Engineered Stone Ban: What Australian Businesses Need to Know

The landscape of Australian construction and renovation has just undergone a seismic shift. As of July 1, 2024, a nationwide ban on engineered stone has come into effect, sending ripples through industries that have long relied on this versatile material. For businesses involved in the manufacture, supply, processing, or installation of engineered stone, understanding and complying with these new rules is crucial. Let's dive into the details of this sweeping change and explore what it means for your business.

Understanding Engineered Stone and Its Risks

Engineered stone, a popular choice for benchtops, panels, and slabs, has been a staple in Australian homes and businesses for years. However, concerns over the health risks associated with its production and installation have led to this nation wide ban. The culprit? Crystalline silica, a component of engineered stone that, when cut or processed, can release dangerous dust particles linked to severe respiratory illnesses.

What’s Banned and What’s Not?

The prohibition covers the manufacture, supply, processing, and installation of engineered stone benchtops, panels, and slabs containing at least 1% crystalline silica. This definition casts a wide net, affecting a significant portion of the engineered stone products currently in use. However, it’s important to note that this ban specifically targets engineered stone in the form of benchtops, panels, and slabs.

Many other man-made products that contain crystalline silica can still be used. These include concrete and cement products like bricks, pavers, and other similar blocks; ceramic and porcelain products; wall, floor, and roof tiles; grout, mortar, and render, and plasterboard.

Porcelain, natural stone, and sintered stone products that don’t contain resin can also be used.

In some states, you may have a grace period to complete existing projects, while in others, you'll need to halt all work immediately.

• New South Wales: A transition period is in place for contracts entered before December 31, 2023, with installation allowed until December 31, 2024.

• Queensland and Victoria: No transition period. All work with engineered stone must cease on July 1, 2024, regardless of existing contracts.

• South Australia and Western Australia: A transition period until December 31, 2024, for contracts entered before December 31, 2023.

• Australian Capital Territory: No transition period.

• Northern Territory and Tasmania: A six-month transition period for contracts entered before December 31, 2023, with work to be completed by December 31, 2024.

These variations highlight the importance of staying informed about the specific regulations in your area.

Permitted Exceptions

While the ban is comprehensive, there are certain permitted activities. These include:

• Research and Analysis: Installation, supply, and controlled processing for genuine research purposes.

• Sampling and Identification: Necessary procedures to sample and identify engineered stone.

• Repair, Removal, and Minor Modification: Limited to legacy engineered stone (previously installed products or uninstalled stock before the ban).

• Disposal: Engineered stone can be processed for disposal purposes, ensuring it is controlled and complies with waste management requirements.

Businesses can also apply for exemptions from the prohibition through WHS regulators if they can demonstrate that health and safety standards will be maintained. Exemptions granted by one WHS regulator are recognised in all jurisdictions except Victoria, where a separate application is required.

Existing Installations: What You Need to Know

Work on legacy engineered stone—that is, engineered stone already installed before the ban - is still permitted under certain conditions. This includes removal, disposal, repair, and minor modifications. However, any processing of legacy engineered stone must be controlled, and in most cases, you'll need to notify your state's Work Health and Safety (WHS) regulator before undertaking such work.

This notification is not project-specific but should cover the types of work likely to be conducted over a 12-month period. The notification should include:

• The type of work (e.g., repair, minor modification, removal, or disposal).

• A description of the work (e.g., repairing kitchen benchtops).

• The estimated frequency and duration of the work (e.g., one repair per week, each taking less than 30 minutes).

  
  

PCBUs (Persons Conducting a Business or Undertaking) must keep records of these notifications and acknowledgments from the WHS regulator for five years.

Controlled Processing Measures

To ensure safe processing of engineered stone, specific control measures must be implemented:

• Water Delivery Systems: Continuous water feed over the stone being processed to suppress dust generation.

• On-Tool Dust Extraction: Effective systems to capture dust at the source.

• Local Exhaust Ventilation (LEV): Systems to remove dust from the work area.

Additionally, all workers must be provided with and wear appropriate respiratory protective equipment (RPE) compliant with AS/NZS standards during processing activities

Looking Ahead: The Bigger Picture of Workplace Safety

There is no denying that the engineered stone ban represents a significant shift in Australia's construction and renovation industries, and is part of a broader push towards safer work practices in Australia. From September 1, 2024, there will be stronger regulations on all materials containing at least 1% crystalline silica, not just engineered stone. This includes requirements for controlled processing and risk assessments, which could lead to improved safety standards across the industry.

However, it's not all doom and gloom. This ban also presents opportunities for innovation and diversification. Many businesses are already exploring alternatives to engineered stone, such as natural stone, porcelain, or other materials with lower silica content.

Stay Informed and Adapt

Are you ready to navigate this new landscape? The key to success will be staying informed and adaptable. To ensure you have the most up-to-date and accurate information for your specific situation, we recommend visiting Safe Work Australia's dedicated website. There, you'll find detailed guidance on the ban's implementation in your jurisdiction, as well as resources to help your business adapt to these changes.

How Businesses Can Apply These Regulations

1. Assess Your Current Practices: Start by auditing your current practices involving engineered stone. Identify areas where changes are needed to comply with the new regulations. This assessment should cover all stages from manufacturing and processing to installation and disposal.
   

2. Implement Control Measures: Adopt the necessary control measures for any permitted processing activities. Ensure that all workers are trained in using these controls and are provided with the required RPE. Regularly inspect and maintain equipment to ensure its effectiveness.
   

3. Notify WHS Regulators: Follow the proper process to notify the WHS regulator before commencing any permitted work. Use the prescribed forms and include all required information. Keep detailed records of these notifications and any correspondence with the regulator.
   

4. Stay Informed About Exemptions: Evaluate if your business qualifies for any exemptions and apply as needed. Stay updated with the latest information from WHS regulators regarding any changes to exemption criteria or processes.
   

5. Ongoing Compliance and Training: Regularly update your compliance procedures and train your staff on the latest regulations. Engage with WHS regulators and industry bodies for guidance and support. Ensure that all workers understand the importance of these measures and comply with them.
   

*Information current as at 06/08/2024