From 15 November 2022, businesses working with engineered stone will require a licence, under new regulations to help protect workers from exposure to deadly silica dust. From May 2022, the Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2021 will also introduce new duties for businesses across a range of industries that work with other materials containing silica, including quarrying, construction and tunnelling. The regulations will also extend the ban, introduced in 2019, on uncontrolled dry-cutting, grinding and polishing of engineered stone, and prohibit the use of compressed air for cleaning and untreated water to suppress dust.

Engineered stone is commonly used for kitchen and bathroom benchtops. When it is cut, ground or polished, workers may be exposed to respirable silica dust, which can cause deadly lung and respiratory diseases, including silicosis. Silicosis is caused by breathing in tiny silica particles which can scar the lungs incurably. In severe cases, it can be fatal or patients may need a lung transplant.

WorkSafe Victoria Chief Executive Officer Colin Radford said licensing the use of engineered stone will ensure the necessary safety measures are in place to protect workers. “This year alone, WorkSafe has accepted 59 claims from workers who have developed silica-related disease as a result of workplace exposure and sadly, four people have lost their lives,” Radford said. “This is unacceptable. This licence scheme, together with a permanent ban on uncontrolled dry cutting of engineered stone, will help prevent more workers suffering due to silica exposure.”

Licence holders must comply with the new duties, including providing safety training and instruction for workers, as well as information to job applicants. Licence holders must also provide health and atmosphere monitoring reports to WorkSafe Victoria, and issue departing employees with a record of their work with engineered stone, with advice about regular health assessments. Engineered stone suppliers will only be able to supply licensed businesses and must keep records.

From 15 May 2022, businesses working with other materials containing silica must identify and document any high-risk silica work and the measures used to control these risks, and provide safety training and instruction to employees and information to job applicants who may engage in this work. The regulations include infringements or court-imposed fines of between 1.2 and 100 penalty units for an individual or 6 and 500 penalty points for a body corporate.

“Silicosis has already cost too many workers their health and, in some cases, their lives — that’s why we’ve banned dry cutting and are rolling out even greater protections for workers,” Victorian Minister for Workplace Safety Ingrid Stitt said about this Australian-first licensing scheme for businesses working with engineered stone. “Licensing the use of engineered stone will ensure people working with these products have the necessary safety protections, so that tradies aren’t exposed to deadly silica dust.”

Licence applications for working with engineered stone are now open and can be lodged online here, via the WorkSafe Victoria website.

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