Blanket ban of engineered stone recommended by Safe Work Australia

The following article is a news item provided for the benefit of the Workplace Health and Safety profession. Its content does not necessarily reflect the views of the Australian Institute of Health & Safety.

The use of all engineered stone, irrespective of crystalline silica content, should be banned in order to protect the health and safety of workers, according to Safe Work Australia.

Safe Work Australia recently published a Decision Regulation Impact Statement: Prohibition on the use of engineered stone (Decision RIS), which was developed at the request of WHS ministers and informed by stakeholder consultation, independent economic analysis, and an expert review of evidence.

Safe Work Australia said the recommendation for a prohibition is based on the following:

Engineered stone workers exposed to respirable crystalline silica are significantly over-represented in silicosis cases. Engineered stone workers are being diagnosed with silicosis at a much younger age than workers from other industries.
Engineered stone is physically and chemically different to natural stone. The high levels of respirable crystalline silica generated by working with engineered stone, as well as the differing properties of this respirable crystalline silica, are likely to contribute to more rapid and severe disease.
There is no toxicological evidence of a ‘safe’ threshold of crystalline silica content in engineered stone, or that other chemicals found in engineered stone do not pose a health risk to workers.
Silicosis and silica-related diseases are preventable. However, a persistent lack of compliance with, and enforcement of, the obligations imposed under WHS laws across the engineered stone industry at all levels have not protected workers from the health risks associated with respirable crystalline silica.

While WHS ministers are yet to make a decision on Safe Work Australia’s recommendation to prohibit the use of all engineered stone, Minister for Employment and Workplace Relations Tony Burke said the final report is “powerful and compelling”.

“It shows very clearly why we need further action to protect workers from this deadly disease,” he said.

“No one should ever contract a terminal illness simply because they’ve turned up to work. The government is working with the states and territories on a cooperative national response.”

Minister Burke said a meeting of WHS ministers will be convened this year to decide on next steps.

In February 2023, following the urging of unions, public health organisations and work health and safety specialists, WHS ministers requested Safe Work Australia consult on the introduction of a ban on engineered stone to be implemented by July 2024 and adopt a broad silica regulation, supported by industry codes of practices, to be included in the Model Laws by the end of 2023.

A number of leading health experts and organisations – including the Australian Institute of Health & Safety (AIHS) – released a joint statement in which they backed calls to ban the use of all engineered stone products.

“As experts in health, disease prevention, and occupational health and safety we are encouraged to see that the report from Safe Work Australia to WHS Ministers supports a complete ban on the use of engineered stone products, irrespective of the level of silica,” the statement said.

“This recommendation to ban all engineered stone, including ‘low silica’ products, is consistent with our calls, the findings of the National Dust Disease Taskforce Report to the previous Federal government in June 2021, and the Draft National Silicosis Prevention Strategy. Current scientific evidence is that a percentage of crystalline silica in engineered stone that is ‘safe’ cannot be determined.”

Although silicosis is a completely preventable disease, as many as 1 in 4 stonemasons working with engineered stone are contracting a form of silicosis that develops after relatively short exposure periods, is severe and worsens relatively quickly.

“Thus far industry as a whole has not been able to demonstrate that workers’ health can be protected,” the statement said.

“Our aim is to prevent silicosis in Australia. We urge WHS Ministers to immediately adopt the report’s recommendation to ban all engineered stone and protect workers who are paying the true cost of our shiny kitchen benchtops.”

The ACTU also signed the joint statement and welcomed the Safe Work Australia report.

“Silicosis and silica-related diseases pose an unacceptable health risk to workers. This report shows that there is no type of engineered stone that is safe for workers,” said ACTU assistant secretary Liam O’Brien.

“We welcome the decision earlier this year of WHS Ministers to introduce stronger silica rules covering all work. However, this report makes clear that to truly protect the health and wellbeing of workers, we must ban this deadly fashion product once and for all.”

The ACTU also resolved to take all necessary steps to ban engineered stone by the middle of next year following a CFMEU motion if government bans are not in place by then.

The ACTU said this will mean union members will not allow engineered stone to be transported or used on building sites across Australia.

“The foreign multinational corporations that manufacture and import this product have known about the risk it poses for decades and have failed to take the necessary steps or warn and protect workers,” said O’Brien:”

“We must also ensure that those that suffer from this disease are supported with improved medical treatment and compensation.”

Originally published by the Australian Institute of Health & Safety (AIHS) 10.2023