Exemption from the engineered stone prohibition

The WHS Regulations allow a WHS regulator to exempt a type of engineered stone from the prohibition.

A person may make an application to SafeWork SA to request that a type of engineered stone be exempted from the prohibition. However, prior to lodging an application with SafeWork SA, a number of steps must be completed by the applicant.

More details:

An application must include statements, claims and supporting evidence that demonstrates if the exemption were granted, it would result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption. This must include information or evidence:

  • About the intended use of the type of engineered stone;
  • That the risks associated with the type of engineered stone that is the subject of the application would not be significant, including information about any relevant control measures for processing the type of engineered stone safely, and
  • Addressing the Engineered Stone Prohibition common decision-making criteria published by Safe Work Australia, which includes:
    • Sufficient evidence that will allow the subject of an exemption application to be distinguished from engineered stone covered by the prohibition;
    • Compelling evidence the product can be worked with safely, including any reasonably practicable control measures to mitigate safety concerns; and
    • Exceptional circumstances, such as a change in technology or composition which is proven to reduce the health risks to workers when processing the product.

Once the application paperwork has been compiled and before making an application to SafeWork SA for exemption, the applicant must consult with the Safe Work Australia social partners. This includes:

  • The two members that represent the interests of workers; and
  • The two members that represent the interests of employers.

The applicant must provide a copy of their proposed application, along with a written notice to each social partner:

  • Stating that they intend to apply to SafeWork SA for an exemption
  • Inviting the social partner to make a submission for SafeWork SA (within a reasonable timeframe); and
  • Informing the social partner that the submission must be provided to SafeWork SA as part of the application.

When making an application to SafeWork SA, a person must:

  • Apply through the following link;

I-Apply Exemption form

  • Provide the written notice that was provided to each of the social partners; and
  • Provide any submissions made to the applicant by the social partners.

An exemption will only be granted if SafeWork SA is satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption.

If an exemption is granted, a PCBU will be exempt from compliance with the engineered stone prohibition if the PCBU carries out work involving the type of engineered stone that has been exempted.

Note: The exemption applies to a type of engineered stone. Once a type of engineered stone is exempted, any PCBU will be able to work with that type of engineered stone so long as they can satisfy any conditions imposed on the exemption.

An exemption granted by SafeWork SA, will also apply in all corresponding jurisdictions.