Commonwealth, State and Territory Work Health and Safety (WHS) Ministers met on Friday 22nd March 2024 to agree on a number of key implementation matters associated with a prohibition on the use of engineered stone benchtops, panels and slabs and to endorse a stronger regulatory framework to manage the risk of exposure to respirable crystalline silica from other materials and products.
Ministers agreed draft amendments to the model WHS laws to give effect to the prohibition on the use of engineered stone from 1 July 2024. These amendments:
- make clear that the prohibition applies to engineered stone benchtops, panels and slabs,
- specify that all sintered stone and porcelain products (including benchtops, panels and slabs) are excluded from the prohibition, and for the avoidance of doubt, clarify that porcelain products and sintered stone for this purpose are products that do not contain resin, and
- clarify that finished engineered stone products (such as jewellery, garden ornaments, sculptures, kitchen sinks) which do not require processing or modification, and pose minimal risk to the health and safety of workers, are not prohibited
Ministers agreed jurisdictions may adopt a transition period for contracts entered into prior to the announcement of the prohibition. This means that work that involves the supply, installation or processing of engineered stone benchtops, panels and slabs between 1 July 2024 and 31 December 2024 would be exempt from the prohibition provided the work is carried out under, or for the purposes of, a contract that provides for the installation of engineered stone entered into on or before 31 December 2023. Activities undertaken during this period must be appropriately controlled and will be subject to stronger WHS regulations for high-risk crystalline processes, also agreed at the meeting
Once amendments are finalised, Ministers agreed to implement these regulations by 1 September 2024 for all work with substances containing at least 1 per cent crystalline silica. In the interim, regulations prohibiting uncontrolled processing of engineered stone, sintered stone and porcelain benchtops, panels and slabs will continue to apply.
Safe Work Australia will provide advice relating to further development of the exemption framework to WHS Ministers for consideration by the end of April 2024.
Ministers agreed to meet again in May 2024 To read the full details of the communique click the below link, Friday
Supporting the Industry
ACFA will keep the industry updated in relation to the ban on engineered stone and developments from further Ministers meetings and will continue to raise our industry challenges through representation on the Australian Chamber of Commerce and Industry (ACCI) Work Health and Safety Committee and Silica Reference groups.
If you haven’t already done so, ACFA would encourage you to speak with your supplier on alternative options as more options continue to become available that may suit your business or customers
