On 22 March 2024, WHS ministers from Commonwealth, state, and territory governments reached several key decisions regarding the upcoming prohibition on the use of engineered stone, which is set to be implemented in most jurisdictions from 1 July 2024.
Chaired by the Commonwealth Minister for Employment and Workplace Relations Hon Tony Burke MP, the meeting focused on finalising implementation details for the prohibition.
The agreed-upon changes include amendments to the model WHS laws to clearly define the prohibition’s scope, excluding sintered stone and porcelain products that do not contain resin.
Additionally, finished engineered stone products not requiring processing or posing minimal health risks will be exempt from the prohibition.
Ministers also endorsed Safe Work Australia’s proposed framework for exemptions, which will be managed by WHS regulators through an application process requiring compelling evidence of safe use.
The framework aims for a nationally consistent approach and includes mutual recognition arrangements between jurisdictions.
Regarding alternative materials containing crystalline silica, ministers acknowledged the need for further consideration due to associated health risks.
They condemned any attempt to rebrand engineered stone to evade the prohibition and encouraged strong compliance and enforcement actions against such practices.
Transitional arrangements were discussed, allowing contracts entered into before the prohibition announcement to proceed until 31 December 2024, provided they were for the installation of engineered stone and entered into before 31 December 2023.
Legacy-engineered stone will be subject to a notification framework, requiring businesses to notify WHS regulators of any work involving such materials.
The meeting also addressed the regulation of other crystalline silica processes, agreeing on stronger regulations, including the prohibition of uncontrolled processing of all crystalline silica substances across all industries.
Ministers reaffirmed their commitment to preventing exposure to respirable crystalline silica and requested further advice from Safe Work Australia on specific health risks and necessary safeguards.
Safe Work Australia will work with the Australasian Parliamentary Counsel’s Committee to finalise amendments to the model WHS Regulations, ensuring jurisdictions can adopt these changes in their respective laws by 1 September 2024.
Further guidance and codes of practice will be developed to support businesses in implementing the new regulations.
The ministers are scheduled to meet again in May 2024 to review progress and address any outstanding issues.
