Silica, also called silicon dioxide, is a naturally occurring and widely abundant mineral that forms the major component of most rocks and soils. There are non-crystalline and crystalline forms of silicon dioxide. The most common type of crystalline silica is quartz. When stone, rock or manufactured materials containing crystalline silica undergo mechanical processes such as crushing, cutting, drilling, grinding, sawing or polishing, they can generate very small sized crystalline silica dust, known as respirable crystalline silica, that can penetrate deep into the lungs and cause irreversible lung damage.

Silicosis is a serious, irreversible lung disease that causes permanent disability and can be fatal. Respirable crystalline silica (RCS) can be breathed deep into the lungs and cause inflammation and scarring of the lung tissue that reduces the lungs’ ability to take in oxygen. Damage to the lungs from RCS and symptoms of disease may not appear for many years but can also develop after a short exposure to high levels of RCS.

Between 2010-11 and 2021-22, there were 551 accepted workers’ compensation claims for silicosis in jurisdictions covered by the model WHS laws . 

While silicosis cases have been reported in workers using different types of silica-containing materials across a range of industries, a disproportionate number of silicosis cases are in engineered stone workers. In these workers (compared to workers exposed to silica from natural sources), silicosis is associated with a shorter duration of exposure to silica, faster disease progression and higher mortality. One of the key reasons for this is the nature of engineered stone and the dust it produces:

• Engineered stone often has significantly higher crystalline silica content, resulting in the generation of dust containing more respirable crystalline silica when processed, compared to natural stone.
• Engineered stone is easier to process than natural stone, meaning a less skilled workforce can be used to process more stone in one shift, leading to higher exposure to dust.
• Respirable crystalline silica generated from engineered stone has different physical and chemical properties to that produced from natural stone, including a greater proportion of very small (nanoscale) particles of crystalline silica which can penetrate deeper into the lungs.
• Other components of engineered stone, such as resins, metals, amorphous silica, and pigments, may contribute to the toxic effects of engineered stone dust, either alone or by exacerbating the effects of respirable crystalline silica.

Safe Work Australia is a national policy body with Members representing the Commonwealth, states and territories, as well as workers and employers. Our Members are supported by a small Commonwealth agency. We work to achieve healthier, safer and more productive workplaces through improvements to WHS and workers’ compensation arrangements.

Safe Work Australia is responsible for maintaining the model work health and safety (WHS) laws. To become legally binding, the Commonwealth, states and territories must separately implement the model WHS laws in their jurisdictions. 

As a national policy body, we are not a regulator and do not enforce WHS laws or have a role in relation to compliance. The Commonwealth, states and territories regulate and enforce WHS laws and administer workers’ compensation schemes in their jurisdictions.

On 13 December 2023, WHS ministers unanimously agreed to ban the use, supply and manufacture of engineered stone from 1 July 2024. 

As the national WHS policy body, Safe Work Australia was responsible for working with the Australasian Parliamentary Counsel’s Committee (PCC) to develop and publish amendments to the model WHS Regulations to give effect to this decision by WHS ministers. 

For the amendments to the model WHS Regulations to have effect, each jurisdiction must implement them into their own WHS laws. The implementation of the ban may vary slightly from jurisdiction to jurisdiction. Refer to your WHS regulator for specific information about how the ban applies in your jurisdiction.

A ban on the manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs applies in all Australian jurisdictions.

The ban only applies to engineered stone benchtops, panels and slabs.

For the purposes of the model WHS Regulations, engineered stone is defined as an artificial product that:

1. contains at least 1% crystalline silica as a weight/weight concentration, and
2. is created by combining natural stone materials with other chemical constituents (such as water, resins, or pigments), and
3. becomes hardened.

However, engineered stone does not include: 

1. concrete and cement products
2. bricks, pavers, and other similar blocks
3. ceramic wall and floor tiles
4. sintered stone (provided it does not contain resin)
5. porcelain products (provided they do not contain resin)
6. roof tiles
7. grout, mortar, and render, and
8. plasterboard.

Therefore, to be banned, a product must be in benchtop, panel or slab form and meet all meet criteria (1) to (3) of the engineered stone definition. However, products of the types specified in (a) to (h) above are not banned because they are not engineered stone for the purposes of the model WHS Regulations.

Examples of products that are not prohibited include:

• an artificial stone benchtop, panel or slab made that contains less than 1% crystalline silica because the definition of engineered stone requires at least 1% crystalline silica 
• a porcelain or sintered stone benchtop, panel or slab that does not contain resin, as these are excluded from the definition of engineered stone (see (d) and (e) above)
• finished engineered stone products (e.g. garden ornaments, sculptures, kitchen sinks) because they are not benchtops, panels or slabs and they are not intended to be further processed to be used or installed.

For further information on the exclusions from the prohibition, refer to section 2.3 (Definition of engineered stone and the scope of the prohibition) of the Engineered stone prohibition: Guidance for PCBUs. 

The vast majority of silicosis cases identified in recent years are in engineered stone workers. These workers get sick sooner, and experience faster disease progression and higher mortality than other workers exposed to respirable crystalline silica or silica dust.

WHS ministers agreed on 13 December 2023 to Safe Work Australia’s recommendation to ban the use of all engineered stone due to the unacceptable risk it poses to workers. Expert analysis shows dust from engineered stone poses unique hazards , and there is no evidence that engineered stone with a lower silica content (e.g. 40% or 10%) is safer to work with.

Engineered stone prohibition: Guidance for PCBUs is available to support persons conducting a business or undertaking (PCBUs) understand how the amendments to the model WHS Regulations affect them. 

Safe Work Australia has also published supporting resources that highlight key sections, definitions and processes from the guidance. 

We encourage PCBUs and workers to stay up to date with information from Safe Work Australia and their WHS regulator.

Legacy engineered stone includes any engineered stone benchtop, panel, or slab that is already installed and, for the purposes of disposal, includes engineered stone benchtops, panels and slabs whether installed or not installed (such as a stockpile).

The amendments to the WHS Regulations that give effect to the engineered stone ban allow persons conducting a business or undertaking (PCBUs) to continue to work with legacy engineered stone for limited purposes. 

Work involving the processing of legacy engineered stone is still allowed for the following limited purposes:

• work carried out for the purpose of removing, repairing, making minor modifications or disposal of installed engineered stone, and
• work carried out for the purposes of disposal of engineered stone whether installed or not.

A person conducting a business or undertaking (PCBU) that is proposing to carry out the above work must notify the WHS regulator before doing so and must ensure any processing of the engineered stone is controlled. 

Further information about this type of permitted work with legacy engineered stone and the notification framework for this work is available.  

Work involving the supply, installation or processing of engineered stone benchtops, panels and slabs is still allowed for the following limited purposes:

• for genuine research and analysis, and
• to sample and identify engineered stone.

A PCBU that is proposing to carry out the above work does not need to notify the WHS regulator but they must ensure any processing of the engineered stone is controlled. Further information about this type of permitted work with legacy engineered stone is available.  

The model WHS Regulations allow a WHS regulator to exempt a type of engineered stone from the prohibition.

An exemption from the engineered stone prohibition may only be granted if the WHS regulator is satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption.

Before applying for an exemption, the applicant must consult with Safe Work Australia’s social partners (i.e. the Safe Work Australia Members who represent the interests of employers and workers).

Further information on the exemption framework is available. 

Safe Work Australia is responsible for the development of evidence-based national policy on WHS and workers’ compensation matters. Part of this ongoing role is to monitor, review and respond to potential new and emerging WHS hazards.

On 10 May 2024, WHS ministers agreed to the Model Work Health and Safety (Crystalline Silica Substances) Amendment 2024. From 1 September 2024, amendments to the WHS Regulations will provide for the stronger regulation of work with all materials containing at least 1% crystalline silica, including engineered stone, across all industries.

Safe Work Australia is developing guidance to support persons conducting a business or undertaking (PCBUs) and workers understand the amendments to the model WHS Regulations. We encourage PCBUs and workers to stay up to date with information from Safe Work Australia and their WHS regulator.

If you work with engineered stone, you may be exposed to respirable crystalline silica (RCS) at work. Your employer must protect you, and anyone else in the workplace, from risks to your health and safety, such as those from exposure to RCS. They must put in place control measures to remove, or reduce, exposure to RCS. Control measures can include wet cutting, on-tool dust removal, local exhaust ventilation, and breathing protection.

As a worker, you have a responsibility to protect yourself and other people around you at work. This includes complying with reasonable work health and safety instructions, and co-operating with reasonable policies and procedures to protect you from breathing in dust including by wearing appropriate personal protective equipment ( PPE ). You must be given the appropriate PPE (including respiratory protective equipment) to work with engineered stone and your employer must give you information and instructions on how to use and wear your PPE properly.

Talk to your employer about what they are doing to manage the risks of RCS at your work. If you are worried about a serious risk to your health and safety, you have the right to stop or refuse to carry out work. If you do this, you must inform your employer as soon as you can.

If after raising a safety concern with your manager or supervisor, you are still concerned about a risk to your health and safety you should speak to your health and safety representative ( HSR ) or contact the WHS regulator in your jurisdiction for advice. If you are a member of a trade union or employee association, they may also be able to help you.

Workers in occupations with a high risk of exposure to respirable crystalline silica, such as those working with engineered stone benchtops, panels and slabs, must undergo health monitoring with a registered medical practitioner experienced in health monitoring. Safe Work Australia recommends annual health monitoring for engineered stone workers.

A person conducting a business or undertaking must provide health monitoring to workers if there is a significant risk to health or a significant risk of exposure to respirable crystalline silica, such as when working with engineered stone. You should talk to your health and safety representative (HSR), or, if you do not have an HSR, your manager or employer, about arranging health monitoring. If you do not feel comfortable approaching your employer, or they refuse to provide health monitoring, you should contact the WHS regulator in your jurisdiction for advice.

On 22 March 2024, WHS ministers agreed to limit the ban to engineered stone benchtops, panels and slabs as these are the products which are most commonly processed within Australia and pose the greatest risk to workers. 

Engineered stone products that are not intended to be processed, such as prefabricated sinks, jewellery and garden ornaments, are not subject to the ban. Any work that involves processing engineered stone that is not a benchtop, panel or slab must still be controlled.

Further information on exclusions from the ban is available. 

Refer to your WHS regulator to find out if transitional arrangements apply in your jurisdiction and to your circumstances. 

There are some minor exceptions to the ban in relation to previously installed engineered stone benchtops, panels and slabs. These are discussed above in the FAQs: 

• What is legacy engineered stone?, and 
• What work with legacy engineered stone is still allowed despite the ban?

On 13 December 2023, WHS ministers noted the Commonwealth’s intention to extend the ban on engineered stone to include an importation ban.

All questions relating to the import of engineered stone products are handled by the Commonwealth Department of Employment and Workplace Relations.

Available evidence suggests engineered stone products do not pose a safety risk after installation in your home or workplace, as long as they are not processed (eg, cut or polished) with electric tools. Health and safety risks may arise if silica dust is generated during the removal, repair, minor modification or disposal of legacy engineered stone.

It is important that you don’t undertake DIY work with engineered stone. You should contact a qualified tradesperson if you require repairs, minor modification, removal or disposal of legacy engineered stone already in place in your house or workplace, such as benchtops or splashbacks. The tradesperson must use control measures to minimise the generation of dust and must wear respiratory protection.

Further information on the requirements for controlled processing is available.

It is important that you don’t undertake DIY work with engineered stone. You should contact a qualified tradesperson if you require removal, repairs, minor modification or disposal of engineered stone already in place in your house or workplace, such as benchtops or splashbacks.  

Persons conducting a business or undertaking (PCBUs), including tradespersons, are permitted to carry out, or direct workers to carry out, the repair, minor modification, removal or disposal of legacy engineered stone, provided any processing of the stone is controlled. PCBUs must also notify the WHS regulator of the work.

Under the model WHS Regulations, the engineered stone prohibition applies to installation. This includes re-installation. Therefore, you cannot re-install an engineered stone benchtop, panel or slab that has been removed for the purpose of cabinet repair or refurbishment, even if no processing is required.

Safe Work Australia Members have agreed that this is an unintended consequence of the engineered stone prohibition amendments of the model WHS Regulations. This matter has been referred to the Heads of Workplace Safety Authorities (WHS regulators in each state and territory). 

As an interim solution, exemptions to permit re-installation in specific circumstances has been granted in some jurisdictions. Please contact your WHS regulator for more information.