Silica, also called silicon dioxide, is a naturally occurring and widely abundant mineral that forms the major component of most rocks and soils. There are non-crystalline and crystalline forms of silicon dioxide. The most common type of crystalline silica is quartz. 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.

Between 2010-11 and 2021-22, there were 551 accepted workers’ compensation claims for silicosis in jurisdictions covered by the model WHS laws.

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 less skilled workforce can be used to 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.

Available evidence suggests engineered stone products do not pose a safety risk after installation in your home or workplace, as long as they remain 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 qualified 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. The tradesperson must use control measures to minimise the generation of dust and must wear respiratory protection.

If you work with engineered stone, you may be exposed to respirable crystalline silica (RCS) at work. Your employer must protect you, and anyone else in the workplace, from risks to your health and safety, such as those from exposure to RCS. They must put in place control measures to remove, or reduce, exposure to RCS. Control measures can include wet cutting, on-tool dust removal, local exhaust ventilation, and breathing protection.

As a worker, you have a responsibility to protect yourself and other people around you at work. This includes complying with  reasonable work health and safety instructions, and co-operating with reasonable policies and procedures to protect you from breathing in dust including by wearing appropriate personal protective equipment (PPE). You must be given the appropriate PPE (including respiratory protective equipment) to work with engineered stone and your employer must give you information and instructions on how to use and wear your PPE properly.

Talk to your employer about what they are doing to manage the risks of RCS at your work. If you are worried about a serious risk to your health and safety, you have the right to stop or refuse to carry out work. If you do this, you must inform your employer as soon as you can.

If after raising a safety concern with your manager or supervisor, you are still concerned about a risk to your health and safety you should speak to your health and safety representative (HSR) or contact the WHS regulator in your jurisdiction for advice. If you are a member of a trade union or employee association, they may also be able to help you.

Workers in occupations with a high risk of exposure to respirable crystalline silica, such as those working with engineered stone, 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 person conducting a business or undertaking must provide health monitoring to workers if there is a significant risk to health or a significant risk of exposure to respirable crystalline silica, such as when working with engineered stone. You should talk to your health and safety representative (HSR), or, if you do not have an HSR, your manager or employer, about arranging health monitoring. If you do not feel comfortable approaching your employer, or they refuse to provide health monitoring, you should contact the WHS regulator in your jurisdiction for advice.

Repairs, minor modification, removal and disposal of engineered stone products installed prior to the prohibition will not be subject to the prohibition. It is recommended that you don’t undertake DIY work with engineered stone. You should contact a qualified 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. The tradesperson must use control measures to minimise the generation of dust and must wear respiratory protection.

At this stage there are no specific requirements for disposing of engineered stone and will be in line with existing jurisdictional waste management requirements.

Some alternatives to engineered stone which may be used in kitchen benchtops include:

• Stainless steel
• Timber
• Laminate
• Solid Surface – blend of resin, minerals and pigments such as acrylic or polyester
• Recycled glass
• Porcelain
• Polished concrete
• Natural stone including marble and granite.

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

Discouraging further contracts also promotes the safety of workers.

New 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 be completed on or before 1 July 2024.

If incomplete by then, consumers will need to look at alternative products.

Contracts for supply, install or processing of engineered stone benchtops, panels or slabs shall be permitted under transitional arrangements within South Australia until 31 December 2024.

Work that can’t be completed by 31 December 2024 will require the consumer to consider an alternative product.

For further advice about your individual circumstances, you can contact Consumer and Business Services on 131 882.

Talking with your supplier is really important. 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 about your individual circumstances, you can contact Consumer and Business Services on 131 882.

The prohibition on the use, supply and manufacture of all engineered stone benchtops, panels and slabs will commence from 1 July 2024.

Transitional arrangements will apply within South Australia for eligible contracts entered into on or before 31 December 2023.

For eligible contracts work involving the supply, installation or processing of engineered stone benchtops, panels and slabs between 1 July 2024 and 31 December 2024 will be exempt from the prohibition provided the work is carried out under, or for the purposes of, a contract entered into on or before 31 December 2023.

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

If incomplete by then, consumers will need to look at alternative products.

The communiqué released by WHS Ministers on 13 December 2023 encourages businesses and consumers to avoid entering into contracts for the supply of engineered stone on or after 1 January 2024.  This is to avoid the risk that these contracts will not be fulfilled before 1 July 2024.

You should consider what is best for your business and your customer, noting that there will be a level of risk should the order not be completed prior to the prohibition coming into effect.

From 1 July 2024, repairs, minor modification, removal and disposal of engineered stone installed prior to the prohibition, will not be subject to the prohibition. Stronger laws will exist however for these excluded activities to ensure they are undertaken safely. It is yet to be determined if a licence scheme to work with existing engineered stone installations will be introduced into South Australia.

If you are unable to agree with your stone supplier on how to approach matters concerning stock ordered, payments or any other matter, the Small Business Commissioner SA (SBC) is available to help.

SBC’s Dispute and Regulation Advisors are available to provide support with initial advice on what the prohibition may mean for your business. If you find yourself requiring assistance with a dispute, the team is available to assist you in reaching a resolution, and if necessary, facilitating a mediation with one of SBC’s professional mediators.

We know that the ban has the potential to impact small businesses significantly.

SBC is continuing to advocate for small businesses to ensure that measures are considered to assist businesses through the impacts of the prohibition.

As further details become available about the practical implications of the prohibition, SBC welcomes feedback from small and medium sized businesses. In particular, SBC would welcome feedback on initiatives that will facilitate a smoother transition to the use of alternate products and allow businesses to continue operating successfully.