Problem definition

We have defined our problem as: despite current actions, risk management practices are insufficient to manage the risks posed by RCS

Despite the actions listed above, risk management practices remain inconsistent. WorkSafe inspections have found that even better-performing businesses sometimes lapse in applying effective controls. We note that the engineered stone industry has similar features to Australia, with a high proportion of smaller businesses and relatively high business turnover[1]. Due to the high risk posed to workers, we are considering options to strengthen the regulatory requirements in place to ensure the safety of anyone involved with work where RCS may be present. We have particularly focused on engineered stone due to the higher risk posed in this industry; however, we are interested in feedback regarding all industries where workers are exposed to RCS.

Should additional requirements be put in place?

We are now looking to consult on the effectiveness of options to strengthen the current requirements already in place (the status quo is referred to as option 1 throughout the remainder of this paper). This paper outlines the policy problems as we currently see them, our objectives, and options to address the problem. 

We ask a series of questions throughout the document. Answers to these questions will help us identify preferred options that will minimise risk of exposure to workers so far as is reasonably practicable. We also welcome any further options or points of consideration you think relevant.

We have also commissioned an independent scientific review in order to gather further evidence to assess the risks and impacts of working with engineered stone.

Wide scope of issues and a wide range of options

The areas we are seeking feedback on through this discussion document, and which the options outlined encompass, are:

  • working with engineered stone
  • working with materials containing crystalline silica in other industries, and
  • how to control the risks from engineered stone and other sources of exposure to respirable crystalline silica.

It is important to remember that while this document focuses primarily on engineered stone, we are interested in understanding the risks associated with RCS in all relevant industries.

Issues that are out of scope

We are aware there could be other health and safety policy and regulatory issues relating to engineered stone and materials containing crystalline silica of interest to submitters that have not been included for discussion in this paper. In some cases, work on these issues is already being progressed by MBIE or other government agencies. In other cases, issues may not be identified as a priority for consideration at this time.

In particular, the following areas are out of scope of this discussion document:

  • Work health and safety regulatory system – MBIE has publicly consulted separately on the work health and safety system on behalf of the Minister for Workplace Relations and Safety. Feedback is being reviewed and considered, which will inform advice to Ministers on any improvements that could be made to the work health and safety system.
  • Hazardous substances regulations – Work on reforming these regulations has not yet started.  Hazardous substances are substances that are one or more of explosive, flammable, able to oxidise, corrosive, or toxic – such as RCS.[2] The substances are grouped into class, based on the properties of the substance.

Footnotes

[1] For a summary of Australia’s amendments to its regulatory settings please refer to Annex V.

[2] Note this substance is only hazardous if it is a fine respirable dust, see: https://www.epa.govt.nz/database-search/approved-hazardous-substances-with-controls/view/2E5633A9-555C-477B-984A-47B182A8F401.