WorkSafe ACT Update on Engineered Stone Ban

As members would have known, from 1 July 2024, the ban on the supply, use and manufacture of engineered stone will come into effect in the ACT.  The national ban of engineered stone aims to better protect workers from the risk of developing silicosis from exposure to respirable crystalline silica or silica dust.

The ban covers the use, supply and manufacture of engineered stone benchtops, panels, and slabs with crystalline silica content of greater than 1%.

WHS ministers have now endorsed amendments to the model WHS regulations that incorporates two new national frameworks relating to the prohibition:

• a notification framework requiring PCBUs to notify the relevant WHS regulator if they are proposing to carry out permitted work to remove, dispose of, repair or make minor modifications to legacy engineered stone, and
• an exemption framework to provide 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.

Porcelain and sintered stone products such as benchtops, slabs and panels are exempt from the ban. The ban also does not include finished engineered stone products that don’t need to be processed or modified such as jewellery, garden ornaments, sculptures, and kitchen sinks.

Removal, repairs, minor modification and disposal of engineered stone benchtops, panels and slabs already installed will not be subject to the ban.

Until the ban of engineered stone comes into effect, workers and businesses can continue to work with engineered stone in accordance with the ACT’s silica safety rules.

PCBUs are encouraged to explore alternative products as soon as possible and not enter into any new contracts for the use of engineered stone that may not be fulfilled before the prohibition comes into effect on 1 July 2024.

For more information on the engineered stone ban in ACT please read the CMTED Factsheet here: Engineered stone ban 1 July 2024 Factsheet. Related amendments to the model Work Health and Safety Regulations, and the stronger regulation of crystalline silica substance can be found on the Safe Work Australia website.