Background

From 1 September 2024 new regulations come into effect that provide additional obligations on a person conducting a business or undertaking (PCBU) who carry out work with crystalline silica substances (CSS). These additional requirements will also apply to permitted work with legacy engineered stone products.

Common materials containing crystalline silica include natural and engineered stone, bricks, pavers, cement, grout, mortar and tiles.

On 28 February 2023, Work Health and Safety ministers considered the recommendations of the Decision Regulation Impact Statement: Managing the risks of respirable crystalline silica at work and agreed to stronger regulation of processing of materials containing crystalline silica substances across all industries, particularly in relation to processing that is assessed as high risk.

Key requirements for a PCBU undertaking a high-risk crystalline silica process are:

  • control the processing of crystalline silica substances
  • identify processing of CCS that are high risk and develop a silica risk control plan based on the outcomes of a risk assessment
  • provide instruction, information and training to workers about the health risks associated with exposure to respirable crystalline silica, the need for appropriate controls and the application of controls
  • undertake air monitoring and provide results to the Work Health and Safety regulator (SafeWork SA) where they indicate the airborne concentration of respirable crystalline silica (RCS) in the workplace exceeds the workplace exposure standards (WES) notify the regulator here, and
  • provide health monitoring for workers.

General questions

What is a crystalline silica substance?

The Work Health and Safety Regulations define a crystalline silica substance (CSS) as a material containing at least 1% crystalline silica (by weight).

Examples of a CSS include, but are not limited to:

  • natural stone products such as marble or granite benchtops
  • engineered stone
  • sintered stone
  • porcelain and ceramic products
  • sandstone
  • asphalt
  • cement products containing fly ash, mortar and grout
  • bricks, blocks, pavers, tiles and mortar
  • concrete and cement-based products, such as fibre-cement sheeting and autoclaved-aerated concrete
  • most rocks, sands and clays, and
  • composite dental fillings.

PCBUs may confirm crystalline silica content in a product or substance by referring to the relevant safety data sheet. When safety data sheets are not available, other information sources including product information or technical data sheets may be consulted.

What is considered processing of a crystalline silica substance?

Processing of a crystalline silica substance (CSS) may involve:

  • the use of power tools or mechanical plant to carry out an activity involving the crushing, cutting, grinding, trimming, sanding, abrasive polishing or drilling of a CSS, or
  • the use of roadheaders to excavate material that is a CSS, or
  • the quarrying of a material that is a CSS, or
  • mechanical screening involving material that is a CSS, or
  • tunnelling through a material that is a CSS, or
  • a process that exposes, or is reasonably likely to expose, a person to respirable crystalline silica (RCS) during manufacture or handling of a CSS (for example cleaning and maintenance processes such as sweeping that may disturb settled RCS).

This definition is designed to capture all activity with a CSS that has the potential to generate and expose workers or others at the workplace to RCS.

How do I ensure the processing of a crystalline silica substance is controlled

Processing of a crystalline silica substances (CSS) is controlled if:

  • control measures to eliminate or minimise risks arising from the processing are implemented so far as is reasonably practicable and,
  • at least 1 of the following measures are used during the processing:
    • the isolation of a person from dust exposure
    • a fully enclosed operator cabin fitted with a high efficiency air filtration system
    • an effective wet dust suppression method
    • an effective on-tool extraction system
    • an effective local exhaust ventilation system

A person still of risk of being exposed to RCS after 1 or more of the measures listed above are used is:

  • provided with appropriate respiratory protective equipment, and
  • wears the respiratory protective equipment correctly while the work is carried out.

What respiratory protection is required when processing a crystalline silica substance?

When undertaking the processing of a crystalline silica substance (CSS), respiratory protective equipment means personal protective equipment that is designed to prevent a person wearing the equipment from inhaling airborne contaminants.

All respiratory protective equipment must comply with:

  • AS/NZS 1716:2012 (Respiratory protective devices), and
  • AS/NZS 1715:2009 (Selection, use and maintenance of respiratory protective equipment)

AS/NZS 1716:2012 provides information to manufactures, suppliers, persons conducting a business or undertaking (PCBUs) and users by setting out performance requirements for different types of respiratory protective equipment. To ensure compliance with this standard, employers should buy their respiratory protective equipment from a reputable supplier and ensure that it is certified to this standard.

Under AS/NZS 1715:2009:

  • the respiratory protective equipment must incorporate a particulate filter (P1, P2 or P3 – dependent on the type of respiratory protective equipment selected and the level of airborne contamination present)
  • where tight fitting respiratory equipment is used:
    • the respiratory protective equipment must be successfully fit-testedf to the wearer by a competent person before use
    • a further fit test should be performed at least annually or whenever there is a change in the wearer’s facial characteristics or other features which may affect the facial seal of the respiratory protective equipment, and
    • there can be no facial hair where the mask seals to the face (during fit testing or when wearing respiratory protective equipment).

What is considered high risk in relation to the processing of a crystalline silica substance?

High risk, in relation to the processing of a crystalline silica substances (CSS), is the processing of a CSS that is reasonably likely to result in a risk of health of a person at a workplace.

In assessing whether the processing of a CSS is high risk, the person conducting a business or undertaking (PCBU) must have regard to the following factors:

  • the specific processing to be undertaken,
  • the form or forms of crystalline silica present in the CSS,
  • the proportion of crystalline silica contained in the CSS, determined as a weight/weight (w/w) concentration,
  • hazards associated with the work, including the likely frequency and duration of exposure to respirable crystalline silica (RCS),
  • whether the airborne concentration of respirable crystalline silica present in the workplace is reasonably likely to exceed half the workplace exposure standard
  • any relevant air and health monitoring results previously undertaken at the workplace, and
  • any previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace.

When assessing whether the processing of a CSS is high risk, a PCBU must not:

  • rely on control measures implemented under Work Health and Safety Regulations, or
  • take into account the use of personal protective equipment and administrative controls used to control the risks associated with respirable crystalline silica.

If a PCBU is unable to determine whether the processing of a CSS carried out at the workplace is high risk, then processing is taken to be high risk until the person determines that it’s not high risk.

What is a silica risk control plan?

A silica risk control plan is a practical tool to document the specific tasks and control measures related to each processing of a crystalline silica substance (CSS) that is high risk carried out by the PCBU. It will be informed by the assessment of the processing of a CSS that determined the processing is high risk.

If a person conducting a business or undertaking (PCBU) has assessed the processing of a CSS, or a combination of processing of a CSS, as being high risk, a silica risk control plan must be developed covering those processing tasks.

A silica risk control plan must:

  • identify all the processing of a CSS carried out at the workplace that is high risk
  • include what was considered high risk in relation to the processing of a CSS
  • document what control measures will be used to control the risk associated with the processing that is high risk.
  • how the selected control measures will be implemented, monitored and reviewed.
  • Be set out and expressed in a way that is readily accessible and understandable to persons who use it.

Once a silica risk control plan is in place, the PCBU must put in place arrangements for ensuring that the processing of a CSS that is high risk are carried out in accordance with the plan.

A PCBU must also make sure this plan is available to all workers generally and provided to all workers before they commence the processing of a CSS.

If the processing of CSS that is high risk is not carried out in accordance with the plan, the person must ensure that the processing is stopped immediately or as soon as it is safe to do so and resumed only in accordance with the plan.

A silica risk control plan must be reviewed and revised to maintain, so far as is reasonably practicable, a safe work environment. Review and revision of the control measures specified in the plan is required to minimise exposure to RCS whenever:

  • they may no longer be effective
  • they are impacted by a change at the workplace or
  • where a new hazard or risk is identified.

The silica risk control plan must be developed in consultation with workers involved in carrying out processing of a CSS that is high risk and if any, their elected health and safety representatives (HSR). It must also be set out and expressed in a way that is readily accessible and understandable by the persons who use it.

Penalties apply for failing to have a silica risk control plan in place, where required, for failing to carry out the processing of a CSS in accordance with the silica risk control plan and for failing to review and revise relevant control measures.

Is there a silica risk control plan template available?

Safe Work Australia has published a template silica risk control plan in their National guidance material - Working with crystalline silica substances (external site) at Appendix G .

Can a Safe Work Method Statement (SMWS) for High Risk Construction Work be a silica risk control plan?

A silica risk control plan is not required to be prepared before the processing of a CSS that is high risk if:

  • The processing that is high risk is also high risk construction work
  • A SWMS has been prepared before the processing commences
  • The SWMS satisfies the requirements of a silica risk control plan.

What monitoring is required?

For each processing of a crystalline silica substance (CSS) that is high risk at the workplace, a person conducting a business or undertaking (PCBU) must:

  • undertake air monitoring for respirable crystalline silica in accordance with regulation 50, and
  • provide health monitoring for all workers carrying out the processing of a CSS that is high risk

In addition, a person conducting a business or undertaking (PCBU) must provide air monitoring results to the regulator if the airborne concentration of RCS has exceeded the Workplace Exposure Standards (WES) for respirable crystalline silica (RCS).

This result must be reported to SafeWork SA as soon as reasonably practicable and no more than 14 days from the date the result was reported to the PCBU and provide copies of the results/reports to us.

What penalties apply?

A person conducting a business or undertaking (PCBU) that fails to follow the new Work Health and Safety laws will face fines up to $42,000.

Individual workers or managers that fail to follow the new laws could face fines of up to $8,400.

Crystalline Silica Training

South Australia has adopted the model work health and safety regulations which provide a duty for Persons Conducting a Business or Undertaking (PCBU) to train workers about the risks of crystalline silica.

From 1 September 2024 you must provide crystalline silica training to workers if:

  • they are involved in processing of a crystalline silica substance (CSS) that is high risk; or
  • they are at risk of exposure to respirable crystalline silica (RCS) because of the processing of crystalline silica substance that is high risk.

If your workers are not undertaking high risk processing, you must still provide appropriate information, instruction, training or supervision to anyone who may be exposed to RCS at the workplace.

The following courses are recognised as approved training in South Australia:

Training can be undertaken face to face or online.

There is currently no WHS regulator approved training courses in South Australia.  While the regulations allow the WHS regulator to approve training courses, SafeWork SA will only recognise accredited National VET courses.

Any worker who can provide evidence of having successfully completed one of these courses prior to 1 September 2024 does not have to complete the training again.

Training records

You are required to keep a record of the training provided to workers, while they are carrying out the high risk processing and for five years after the day they stop working for your business. This record of training can be documented in your silica risk control plan.

Records of completed training include:

  • Registered Training Organisation Statement of Attainment that includes either: 10830NAT, CPCSIL3001 or CPCSIL4001.

Further information

Safe Work Australia’s Guide – Working with crystalline silica substances provides more details about the training in section 5.4
- Working with crystalline silica substances (safeworkaustralia.gov.au)

Further links