On 22 March 2024, WHS ministers met to discuss the draft amendments to the model WHS Regulations to give effect to the engineered stone ban.
WHS ministers agreed the ban applies to engineered stone benchtops, panels and slabs and that engineered stone be defined in the model WHS Regulations as an artificial product that:
- contains at least 1% crystalline silica as a weight/weight concentration, and
- is created by combining natural stone materials with other chemical constituents (such as water, resins, or pigments), and
- becomes hardened.
This definition excludes:
- concrete and cement products
- bricks, pavers, and other similar blocks
- ceramic wall and floor tiles
- sintered stone
- porcelain products
- roof tiles
- grout, mortar, and render, and
- plasterboard.
In making their decision, WHS ministers also agreed that finished engineered stone products (such as jewellery, garden ornaments, sculptures, kitchen sinks) which do not require processing or modification would be excluded from the ban.
Under the transitional arrangements, WHS ministers agreed that work involving the supply, installation or processing of engineered stone benchtops, panels and slabs between 1 July 2024 and 31 December 2024 are to be exempt from the prohibition if the work is carried out under, or for the purposes of, a contract entered into on or before 31 December 2023.
For more information see the meeting Communique released by the Department of Employment and Workplace Relations, or contact your local WHS regulator.
Safe Work Australia has also updated the engineered stone ban web page, including frequently asked questions.