousness of the failures to manage silica dust risks. Both the company and Mr Patti retain the right to appeal their sentences. The full judgments are available on the NSW Caselaw website.

This case underscores the need for comprehensive WHS management systems, clear policies and procedures, and task-specific SWMS to control silica dust exposure. Businesses undertaking cutting, drilling, grinding or polishing of engineered stone or other crystalline silica-containing materials must ensure that risk assessments, engineering controls, respiratory protection, training and health monitoring are in place and properly documented. Resources to support compliant WHS management systems and SWMS are available from specialist providers such as Bluesafe and Bluesafe SWMS.

Acting SafeWork Commissioner Petrina Casey emphasised that workers involved in high-risk processing of crystalline silica may be exposed to respirable crystalline silica dust, creating a significant risk of serious illness. She reiterated that awareness of the hazard, thorough risk assessment and the implementation of safe systems of work are essential to minimising exposure.

SafeWork NSW has reminded all businesses of their duty to provide a safe working environment for employees and contractors, including the obligation to identify and control silica dust risks as part of their WHS duties.

Since 1 October last year, New South Wales businesses have been legally required to register all workers engaged in high-risk crystalline silica processing, such as cutting, drilling, grinding or polishing. Information about the silica worker register, along with guidance on managing respirable crystalline silica risks, is available on the SafeWork NSW website.

Workers who are concerned about health and safety conditions in their workplace can raise issues anonymously with SafeWork NSW by calling 13 10 50 or using the Speak Up Save Lives online reporting tool. Proactive reporting, supported by strong WHS policies and safe work procedures, is a key control in preventing further silica-related harm in Australian workplaces.