Significant Changes To National Health + Safety Regulations

On Friday 22nd March 2024 WHS Ministers met regarding the engineered stone ban.  The Australian Institute of Occupational Hygienists (AIOH) has said that this national approach to the prevention of silica-related diseases across all at-risk industries, building on the Victorian high risk crystalline silica work regulation in place since 2021, is one of the most significant changes  to national health and safety regulation in Australia in the past two decades.

Importantly, agreement was reached on a number of important issues:

1. From 1 July 2024, engineered stone (ES) benchtops, panels, and slabs are prohibited due to respirable crystalline silica risk with a transition period up to 31 December 2024 for contracts signed prior to the prohibition announcement.  Sintered stone, porcelain and specific low risk non-resin products are exempted.
    
2. Exemptions will be available, requiring "compelling evidence" to succeed.  Safe Work Australia will oversee the application process and cross border recognition of exemptions to avoid confusion and inconsistency.
    
3. The risks from alternative products will be reviewed to prevent suppliers evading the prohibition (e.g. through rebranding).
    
4. Regulations for industries handling crystalline silica will be strengthened, focusing on risk identification, control plans, training, and health monitoring. Uncontrolled processing of crystalline silica substances will be prohibited and respirable crystalline silica exposures exceeding the workplace exposure standard will have to be reported to the WHS regulator.
    
5. The Ministers agreed that Safe Work Australia would finalise a review of the prohibition by 31 July 2025 to ensure it is working effectively to protect workers from exposure to respirable crystalline silica and to identify and assess any unintended consequences.

Safe Work Australia will be developing further guidance to support businesses in implementing the new regulations, particularly to assist in understanding and implementing the prohibition and the safety frameworks applicable to alternative products, as well as the development of any codes of practice.