Are You Ready?

New obligations were introduced in Victoria in November 2021 aimed at protecting workers from exposure to deadly Crystalline Silica dust. There was a phased approach to the introduction of the regulations to give you enough time to prepare for the changes to your duties and obligations.  However, the 15 November 2022 deadline for the introduction of the remaining Victorian Crystalline Silica Regulations is fast approaching. What does this mean for you?

What Changes Come Into Effect In November 2022?

From the 15 November 2022 it will become a requirement in Victoria for:

• All businesses working with engineered stone to be licenced
  This means that an employer or self-employed person is required to hold an engineered stone licence if an engineered stone process is undertaken at the workplace for which they are responsible. 
• Suppliers can only supply engineered stone to businesses who have a licence
  It will be the duty of the supplier to not supply engineered stone to a person who requires an engineered stone licence but does not have one.

Who Needs A Licence?

It is becoming a matter of urgency for affected businesses to apply for an engineered stone licence through the Worksafe Victoria website. If you don’t have a license, you won’t be able to perform the soon to be restricted work or purchase engineered stone from a supplier or manufacturer, if you intend to undertake an engineered stone process. A licence, valid for five years, will be granted if you meet the necessary safety requirements. You’ll need a license if your business involves cutting, grinding and/or abrasively polishing engineered stone.

The Introduction Of A Requirement For A Control Plan

Although the transition period until the 15th November 2022 allows affected businesses to continue to perform engineered stone processes, there are recently implemented legislative requirements to control the risk of exposure from engineered stone. These include the development and implementation of a control plan which does not have the grace of the transition period.

An employer or a self-employed person engaged in undertaking an engineered stone process must prepare an Engineered Stone Control Plan (ESCP) before commencing that work. An ESCP is a document that identifies the hazards and risks associated with engineered stone processes undertaken at a workplace that generates crystalline silica dust, and the control measures necessary to manage those risks. The ESCP should describe in clear terms how risks from the work will be effectively controlled to enable the work to be done safely.

The control plan must:

• Identify the engineered stone processes undertaken
• State the hazards and associated risks with that work
• Detail the control measures to reduce identified risks 
• Describe how the risk control measures are to be implemented
• Be set out in a way that is clear and readily accessible to relevant workers

May 2022 Changes

The final changes to the new Crystalline Silica Regulations in November follow additional regulations that came into effect in May this year:

• Businesses working with silica must identify and document high-risk crystalline silica work and the risk control measures they have in place
• Employers are required to provide safety training and instruction to any employees and information to any job applicants who may engage in high-risk crystalline silica work
• Manufacturers and suppliers of products containing crystalline silica must provide a statement outlining the percentage of crystalline silica in the product, along with information about safe handling and exposure controls

For those who choose to be complacent about the incoming regulations, beware! Worksafe Victoria may well focus on conducting random workplace inspections within the industry to audit compliance with the new, enforceable engineered stone license regulations.