NOTE: February 28, 2023 WHS Ministers from all the jurisdictions met and unanimously agreed to the following Silicosis measures:
- Delivery of national awareness and behaviour change initiatives, in partnership with employers and unions.
- Stronger regulation of high-risk crystalline silica processes for all materials (including engineered stone) across all industries. This includes additional training requirements; a requirement to conduct air monitoring and report workplace exposure standard exceedances to the relevant regulator; and scoping new and updated model Codes of Practice for at-risk industries. In developing the regulations, Safe Work Australia is requested to further consider definitions to minimise any unintended consequences.
- Further analysis and consultation on a prohibition of the use of engineered stone under the model WHS laws, including consideration of silica content levels and other risk factors and including consideration of a national licensing system for products that are not subject to a ban or legacy products. Safe Work Australia is requested to finalise a report as quickly as possible and within 6 months at the latest.
- In addition to this the Commonwealth will explore an import ban on engineered stone, involving consultation with states and territories, and other stakeholders, on the effects of a ban.
This is a significant step forward for the rights and protections for workers and will save thousands of lives.
Crystalline Silica regulations came into effect on November 15, 2021 replacing the Occupational Health and Safety Amendment (Crystalline Silica) Interim Regulations 2019 (Interim Regulations) and strengthening the regulatory regime to better protect workers from exposure to respirable crystalline silica.
The regulations:
- introduce Australia’s first licensing regime for engineered stone, including increased manufacturer and supplier duties;
- make permanent Victoria’s prohibition on uncontrolled dry-cutting of engineered stone; and
- add additional regulatory oversight of high risk crystalline silica work outside of engineered stone across all industries, including the construction and earth resources industries
Managing Exposure to Crystalline Silica: Engineered Stone Compliance Code
Working with engineered stone represents a subset of Crystalline Silica exposure. 15 November 2022 the Managing Exposure to Crystalline Silica: Engineered Stone Compliance Code came into effect.
The code expanded on the existing 2020 code, and includes duties and obligations introduced under Part 4.5 of the OHS Regulations to provide greater protection for Victorians workers.
Key updates include information on duties:
- that apply to an engineered stone process
- to prepare engineered stone control plans
- that apply to engineered stone licence holders; and
- that apply to manufacturers and suppliers.
A copy of the code can be found on WorkSafe’s website, or by calling WorkSafe’s Advisory Service
Part 4.5 Crystalline Silica
Division 1 - Introductory matters
319A Application of Part
This Part applies in addition to Part 4.1 (Hazardous Substances).
Definitions
New definitions and a new engineered stone licence have been added to regulation 5 in the Principal Regulations - that is, in the front part of the regulations. The (main) definitions related to this Part are:
crystalline silica means crystalline polymorphs of silica, including the following substances -
(a) quartz;
(b) cristobalite;
(c) tridymite;
(d) tripoli;
crystalline silica substance means any substance that -
(a) contains more than 1% crystalline silica; and
(b) is reasonably likely to be mechanically processed at a workplace; and
(c) is not in a respirable form;
Dust Class H Vacuum means—
(a) a vacuum that complies with the Class H requirements in AS/NZS 60335.2.69:2017 - Household and similar electrical appliances - Safety - Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use; or
(b) a vacuum that complies with equivalent requirements to the requirements referred to in paragraph (a);
engineered stone means a manufactured composite stone material that contains -
(a) resins; and
(b) 40% or more crystalline silica;
local exhaust ventilation means an engineering control that captures the emission of an airborne contaminant at its source and transports it to a safe emission point, filter or scrubber;
respiratory protective equipment, in Part 4.5 and Subdivision 6 of Division 1 of Part 6.1, means personal protective equipment that -
(a) is designed to protect the wearer from the inhalation of airborne contaminants; and
(b) complies with AS/NZS 1716:2012 - Respiratory protective devices, or requirements equivalent to those of that Standard.
Please go to the regulations to see the full definitions.
319B What is a crystalline process?
A crystalline silica process is one or more of the following processes carried out at a workplace -
(a) the use of a power tool or other form of mechanical plant to -
(i) cut, grind, polish or crush material containing crystalline silica; or
(ii) carry out any other activity involving material containing crystalline silica that creates crystalline silica dust;
(b) the use of a roadheader on an excavated face if the material in the face contains crystalline silica;
(c) a process exposing someone to crystalline silica dust from the manufacture or handling of material that contains crystalline silica;
(d) the mechanical screening of crushed material containing crystalline silica;
(e) a quarrying process involving material containing crystalline silica;
(f) a tunnelling process involving material containing crystalline silica;
(g) any other process determined by the Authority to be a crystalline silica process.
319C What is high risk crystalline silica work?
This is work that is reasonably likely to result in an airborne concentration of respirable crystalline silica that exceeds half the exposure standard; or a risk to the health of a person at the workplace.
Note: The current exposure standard for respirable crystalline silica dust is 0.05 mg/m3 as a time-weighted average (TWA) airborne concentration over 8 hours.
However, WorkSafe Victoria recommends that employers take a precautionary approach and reduce employees' exposure to below 0.02 mg/m3 as an 8-hour TWA to prevent silicosis and minimise the risk of lung cancer.
319D What is a crystalline silica hazard control statement?
A document prepared for high risk crystalline silica work:
- stating the associated hazards and risks, and
- describes measures to control the risks, and how these will be implemented, and
- if an analysis is required (under r319O), contains its results, and
- is readily accessible and comprehensible to persons who use it.
319E What is an engineered stone process?
- a process in a workplace involving engineered stone which generates crystalline silica dust, including cutting, grinding or abrasive polishing.
Division 2 - Duties of manufacturers and suppliers
319F Application of Division
- applies from 14 May 2022
- apply only to the manufacture and supply of a crystalline silica substance at a workplace for sale or exchange to another workplace
319G - Information
Manufacturer or supplier must provide the following information in writing to any person a crystalline substance is supplied to and on request, to an employer who proposes to use the crystalline substance at a workplace:
- the proportion (percentage) of crystalline silica in the substance
- the name, address and telephone number of the manufacturer (in Australia) or the importing supplier
- exposure controls, exposure standards, engineering controls and PPE information in relation to the crystalline substance
- on the handling and storage of the crystalline substance including how it may be safely used.
319H - requires that the above information must be reviewed and revised as often as necessary and at least every 5 years. The revised information must be given to any person to whom the crystalline substance is supplied to.
Division 3 - Duties of employers and self-employed persons (SEP)
Subdivision 1 - High risk crystalline silica work
319I - Application of Division
- applies from 15 May 2022
-
does not apply to:
- an employer or a self-employed person (SEP) who is an engineered stone licence holder (see Division 4); or
- a person undertaking an engineered stone process referred in Division 5.
319J - Identification of high risk crystalline silica work
This regulation requires that before undertaking such work an employer/SEP undertakes a risk assessment to identify whether the process or combination of processes is high risk, OR identify that it is high risk work.
The risk assessment must take into account:
(a) the specific tasks or processes;
(b) the form of crystalline silica to be used;
(c) the proportion of crystalline silica in the material;
(d) previous atmospheric monitoring results;
(e) the likely frequency and duration of exposure to crystalline silica dust;
(f) any information about incidents, illnesses or diseases associated with exposure to crystalline silica dust at the workplace.
An employer or SEP cannot rely on the effect of any measures implemented to control exposure to crystalline silica dust in accordance with regulation 163 (general duty to control risks of hazardous substances).
If an employer or a SEP cannot identify whether a crystalline silica process or combination of crystalline silica processes is high risk crystalline silica work, then it must be treated as high risk crystalline silica work until it can be identified that it is not.
319K Record of high risk crystalline silica work
If a risk assessment is done under r319J, the employer or SEP must make a written record describing how the matters listed were taken into account, identifies whether or not the process/processes are high risk, and keep the record for the period during which the process/processes are undertaken at the workplace.
This record must be made accessible to any employee who may be exposed to crystalline silica dust; and the health and safety representative of any affected DWG.
319L Crystalline silica hazard control statement required for high risk crystalline silica work
(1) Any high risk work can only be performed in accordance with a crystalline silica hazard control statement prepared before work starts.
(2) If work is not done according to the statement, the employer or SEP must stop the work immediately or as soon as it is safe to stop. It must not start again until the statement is complied with or reviewed and revised (as per r319M)
(3) High risk crystalline silica work that is high risk construction work if the prepared safe work method statement (SWMS) also addresses the matters required by a crystalline silica hazard control statement and addresses the risks, then compliance with the SWMS is sufficient.
The next reg, 319M requires the statement to be reviewed and revised:
a - whenever work changes; or
b - if it seems the risk control measures are not controlling the risks adequately, including if there's an incident
319M requires the employer/SEP to keep a copy of the statement 'for the duration of the high risk crystalline silica work' it was written for.
319O Analysis of material to be used in quarrying or tunnelling process
If the high risk work involves quarrying or tunnelling, then samples must be collected and analysed to identify the proportion of crystalline silica in each sample by a suitably qualified person.
Subdivision 2 - Provision of information for high risk crystalline silica work
319P-319R
319P This subdivision applies from 15 May, 2022.
319Q An employer must provide the following information to job applicants applying for work involving high risk crystalline silica work:
a - the health risks associated with exposure to crystalline silica dust
b - the need for and details of measures to control those risks
319R An employer must ensure employees likely to be exposed associated with exposure to crystalline silica dust are given information, instruction and training in (a) and (b) above, and also in (c) how the risk control measures are to be implemented.
Subdivision 3 - Specific measures to control risks associated with engineered stone
319S Use of power tool or mechanical plant
Under this regulation, an employer or SEP must ensure that if power tool or other form of mechanical plant is used is used to undertake an engineered stone process, the tool/plant is used with -
- an integrated water delivery system supplying a continuous water feed (with particular requirements); or
- or a commercially available on tool extraction system and is connected to
- a Dust Class H Vacuum or
- another suitable system; or
- if neither of these are practicable, a local exhaust system.
319T - Design and installation
An employer/SEP who needs to use a system as per 319S must ensure it is designed and installed to eliminate any risk of exposure to crystalline silica dust, so far as is reasonably practicable - or reduce it so far as is reasonably practicable.
319U - Use and maintenance
Duty to ensure the system is properly used and maintained so that they are effective in eliminating or reducing exposure to airborne crystalline silica dust generated as a result of the work.
319V - Respiratory protective equipment RPE
An employer must ensure that an employee undertaking the work is provided with and uses respiratory protective equipment.
319W Information, instruction and training
Any employee using a power tool/mechanical plant must be provided with information, instruction and training on the use of that plant and on the use, fit, maintenance and storage of RPE provided.
319X - Cleaning
This regulation prevents the use of compressed air or other compressed gases to clean the engineered stone process work area or a person's clothes - unless the use of that air/gas does not result in respirable crystalline silica which exceed the exposure standard.
Note: as this would be extremely difficult to ensure, compressed air/gas should never by used.
Division 4 - Licensing requirements
319Y Applies in addition to Part 4.1 (Hazardous substances)
319Z - Requirement to hold engineered stone licence
- Employers/SEP must hold an engineered stone licence if an engineered stone process is undertaken at the workplace for which they are responsible
- A person must not undertake an engineered stone process unless they either hold a licence OR is an employee of a licence-holder
- An engineered stone process may be undertaken at another workplace on if it is necessary for installation purposes and it is not reasonably practicable to not do it at the workplace to which the licence relates.
319ZA - Supply of engineered stone
- Engineered stone cannot be supplied to a person who requires a licence and does not hold one.
- The supplier must record the name and address, the quantity and the licence number of any person to whom engineered stone is supplied
- The record must be kept for at least five (5) years
319ZB - Information to job applicants
A employer who is a licence holder must ensure that any applicants for employment at a workplace where an engineered stone process is undertaken are given information about
a - the health risks associated with exposure to crystalline silica dust
b - the need for and details of measures to control those risks
319ZC - An employer who is a licence holder must ensure employees likely to be exposed to risks associated with an engineered stone process are given information, instruction and training in (a) and (b) above, and also in (c) how the risk control measures are to be implemented.
319ZD - Health monitoring
Already under r169 an employer must ensure health monitoring is carried out for employees as crystalline silica is listed in Schedule 9. An engineered stone licence holder must under this regulation ensure the health monitoring is carried out under the supervision of a specialist occupational and environmental physician or a specialist respiratory or sleep medicine physician.
319ZE - Health monitoring and atmospheric monitoring reports
An engineered licence holder must provide a copy of these to the Authority within 30 days of being received.
319ZF - Engineered stone control plan
- A licence holder must prepare an engineered stone control plan before work is undertaken and ensure the work is performed in accordance with that plan
-
The control plan must:
- identify the work to be undertaken; and
- state the hazards and risks; and
- 'sufficiently' describe measures to control these risks; and
- describe how the risk control measures are to be implemented; and
- be set out and expressed in a way that is readily accessible and understandable to the persons who use it.
- If work is not performed according to the plan, the employer/SEP must stop that work immediately (or as soon as it's safe to do so) and not resume it until the control plan is complied with or reviewed and if necessary revised.
- The plan must be reviewed, and if necessary revised, if there's any indication the measures are not adequately controlling the risks, including if an incident occurs.
- A plan is not required if a crystalline hazard control plan has been prepared (r319D), and it addresses the same matters required here.
319ZG - Statement of work
When an employee ceases employment at the workplace, the licence holder must provide a written statement containing the period the employee worked with engineered stone and a statement advising the employee to have periodical health assessments.
Division 5 - Transitional provisions
This division sets out the arrangements and duties during the transition period, which is from 15 November 2021 to 14 November 2022.
319ZI Basically any person/employer undertaking an engineered stone process must still prepare a control plan, ensure that it is complied with, and review and if necessary revise it (as per r319ZF).
319ZJ Requirement to apply for an engineered stone licence
319ZK - 319ZL Matters regarding the time the Authority will take and also waiving of licence application fee
Last amended: June 2023