Following on from the commencement of the engineered stone ban earlier this year, from 1^st September 2024 there will be stronger regulation of all materials containing at least 1% crystalline silica.

The requirement from 1^st September 2024 under the Model WHS Laws will be that when working with crystalline silica substances (CSS) to control the processing of the CSS by specified means, such as isolation, wet dust suppression, on-tool extraction or local exhaust ventilation.

When working with any product or material that contains at least 1% crystalline silica you must:

1. Control the processing of the product or material.
2. Assess if the processing of the product or material is high risk.

ACFA encourages members to familiarise themselves with the new requirements by reviewing the Safe Work Australia Working with Crystalline Silica Substances: Guidance for PCBU’s, to help protect workers and others at the workplace from exposure to crystalline silica.

Download is Free, Non ACFA Members will be required to create a guest account before downloading

Each jurisdiction needs to adopt the new model laws for it to be enforceable. It is understood that NSW, QLD, TAS, SA, NT, WA and ACT have adopted the model laws. VIC members should note that the requirements for working with CSS differ from the model laws but are largely consistent.

Each jurisdiction also has relevant resources and support material specific to their jurisdiction, ACFA would encourage members to review the specific information on the jurisdiction you operate in by visiting the Safe Work Australia Engineered Stone Ban website.

ACFA Resources for Businesses

ACFA also provides members with access to additional WHS resources for working with crystalline silica including.

Most of these resources are available for free download. Non-ACFA members will need to create a guest account before accessing them

On Friday 10 May 2024, WHS ministers agreed to 2 sets of amendments to the model WHS Regulations, which will help protect workers from silicosis caused by exposure to respirable crystalline silica.

These amendments give effect to the engineered stone ban from 1 July 2024 and provide further regulation of all materials containing crystalline silica from 1 September 2024.

The first set of amendments to the model WHS Regulations includes 2 new national frameworks relating to the implementation of the engineered stone ban, one for notifying a WHS regulator about permitted work with legacy engineered stone and the other for applications for exemptions for certain types of engineered stone, from 1 July 2024.

The second set of amendments will give effect to stronger regulation of all materials containing crystalline silica, from 1 September 2024.

Individual jurisdictions must make the amendments within their respective work health and safety laws to implement the ban in their jurisdiction from 1 July 2024 and the stronger regulation of all materials containing crystalline silica from 1 September 2024.

Western Australia and South Australia will have transitional arrangements in place from 1 July 2024 to 31 December 2024. Queensland and Victoria will not have a transitional period for the ban, with all other jurisdictions yet to confirm. For an outline of timelines, an overview of jurisdictional transitional arrangements, links to jurisdiction-specific resources, and frequently asked questions, please click the link below to the Safe Work Australia engineered stone ban website:

Safework Australia are also currently developing guidance to support PCBUs understand how the amendments to the model WHS Regulations will affect them. It is expected this guidance will be released by Safework Australia in early June 2024 to assist PCBUs and workers understand and comply with the engineered stone ban, ahead of the 1 July 2024 implementation.

To read the full details of the communique from the WHS ministers meeting click the link below:

ACFA will continue to keep the industry updated in relation to the ban on engineered stone 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. 

ACFA Members

ACFA members, can contact our workplace advice team for assistance in relation to employment matters which may impact your business.

Members can also view and download resources from the ACFA Member Portal WHS/ Crystalline Silica Tab – please remember to enter your username and password to be able to access the member only resources

Please contact our workplace advice team either by email at membership@acf.net.au or phone our toll-free number on 1300 342 248.