Update to Prohibition on the use of Engineered Stone

On 22 March 2024, WHS Ministers met to continue their ongoing discussions about the prohibition of the use of engineered stone in Australia.  Draft amendments to the model WHS laws were agreed by the Ministers – the amendment which would give effect to the prohibition on the use of engineered stone from 1 July 2024.  There was also some clarity provided around the products that were captured by the prohibition namely engineered stone benchtops, panels and slabs etc., and those products that would not be captured by the prohibition.

It should be noted that each jurisdiction can choose to adopt a transition period for contracts entered into prior to the announcement of the prohibition or from 31 December 2023, however, at the time of writing there has been no update from WorkSafe ACT as to whether it may adopt a transition period and what this might look like. It is important to note that the ACT Government has taken a strong public stance in addressing exposure to silica dust and we expect this will guide considerations for a transition period.

Members are encouraged to explore alternative products under eligible contracts as soon as possible and to approach contract negotiations in good faith with your clients to find an alternate solution and make the necessary variations. Once further information becomes available, members will be notified.

If you require further information about the use of engineered stone or where are unsure how to approach discussions with your client/s, please reach out to the Workplace Relations and Legal Team on 6175 5900.