Working with engineered stone

Guidance about working with engineered stone since the ban from 1 July 2024. The guidance is for employers, employees, self-employed persons and persons with management or control of a workplace. It explains exceptions to the ban and how work with engineered stone can be done safely.

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Engineered stone ban

From 1 July 2024, the manufacture, supply, processing or installation of engineered stone benchtops, panels or slabs is banned in Victoria. The engineered stone ban applies to engineered stone benchtops, panels and slabs. Engineered stone products not in these forms are not banned. There are limited exceptions to the ban where work can be performed on engineered stone benchtops, panels and slabs. This includes:

  • removal, repair or modification of installed engineered stone benchtop and panels
  • disposal of installed or uninstalled engineered stone benchtops, panels and slabs
  • research and analysis, and
  • to sample and identify engineered stone

Specific controls are required when permitted engineered stone work involves an engineered stone process. An engineered stone process is also considered high risk crystalline silica work and you must comply with the high risk crystalline silica work obligations.

A ban has been introduced as rates of silicosis and silica-related diseases in Australian workers have risen substantially in recent years. A large number of these diagnoses are engineered stone workers as they are exposed to crystalline silica dust in the processing of products such as benchtops, panels or slabs.

More information on the health risks of exposure to crystalline silica dust.

Definition of engineered stone

From 1 July 2024, engineered stone is defined as an artificial product that:

  • contains 1 per cent or more crystalline silica, determined as a weight/weight (w/w) concentration, and
  • is created by combining natural stone materials with other chemical constituents such as water, resins or pigments, and
  • becomes hardened

The following artificial products are not considered engineered stone: 

  • concrete and cement products
  • bricks, pavers and other similar blocks
  • porcelain that doesn't contain resin
  • sintered stone that doesn’t contain resin
  • ceramic wall and floor tiles
  • roof tiles
  • grout, mortar and render
  • plasterboard

The engineered stone ban and exclusions

The ban applies to engineered stone in the form of:

  • benchtops, such as those installed in kitchens and bathrooms and outdoor surfaces
  • panels, such as kitchen splash backs or floor or wall tiles
  • slabs, that might need to be cut to fit a variety of different installation settings

The ban does not apply to engineered stone products that are not benchtops, panels or slabs. This includes, for example, jewellery, garden ornaments, sculptures and kitchen sinks.

The ban does not apply to natural stone. For example, a granite benchtop is not prohibited.

However, if you are working with silica containing products, you may be carrying out a crystalline silica process or a high risk crystalline silica process and specific duties apply.

More information on high risk crystalline silica work.

Repair, remove, modify and dispose of legacy engineered stone

Engineered stone benchtops, panels and slabs are currently installed in many homes and other settings throughout Australia. There may also be stock of uninstalled engineered stone held by businesses such as suppliers and distributors, after the commencement of the ban. These installed products and uninstalled stock are sometimes referred to as legacy engineered stone.

Processing legacy engineered stone benchtops, panels or slabs is permitted for the limited purposes of:

  • removal, repair and modification to previously installed engineered stone
  • disposal of engineered stone, whether it is installed or not

This means that employers and self-employed persons are permitted to carry out, or direct employers to carry out, the repair, modification, removal or disposal of legacy engineered stone.

If you are performing an engineered stone process, the OHS regulations require that you must use specific measures to control the risks associated with engineered stone. This work must also be treated as high risk crystalline silica work.

Permitted work for research & analysis and to sample & identify

The installation, supply and processing of engineered stone benchtops, panels or slabs is permitted for the purposes of:

  • genuine research and analysis, and
  • to sample and identify engineered stone

For example, a university researcher is studying how fire safe various materials are. A business is allowed to supply an engineered stone benchtop to the researcher to carry out the study. The researcher may process the engineered stone to suit the needs of their research. The researcher must use specific control measures if doing any processing of engineered stone required by the study.

Carrying out permitted work safely with engineered stone

An engineered stone process is a process involving engineered stone at a workplace that generates crystalline silica dust. It includes cutting, grinding or abrasive polishing of engineered stone.

If you are performing an engineered stone process for permitted engineered stone work then you must:

  • treat the work as high risk crystalline silica work (HRCSW) and:
    • prepare a HRCSW hazard control statement
    • make sure the work is performed in accordance with the HRCSW hazard control statement
    • provide information to job applicants
    • provide employees with specific information, instruction and training
  • use specific control measures:
    • the specific control measures are explained in the section on Required control when undertaking an engineered stone process

You may also be required to undertake atmospheric monitoring and health monitoring for crystalline silica dust exposure.

Consultation

When working with legacy engineered stone, employers must consult, so far as is reasonably practicable, with their employees (and independent contractors) on certain matters related to health and safety that directly affect or are likely to directly affect them. For example, when they are identifying or assessing hazards or making decisions about measures to control risks associated with crystalline silica exposure.

If employees are represented by a health and safety representative (HSR), the consultation must involve that HSR, with or without the involvement of the employees directly.

High risk crystalline silica work

All engineered stone processes are considered to be high risk crystalline silica work and a crystalline silica hazard control statement (hazard control statement) is required.

A crystalline silica hazard control statement is a document. It is prepared for all high risk crystalline silica work (HRCSW) at a workplace.

The hazard control statement sets out:

  • the hazards and risks from the work
  • the measures to control those risks
  • how the control measures will be implemented

A hazard control statement must be set out and expressed in a way that is readily accessible and comprehensible to the persons who use it.

An employer or a self-employed person must not perform HRCSW unless:

  • a crystalline silica hazard control statement is prepared for the work before the work begins, and
  • the work is performed in line with that hazard control statement

If the work is not performed in line with the hazard control statement, the employer or self-employed person must stop that work immediately or as soon as it is safe to do so. Work must not resume until the hazard control statement is complied with or reviewed and, if necessary, revised in line with the OHS regulations.

An employer must review and revise the hazard control statement:

  • whenever the HRCSW changes
  • whenever there is an indication that risk control measures are not adequately controlling the risk
  • after any incident that occurs during the HRCSW

More information on the duties related to developing a hazard control statement and putting it into effect.

Required controls when undertaking an engineered stone process

An employer or self-employed person must not undertake, direct or allow an employee to undertake an engineered stone process unless specific measures to control risks associated with engineered stone are used. These specific measures are outlined in the following sections.

Reducing dust

Atmospheric monitoring

Atmospheric monitoring, also known as air monitoring, means a procedure by which air is sampled within the breathing zone of a person to measure and evaluate the person's exposure to airborne contaminants.

Employers should conduct an ongoing air monitoring program to confirm that the exposure standard for respirable crystalline silica is not being exceeded.

Employers should conduct air monitoring:

  • when there are changes to work practices, the materials being used or the work environment
  • if a health monitoring report for an employee indicates a negative change in health status which may be related to silica exposure
  • if a health and safety representative requests a review of control measures
  • if there are changes to the workplace exposure standard, and previous air monitoring results have indicated levels above the new standard

By law, employers must carry out air monitoring if:

  • they are not sure if their employees are exposed to levels of silica dust that are above the exposure standard
  • they can't work out if there's a risk to employee health without air monitoring

Employers are not required to carry out atmospheric monitoring if they are required to undertake biological monitoring as a part of health monitoring for their employees.

Air monitoring and the interpretation of results, including comparison with the exposure standard needs to be undertaken by a person with the requisite skills, knowledge and experience, such as an occupational hygienist. The Australian Institute of Occupational Hygienists (AIOH) represents the occupational hygiene field. A list of service providers with the right experience to conduct air monitoring can be found on the AIOH website.

Results of air monitoring must be provided to the employees who have been, or may have been, exposed.

Illustration of worker wearing personal atmospheric monitoring equipment.
Figure: Personal atmospheric monitoring equipment.

Health monitoring

Employers must provide health monitoring if exposure to crystalline silica is likely to have an adverse effect on employees' health.

The purpose of the health monitoring is to monitor the employee's health to identify changes in the employee's health status due to exposure to hazardous substances in the workplace.

Where there is uncertainty about whether or not exposure is likely to have an adverse effect on employees' health, atmospheric monitoring should occur to determine employees' exposure to airborne contaminants when checked against the exposure standard for respirable crystalline silica.

Where health monitoring is required, it should be completed when an employee:

  • is hired with a new employer, before they start work
  • regularly while they are in the job
  • when they finish working for that employer

Former engineered stone licence holders must continue to ensure the health monitoring is conducted under the supervision of specialists if they have an employee who:

  • is required to have health monitoring under regulation 169, and
  • was employed by them immediately before 1 July 2024, and
  • was previously required to have health monitoring under the supervision of a specialist occupational and environmental physician, or specialist respiratory and sleep medicine physician

A list of practitioners can be found on the Royal Australasian College of Physicians website at racp.edu.au. Employers should speak to the occupational physician or respiratory and sleep medicine physician to ensure they have experience with silicosis and other silica dust diseases.

Former engineered stone licence holders must provide a copy of these health monitoring reports to WorkSafe within 30 days of being received.

There are also other circumstances where employers are required to submit health monitoring reports to WorkSafe.

More information about health monitoring requirements.

More information