Annex V: Australia’s amendments to its regulatory settings in response to the risks posed by RCS

In Australia, under the model Work Health and Safety (WHS) laws, PCBUs, including designers, importers and manufacturers, are required to eliminate or minimise the risks to workers and others from respirable crystalline silica (RCS) so far as is reasonably practicable, including that generated from engineered stone.

In response to the diagnoses of silicosis in Australian engineered stone workers, several Australian states amended their regulatory settings to remove any doubt in relation to the applicable control measures when working with engineered stone. This includes:

  • Most states implemented screening programmes for workers who have historically been exposed to RCS from engineered stone. They have been partly or fully supported through public funding.
  • In 2019, Queensland released the Managing respirable crystalline silica dust exposure in the stone-benchtop industry code of practice. It sets out enforceable standards that must be met to minimise the risk of worker exposure to RCS in the stone benchtop industry. In 2021, Safe Work Australia published a model code of practice based on Queensland’s, and this has since been implemented by other states.
  • The Model WHS Regulations were amended to expressly prohibit the uncontrolled processing of engineered stone. This included a ban on dry cutting unless stringent dust control and personal protective equipment (PPE) requirements were met. The workplace exposure standard for RCS was also reduced.[1]
  • Victoria (which does not use the model WHS laws) established a licencing scheme for engineered stone businesses from November 2022. Victoria also established duties for businesses undertaking high-risk work involving other materials containing silica.

However, despite the development of these regulations, there was evidence of continued non-compliance with the obligations imposed by WHS laws, by both PCBUs and workers,[2] meaning that workers were still put at risk from exposure to RCS. This led to Australia shifting to a national approach, updating the model WHS laws to implement a ban on the importation, use, and supply of engineered stone from 1 July 2024. All Australian states have adopted this ban.

Australia’s approach has been described as a precautionary approach. It is based on continued scientific uncertainty about the reasons for high levels of harm from work with engineered stone and whether the risks to workers can be adequately managed.


Footnote

[1] From 0.1 mg/m3 to 0.05 mg/m3 (8-hour time weighted average).

[2] See https://www.safeworkaustralia.gov.au/sites/default/files/2023-10/decision_ris_-_prohibition_on_the_use_of_engineered_stone_-_27_october_2023.pdf