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Annex V: Australia’s amendments to its regulatory settings in response to the risks posed by RCS
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Building and construction consultations
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Work with engineered stone and materials containing crystalline silica
- Minister's foreword
- Executive summary
- Introduction
- Current risk requirements
- Problem definition
- Options for working with engineered stone and materials containing crystalline silica
- Closing remarks
- Summary of all consultation questions
- Glossary
- Annex I: Silicosis and engineered stone background
- Annex II: Overview of the health and safety regulatory regime
- Annex III: Revised Workplace Exposure Standard
- Annex IV: Further information on the status quo
- Annex V: Australia’s amendments to its regulatory settings in response to the risks posed by RCS
- Making it easier to build granny flats (2024)
- Building Code fire safety review discussion document
- Review of the building consent system (snapshot)
- Proposed amendments to the BuiltReady Scheme Rules public consultation
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Building consent system review: Options paper summary of submissions
- Introduction
- Key themes from submissions
- Promoting competition in the building regulatory system
- Removing impediments to product substitution and variation
- Strengthening roles and responsibilities
- New assurance pathways
- More efficient and streamlined delivery of building consent services
- Better performance monitoring and system stewardship
- Better responding to the needs and aspirations of Māori
- Addressing the interface between the building and resource consent system
- Submitter details
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Improving efficiency in the inspection process: Discussion document
- Use of information
- Minister's foreword
- Introduction
- Increasing the uptake of remote inspections
- Section one: Options to increase the uptake of remote inspections and improve efficiency of inspection processes
- Section two: Increasing inspection capacity through the use of Accredited Organisations (Building)
- Appendix one: Full list of consultation questions
- Appendix two: Summary of options for feedback
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Consultation document: Insulation requirements in housing and other buildings
- 1. Introduction
- 2. Insulation in housing and small buildings
- 3. Insulation in large buildings
- Appendix A: Proposed changes to Acceptable Solution H1/AS1 Energy Efficiency for all housing, and bu
- Appendix B: Proposed changes to Verification Method H1/VM1 Energy Efficiency for all housing, and buildings up to 300m squared
- Appendix C: Proposed changes to Acceptable Solution H1/AS2 Energy Efficiency for buildings greater than 300m squared
- Appendix D: Proposed changes to Verification Method H1/VM2 Energy Efficiency for buildings greater than 300m squared
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Work with engineered stone and materials containing crystalline silica
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.
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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.