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Engineered stone prohibition slated for 1 July 2024

Workplace safety
Originally published by the Australian Institute of Health & Safety

Commonwealth, state and territory governments have unanimously agreed to prohibit the use, supply and manufacture of all engineered stone with the majority of jurisdictions to commence the prohibition from 1 July 2024.

A prohibition on the use of engineered stone was recommended in Safe Work Australia’s Decision Regulation Impact Statement: Prohibition on the use of engineered stone, a report prepared at the request of WHS Ministers in response to the rise in silicosis diagnoses in engineered stone workers.

Previously installed engineered stone is safe to use and does not need to be removed. Modifications or repairs to engineered stone products should only be undertaken by a qualified tradesperson, and in accordance with work health and safety regulations.

Safe Work Australia will now draft amendments to the model WHS Regulations. The amendments will then be implemented in each jurisdiction’s WHS laws. Safe Work Australia will also develop a national framework to ensure anyone working with engineered stone products installed prior to the prohibition is doing so safely. 

Until the prohibition comes into effect, workers and businesses can continue to work with engineered stone in a controlled way, as detailed in the model WHS Regulations.

“Workplace exposure to respirable crystalline silica has led to an unacceptable increase in the number of cases of silicosis and other silica-related diseases. Expert analysis shows that silica dust from engineered stone poses unique hazards and there is no evidence that low silica engineered stone is safe to work with,” said Safe Work Australia CEO Marie Boland.

“This prohibition will make Australian workplaces safer and healthier. The vast majority of silicosis cases identified in recent years are in engineered stone workers. Many of these cases are in younger workers who are experiencing faster disease progression and higher mortality. 

“The cost to industry, while real and relevant, cannot outweigh the significant costs to workers, their families and the broader Australian community that result from exposure to respirable crystalline silica from engineered stone.

“Continued work with engineered stone poses an unacceptable risk to workers, which is why we recommended a prohibition on the use of all engineered stone.”

Now that a prohibition has been agreed by WHS ministers, Boland said Safe Work Australia will progress amendments to the model WHS Regulations and develop guidance to support PCBUs and workers understand and prepare for the change.

The decision was welcomed by WHS regulators around the country, with SafeWork NSW encouraging businesses and consumers not to enter into contracts for engineered stone which may not be able to be fulfilled and to be mindful of the upcoming prohibition on these materials.

Head of SafeWork NSW Trent Curtin said the decision to ban engineered stone is a step towards safer work for those in the engineered stone industry, which will ensure the eradication of silica dust exposure from engineered stone in NSW.

“Silicosis is preventable and this decision will remove dangerous exposure to silica dust from engineered stone, saving lives in the process,” he said.

“SafeWork NSW inspectors will continue to take a zero-tolerance approach to lives being placed at risk from any un-safe use of engineered stone and will take compliance and enforcement action at worksites found to be non-compliant where necessary.”

Queensland’s Minister for Industrial Relations, Grace Grace said the state first put a proposed ban on the national agenda in 2018 in response to escalating health impacts on workers, including silicosis, caused by the use of engineered stone.

She noted the Commonwealth has also flagged it will put in place a complementary customs prohibition on engineered stone to provide an additional layer of enforcement and deterrence at the border.

“Queensland is extremely proud to have led a national campaign which has culminated in a ban on the use of engineered stone,” she said.

“This is a dangerous product that’s known to cause the potentially fatal disease silicosis, and it has no place in our workplaces.

“Major retailers including Bunnings and IKEA have already announced they will phase out sales of engineered stone and I encourage other retailers to follow their example.”

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