Amendments to implement the engineered stone ban – from 1 July 2024

On 1 July 2024, the Commonwealth and all states and territories implemented amendments to make it an offence for a PCBU to carry out, or to direct or allow a worker to carry out, work involving the manufacture, supply, processing or installation of engineered stone benchtops, panels or slabs. 

There are limited circumstances where work with engineered stone is permitted. For any permitted work with engineered stone, the processing must be controlled and the work must be notified to the relevant WHS regulator.

The amendments also include an exemption framework that provides a process for a WHS regulator to exempt a type of engineered stone from the ban where there is compelling evidence that it can be worked with safely. 

Amendments to implement the stronger regulation of crystalline silica – from 1 September 2024

On 1 September 2024, the model WHS Regulations are amended to provide for the stronger regulation of work with all materials containing at least 1% crystalline silica, including engineered stone.

The amendments apply to PCBUs in the limited circumstances in which work with engineered stone is still permitted despite the ban. The amendments include: 

• a continued requirement for the controlled processing of engineered stone
• a requirement to undertake a risk assessment for all processing of engineered stone to determine whether or not it is high risk, and
• additional duties that apply in relation to any processing of engineered stone that is assessed as high risk.

Resources

Engineered stone ban guidance for PCBUs

Guidance to help PCBUs understand their work health and safety obligations relating to the engineered stone ban: 

• Engineered stone prohibition: Guidance for PCBUs
• Model form for notification of permitted work with legacy engineered stone
• Working with crystalline silica substances: Guidance for PCBUs
• Guide for Applicants for Exemptions

Supporting resources

• Exemption from the engineered stone ban – Flowchart
• When does a PCBU need to notify the WHS regulator of their plan to process legacy engineered stone? – Flowchart
• Key terms used in Engineered stone prohibition: Guidance for PCBUs – Infographic
• Definition of engineered stone – Infographic
• What is controlled processing of engineered stone? – Infographic
• Exemptions from the engineered stone ban – Infographic
• Need more information on the engineered stone ban? – Infographic
• Fact sheet – Summary of Engineered stone prohibition: Guidance for PCBUs 

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More information

• WHS ministers’ meeting 10 May 2024 – Communique
• WHS ministers’ meeting 24 March 2024 – Communique
• Safe Work Australia media release 13 December 2023
• WHS ministers’ meeting 13 December 2023 – Communique
• Crystalline silica and silicosis
• Prohibition on the use of engineered stone - Department of Employment and Workplace Relations, Australian Government (dewr.gov.au)
• Decision regulation impact statement: Prohibition on the use of engineered stone
• Be Silica Smart 
• Occupational lung diseases resources
• Chapter 8A Crystalline Silica, model WHS Regulations