Note: A PCBU is a person conducting a business or undertaking.

The decision was based on a recommendation made by Safe Work Australia (external site) (external site) in response to the rise of silicosis diagnoses in engineered stone workers.

There is evidence exposure to silica dust (specifically, respirable crystalline silica) generated when working with engineered stone can increase the risk of silicosis in workers.

Banning the use of engineered stone will protect Australian workers from this fatal disease.

The vast majority of silicosis cases identified in recent years are in engineered stone workers.

These workers get sick sooner, and experience faster disease progression and higher mortality than other workers exposed to respirable crystalline silica or silica dust.

The recommendation to ban the use of all engineered stone was due to the unacceptable risk it poses to workers.

The manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs.

The ban does not apply to the removal, repair, minor modification or disposal of engineered stone benchtops panels and slabs installed prior to the ban (legacy engineered stone).

On 13 December 2023, WHS ministers unanimously agreed to ban the use, supply and manufacture of all engineered stone benchtops, panels and slabs, with jurisdictions to commence the ban from 1 July 2024.

On 22 March 2024, WHS ministers agreed that engineered stone be defined in the model WHS Regulations (external site) (external site) as an artificial product that:

• contains at least 1% crystalline silica as a weight/weight concentration, and
• is created by combining natural stone materials with other chemical constituents (such as water, resins, or pigments), and
• becomes hardened.

This definition excludes:

• concrete and cement products
• bricks, pavers, and other similar blocks
• ceramic wall and floor tiles
• sintered stone
• porcelain products
• roof tiles
• grout, mortar, and render, and
• plasterboard.

In making their decision, WHS ministers also agreed that finished engineered stone products that are not benchtops, panels and slabs (such as jewellery, garden ornaments, sculptures, kitchen sinks) which do not require processing or modification would be excluded from the ban.

While silicosis cases have been reported in workers using different types of silica-containing materials across a range of industries, a disproportionate number of silicosis cases are in engineered stone workers.

In these workers (compared to workers exposed to silica from natural sources), silicosis is associated with a shorter duration of exposure to silica, faster disease progression and higher mortality.

One of the key reasons for this is the nature of engineered stone and the dust it produces:

- engineered stone often has significantly higher crystalline silica content, resulting in the generation of dust containing more respirable crystalline silica when processed, compared to natural stone.

- engineered stone is easier to process than natural stone, meaning a workforce can process more stone in one shift, leading to higher exposure to dust.

- respirable crystalline silica generated from engineered stone has different physical and chemical properties to that produced from natural stone, including a greater proportion of very small (nanoscale) particles of crystalline silica which can penetrate deeper into the lungs.

other components of engineered stone, such as resins, metals, amorphous silica, and pigments, may contribute to the toxic effects of engineered stone dust, either alone or by exacerbating the effects of respirable crystalline silica.

The transitional arrangements balance the need to protect workers from the dangers of using engineered stone while minimising impact on the residential construction sector.

The transitional period provides greater certainty for consumers and businesses during the implementation phase of the ban.

Finished engineered stone benchtops, panels and slabs are not exempt from the prohibition under the Work Health and Safety Regulations 2012 (unless associated with an eligible contract under the transitional arrangements).

Even if the product is a pre-finished engineered stone benchtop, panel or slab that requires no further processing, regulation 529D the Work Health and Safety Regulations 2012 prohibits the supply and installation of the product.

Finished engineered stone products that are not captured by the prohibition, (such as jewellery, garden ornaments, sculptures, kitchen sinks) do not include finished engineered stone benchtops, panels or slabs.

The ban means you and your workers cannot work with engineered stone slabs, panels and benchtops.

This includes installing, manufacturing, processing or supplying engineered stone products.

There is the ability to undertake limited work on engineered stone products that are already installed.

This is restricted to the removal, repair, minor modification and disposal of engineered stone products.

However, you must follow the appropriate safety requirements to ensure the work is controlled.

SafeWork SA’s free advisory service can provide details about working safely with previously installed engineered stone products.

You must eliminate risks arising from exposure to respirable crystalline silica.

Businesses must not process, or direct or allow workers to process, engineered stone unless the work is controlled.

Any processing of engineered stone using power tools or other mechanical plant, must be controlled using one of the following:

• a water suppression (wet cutting) system
• an on-tool dust extraction system, or
• local exhaust ventilation system.
• In addition, all workers who process engineered stone must be provided with and wear respiratory protective equipment.

You must ensure that information, training, and instruction is provided for your workers with regard to the nature of the work that is carried out, the nature of the risk associated with the work and the control measures implemented.

The ban on the use, supply and manufacture of all engineered stone benchtops, panels

and slabs came into effect on 1 July 2024.

Transitional arrangements exist in South Australia, so eligible contracts associated with the installation of engineered stone entered into on or before 31 December 2023 can be fulfilled, providing they are completed by 31 December 2024.

Eligible contracts entered into on or after 1 January 2024 for work involving the supply, installation or processing of engineered stone benchtops, panels or slabs must have been completed on or before 1 July 2024.

If they were not completed by then, consumers must use alternative products.

If you need help agreeing with your stone supplier on how to approach matters such as stock ordered and payments, contact the Office of the Small Business Commissioner South Australia on 1800 072 722.

Their Dispute and Regulation Advisors can provide support, including facilitating a mediation.

South Australia’s Work Health and Safety Regulations 2012 have been amended to give effect to the ban on engineered stone, along with a notification framework to allow minor modifications, repair and removal of already installed engineered stone.

These amendments came into effect from 1 July 2024.

Businesses are required to notify SafeWork SA in advance of undertaking any work with engineered stone – it will be an offence not to do so.

SafeWork SA has developed a notification process for making minor modifications to stone.

Yes.

Until 30 June, 2025, a waste levy waiver will apply to the disposal of engineered stone benchtops, slabs and panels, and silica dust at landfill disposal sites.

This will provide a discount of $161 a tonne in metro areas for anyone disposing of this product to landfill.

However, landfill operators as commercial facilities will still apply a gate fee for the disposal of this product. This fee will vary depending on the waste depot, location and the amount of product disposed of.

Contact one of the waste service providers in your area to discuss prices and to arrange disposal.

For further information on EPA licence matters contact the Environment Protection Authority on 8204 2004 or via its website www.epa.sa.gov.au (external site) (external site)

Disposal should be undertaken at an Environment Protection Authority licensed waste facility. The EPA can be contacted on 8204 2004 or www.epa.sa.gov.au (external site) (external site) for any enquiries about licenced waste facilities.

The Office of the Small Business Commissioner South Australia is continuing to advocate for small businesses to ensure that measures are considered to assist them through the impacts of the ban.

The Office of the Small Business Commissioner can be contacted on 1800 072 722 – or visit their website: sasbc.sa.gov.au

The Commonwealth is considering a customs ban to provide an additional layer of enforcement and deterrence at borders.

All questions relating to the import of engineered stone products affected by the ban is handled by the federal Department of Employment and Workplace Relations (DEWR).

Contact DEWR:

-       Web: dewr.gov.au

-       T: 1300 488 064

The exemption application form and supporting information is available here.

Work Health and Safety regulations don’t contain requirements for disposing of engineered stone.

Follow the current South Australian waste management requirements for disposing of engineered stone.

For disposal requirements, contact your usual waste services provider.

Alternatively, contact the EPA on 8204 2004 or www.epa.sa.gov.au

Work with engineered stone benchtops, panels and slabs is allowed to continue in the following scenarios:

• for genuine research and analysis
• sampling and identification of engineered stone
• work carried out for the purpose of removing, repairing, making minor modifications or disposal of installed engineered stone, and
• work carried out for the purposes of disposal of engineered stone.

Any work with previously installed engineered stone must be controlled and businesses which plan to undertake permitted work with legacy engineered stone will be required to notify SafeWork SA.

Failure to provide the required information will constitute an offence.

Safe Work Australia has developed a national framework to ensure anyone working with engineered stone products installed prior to the ban can do so safely.

Safe Work Australia has also developed guidance to support businesses and workers in managing the changes.

The regulations do not require businesses to be licenced to work with engineered stone.

Businesses are required to notify SafeWork SA in advance of undertaking any work with engineered stone – it is an offence not to do so.

SafeWork SA has developed a notification process for making minor modifications to stone.

Contracts entered into by a sub-contractor after 31 December 2023 that are anchored to an original contract that was signed on or before 31 December 2023 by the original builder for the supply and installation of the engineered stone product, can be undertaken by a sub-contractor to satisfy the original contract.

The PCBU or subcontractor does not need to sight or retain a copy of the original contract, but must satisfy themselves that the contract exists and it was signed on or before 31 December 2023 and includes the supply and installation of the engineered stone product.

The PCBU or subcontractor must have written confirmation from the PCBU contracting them to supply or install the engineered product that a contract was signed on or before 31 December 2023 specifying the stone to be supplied and a location.

Whether a PCBU is a supplier, fabricator, installer or builder, they must have a written declaration or confirmation from the PCBU contracting them that specifies the following:

• Date of Contract before 31 December 2023
• Builder who entered into a contract with the consumer (listed on contract)
• Builder’s contact number
• Consumers Name
• Stone specified in contract
• Location specified in contract

The declaration or confirmation may be provided in various forms, but must contain the above information at a minimum.

With this information, SafeWork SA may choose to make enquiries as to the original contract if required.

PCBUs are reminded that it is an offence under section 268 of the Work Health and Safety Act 2012 (SA) to give false or misleading information or omit any matter or thing without which the information is misleading.

Maximum penalty for giving false or misleading information or omitting any matter or thing without which the information is misleading:

• in the case of an individual—$10 000
• in the case of a body corporate—$50 000.

The original contract to supply and install an engineered stone product is, in general, entered into by the builder and client. The builder must have a contract that was signed on or before 31 December 2023 specifying the stone to be supplied and installed and at what location, to be eligible under the transitional provisions.

It is under this contract that the builder may then subcontract other PCBUs to supply and install the engineered stone product.

If you are required to carry out work on previously installed engineered stone, you must use appropriate safety controls to ensure work is undertaken safely.

Your employer must ensure that information, training, and instruction is provided to you with regard to the nature of the work that is carried out, the nature of the risk associated with the work and the control measures implemented.

Businesses are required to notify SafeWork SA in advance of undertaking any work with engineered stone – it will be an offence not to do so.

SafeWork SA can provide you with more information and advice about working with engineered stone.

As a worker, you also have a responsibility to protect yourself and other people around you, including by wearing personal protective equipment, which an employer must supply.

Your employer must also protect you, and anyone else in the workplace, by using control measures to remove, or reduce, exposure to silica dust, including:

• wet cutting
• on-tool dust removal
• local exhaust ventilation
• breathing protection.

Your employer must ensure that information, training, and instruction is provided to you with regard to the nature of the work that is carried out, the nature of the risk associated with the work and the control measures implemented.

If you are worried about a serious risk to your health and safety, speak to your employer, and if still concerned you have the right to stop or refuse to carry out work - you must inform your employer of this as soon as you can.

If the matter isn’t addressed, speak to your Health and Safety Representative or contact SafeWork SA and/or your union.

Yes.

Workers in occupations with a high risk of exposure to respirable crystalline silica, such as those working with engineered stone benchtops, panels and slabs, must undergo health monitoring with a registered medical practitioner experienced in health monitoring.

Safe Work Australia recommends annual health monitoring for engineered stone workers.

A business or organisation must provide, and pay for, health monitoring for its workers who are working with engineered stone.

Speak to your Health and Safety Representative, or if you don’t have one, your manager or employer about arranging health monitoring.

If you don’t feel comfortable, or your employer refuses to provide health monitoring, contact SafeWork SA.

Yes.

Engineered stone products that are not intended to be processed, that are not benchtops, panels and slabs such as prefabricated sinks, jewellery and garden ornaments, will not be subject to the ban.

Any work that involves processing a substance containing crystalline silica must be controlled.

The ban is limited to engineered stone benchtops, panels and slabs as these are the products which are most commonly processed within Australia and pose the greatest risk to workers.

The PCBU or subcontractor does not need to sight or retain a copy of the original contract, but must satisfy themselves that the contract exists and it was signed on or before 31 December 2023 and includes the supply and installation of the engineered stone product.

The PCBU or subcontractor must have written confirmation from the PCBU contracting them to supply or install the engineered product that a contract was signed on or before 31 December 2023 specifying the stone to be supplied and a location.

Whether a PCBU is a supplier, fabricator, installer or builder, they must have a written declaration or confirmation from the PCBU contracting them that specifies the following:

• Date of Contract before 31 December 2023
• Builder who entered into a contract with the consumer (listed on contract)
• Builder’s contact number
• Consumers Name
• Stone specified in contract
• Location specified in contract

The declaration or confirmation may be provided in various forms, but must contain the above information at a minimum.

With this information, SafeWork SA may choose to make enquiries as to the original contract if required.

PCBUs are reminded that it is an offence under section 268 of the Work Health and Safety Act 2012 (SA) to give false or misleading information or omit any matter or thing without which the information is misleading.

Maximum penalty for giving false or misleading information or omitting any matter or thing without which the information is misleading:

• in the case of an individual—$10 000
• in the case of a body corporate—$50 000.

The original contract to supply and install an engineered stone product is, in general, entered into by the builder and client. The builder must have a contract that was signed on or before 31 December 2023 specifying the stone to be supplied and installed and at what location, to be eligible under the transitional provisions.

It is under this contract that the builder may then subcontract other PCBUs to supply and install the engineered stone product.

Contracts entered into by a sub-contractor after 31 December 2023 that are anchored to an original contract that was signed on or before 31 December 2023 by the original builder for the supply and installation of the engineered stone product, can be undertaken by a sub-contractor to satisfy the original contract.

Engineered stone is safe once installed, so long as it remains undisturbed.

Health and safety risks may arise if silica dust is generated during the removal, repair, minor modification or disposal of engineered stone.

It is important that you don’t undertake DIY work with engineered stone.

You should contact a suitable tradesperson if you require repairs, minor modification, removal or disposal of engineered stone already in place in your house or workplace, such as benchtops or splashbacks.

Persons undertaking this work must use control measures to minimise the generation of dust and must wear respiratory protection.

Work with engineered stone benchtops, panels and slabs is allowed to continue under the following scenarios:

• for genuine research and analysis
• sampling and identification of engineered stone
• work carried out for the purpose of removing, repairing, making minor modifications or disposal of installed engineered stone, and
• work carried out for the purposes of disposal of engineered stone.

It is important that you don’t undertake DIY work with engineered stone. You should contact a suitable tradesperson if you require removal, repairs, minor modification or disposal of engineered stone already in place in your house or workplace, such as benchtops or splashbacks.

Persons undertaking this work must use control measures to minimise the generation of dust and must wear respiratory protection.

Disposal should be undertaken at an Environment Protection Authority (EPA) licensed waste facility.

Contact the EPA on 8204 2004 or visit the EPA website epa.sa.gov.au (external site) (external site) for enquiries about licenced waste sites.

Alternative products include:

• stainless steel
• timber
• laminate
• solid surface (blend of resin, minerals and pigments such as acrylic or polyester)
• recycled glass
• porcelain
• sintered stone
• polished concrete
• natural stone including marble and granite.

Since December 2023, business and consumers have been encouraged to avoid entering into contracts for engineered stone that may not be able to be fulfilled prior to the ban coming into effect.

Contracts entered into on or after 1 January 2024 for work involving the supply, installation or processing of engineered stone benchtops, panels or slabs must have been completed on or before 1 July 2024.

If they were not completed by then, consumers must use alternative products.

Eligible contracts for supply, installation or processing of engineered stone benchtops, panels or slabs are permitted under transitional arrangements within South Australia until 31 December 2024.

For work that can’t be completed by 31 December 2024, householders must use an alternative product.

If you need further advice, contact Consumer and Business Services on 131 882.

Contact your supplier and discuss the reasons for your change of mind.

If your benchtop isn’t already in production, they may be able to accommodate alternatives.

For further advice, contact Consumer and Business Services on 131 882.

The Environment Protection Authority SA is the state’s environment protection regulator.

There is no requirement from the Environment Protection Authority in South Australia to dispose of engineered stone material that is being kept at home.

The EPA can be contacted on 8204 2004 or via its website www.epa.sa.gov.au (external site) (external site)

Engineered stone is safe once installed, so long as it remains undisturbed.

Health and safety risks may arise if silica dust is generated during the removal, repair, minor modification or disposal of engineered stone.

Yes.

Until 30 June, 2025, a waste levy waiver will apply to the disposal of engineered stone benchtops, slabs and panels, and silica dust at landfill disposal sites.

This will provide a discount of $161 a tonne in metro areas for anyone disposing of this product to landfill.

However, landfill operators as commercial facilities will still apply a gate fee for the disposal of this product. This fee will vary depending on the waste depot, location and the amount of product disposed of.

Contact one of the waste service providers in your area to discuss prices and to arrange disposal.

For further information on EPA licence matters contact the Environment Protection Authority on 8204 2004 or via its website www.epa.sa.gov.au (external site) (external site)

Disposal should be undertaken at an Environment Protection Authority licensed waste facility. The EPA can be contacted on 8204 2004 or www.epa.sa.gov.au for any enquiries about licenced waste facilities.

The original contract to supply and install an engineered stone product is, in general, entered into by the builder and client. The builder must have a contract that was signed on or before 31 December 2023 specifying the stone to be supplied and installed and at what location, to be eligible under the transitional provisions.

It is under this contract that the builder may then subcontract other PCBUs to supply and install the engineered stone product.

Silica, also called silicon dioxide, is a naturally occurring mineral that forms the major component of most rocks and soils.

There are non-crystalline and crystalline forms of silicon dioxide.

When stone, rock or manufactured materials containing crystalline silica undergo mechanical processes such as crushing, cutting, drilling, grinding, sawing or polishing, they can generate very small sized crystalline silica dust, known as respirable crystalline silica, that can penetrate deep into the lungs and cause irreversible lung damage.

Silicosis is a serious, irreversible lung disease that causes permanent disability and can be fatal.

Respirable crystalline silica (RCS) can be breathed deep into the lungs and causes inflammation and scarring of the lung tissue that reduces the lungs’ ability to take in oxygen.

Damage to the lungs from RCS and symptoms of disease may not appear for many years but can also develop after a short exposure to high levels of RCS.

Meeting of Commonwealth, State and Territory Work Health and Safety Ministers

Read the full communique from the Work Health and Safety Ministers’ Meeting on 10 May 2024 (external site) (external site) here.

Meeting of Commonwealth, State and Territory Work Health and Safety Ministers

Commonwealth, state and territory Work Health and Safety (WHS) Ministers met on 22 March 2024 to agree to a number of key implementation matters associated with a prohibition on the use of engineered stone benchtops, panels and slabs and to endorse a stronger regulatory framework to manage the risk of exposure to respirable crystalline silica from other materials and products.

WHS Ministers have agreed that from 1 July 2024, there will be a prohibition on the manufacturing, supply, processing and installation of engineered stone benchtops, slabs and panels.

Porcelain products are excluded from the ban along with finished engineered stone products such as jewellery, garden ornaments and sculptures which do not generally require modification and pose minimal risk to the safety of workers.

WHS Ministers have also agreed to transitional arrangements to provide greater certainty for consumers and businesses during the implementation phase of the ban.

In South Australia, there will be a transitional period for contracts for the installation of engineered stone benchtops, panels and slabs entered into or before 31 December 2023 – these contracts will be exempt from the ban provided installation is completed by 31 December 2024.

Ministers have also agreed to a stronger regulatory framework for high-risk crystalline silica process. This includes:

• developing a Silica Risk Control Plan aimed at identifying hazards associated with crystalline silica processes and measures to control these risks.
• providing additional training for workers or others likely expose to high-risk crystalline silica processes.
• undertaking air and health monitoring for workers.
• reporting to the relevant WHS regulator any exceedances to workplace exposure standards.

Businesses should be aware that any activities undertaken from 1 July 2024, as part of the transitional arrangements, must be controlled and will be subject to the stronger WHS regulations.

In response to the removal, disposal, repair or minor modification of legacy engineered stone, Ministers have agreed to a notification framework being adopted in the model WHS laws. Under this framework, businesses which plan to undertake permitted work with legacy engineered stone will be required to notify WHS regulators. It will then become an offence should the required information not be provided.

Businesses and consumers should be aware at this stage there are no specific requirements for disposal of engineered stone and will be in line with existing jurisdictional waste management requirements..

Read the full communique from the Work Health and Safety Ministers’ Meeting on 22 March 2024 (external site) (external site) here.

Meeting of Commonwealth, State and Territory Work Health and Safety Ministers

State and territory Workplace Relations and Work Health and Safety (WHS) Ministers met on 13 December 2023 and agreed to prohibit the use of engineered stone under the model WHS laws.

The majority of jurisdictions agreed to commence the prohibition from 1 July 2024.

The Commonwealth’s intention is to also place a complementary customs prohibition on engineered stone, to strengthen deterrence at our borders.

The decision was made following the findings and recommendation of Safe Work Australia’s Decision Regulation Impact Statement: Prohibition on the use of engineered stone (external site) (external site).

Visit the Safe Work Australia website  (external site) (external site)for the latest updates.

In South Australia, SafeWork SA will manage arrangements for working with engineered stone products installed prior to the prohibition on the basis of a national framework developed by Safe Work Australia.

Hosted by the Small Business Commissioner SA, representatives from key government agencies held an Engineered Stone Response Forum on 31 January 2024 to give small businesses an opportunity to hear direct from the experts and ask questions.

Agencies represented at the forum included SafeWorkSA, ReturnToWorkSA, Consumer and Business Services, Environment Protection Authority and the Department for Industry, Innovation and Science.

Previously installed engineered stone is safe to use and does not need to be removed. Modifications or repairs to engineered stone products should only be undertaken by a qualified tradesperson, and in accordance with work health and safety regulations.

Silica dust is generated in high levels when workers cut, shape, or polish engineered stone. Exposure to silica dust from engineered stone has led to a rapid increase in the number of workers developing the serious lung disease silicosis in Australia.

There is no scientific evidence for a safe threshold of crystalline silica content in engineered stone, or that lower silica content engineered stone is safer to work with.

The prohibition will ban a person conducting a business or undertaking (PCBU) from carrying out work, or directing or allowing a worker to carry out work, on or with engineered stone. This includes manufacturing, supplying, processing and installing engineered stone.

Read the full communique from the Work Health and Safety and Workplace Relations Ministers' Meeting on 13 December 2023 (external site) (external site)here.

Before a prohibition comes into effect

Until the prohibition of engineered stone comes into effect, workers and businesses can continue to work with engineered stone in a controlled way.

Under the model WHS Regulations (external site) (external site), if you are cutting, grinding, trimming, sanding, abrasive polishing or drilling engineered stone using power tools or other mechanical plant, you must use one of the following:

• a water suppression (wet cutting) system
• an on-tool dust extraction system, or
• local exhaust ventilation system.

All workers who process engineered stone must also be provided with and wear respiratory protective equipment.

See our resources on working safely with engineered stone (external site) (external site) for more information.