Australia to ban engineered stone due to silicosis risk

Australia will ban the use, supply and manufacture of engineered stone to protect thousands of workers from respirable crystalline silica (silica dust), which is generated in high levels when workers cut, shape or polish engineered stone. The Commonwealth has also confirmed an intention to ban the importation of the product, thereby providing further protections. Exposure to silica dust from engineered stone has led to an increase in workers developing the serious lung disease silicosis in Australia.

Safe Work Australia recommended the prohibition of engineered stone under the model WHS laws to protect the health and safety of workers. Safe Work Australia will draft amendments to the model WHS Regulations; the amendments will then be implemented in each jurisdiction’s WHS laws. A framework will also be developed to ensure anyone working with engineered stone products installed prior to the prohibition is doing so safely. Until the prohibition comes into effect, workers and businesses can continue to work with engineered stone in a controlled way, as detailed in the model WHS Regulations.

The national ban follows a report by Safe Work Australia that recommended a prohibition on the use of all engineered stone, regardless of crystalline silica content. The report found that the high levels of respirable crystalline silica generated from working with engineered stone could contribute to more rapid and severe disease, with no evidence of a safe threshold of silica content.

Most Australian states and territories have publicly supported a ban on engineered stone over the course of the year; the federal government’s decision to impose a ban at a national level will now protect all Australians.

New South Wales, Victoria and Queensland will prohibit the use, supply and manufacture of engineered stone from the 1 July 2024. SafeWork NSW will continue its work to ensure compliance with work health and safety requirements, including site visits and issuing penalties to any operator who is non-compliant. Earlier this year, NSW passed new laws to impose double penalties on any employer illegally exposing their workers to silica dust.

NSW WHS Ministers will meet again in March 2024 to finalise the details of the implementation of the ban, including the regulation of legacy products and transitional arrangements for contracts entered into before the 13 December 2023. The state’s WHS Ministers will continue with the nationally coordinated consultation and messaging for workers, unions, businesses and consumers.

Businesses and consumers in Victoria are asked not to enter into contracts for engineered stone products from 1 January 2024, because the contracts may not be able to be legally fulfilled. Victoria’s Ministers will attend a meeting in early 2024 to determine if there is a need for a period of transition for contracts entered into before the 13 December 2023.

An exception to Victoria’s prohibition of all engineered stone will apply if the work involves the removal, repair or minor modification of a product installed in a premises before 1 July 2024. This work will be subject to existing control requirements for engineered stone and additional high-risk crystalline silica work regulations. Until the ban comes into effect, Victoria’s existing laws regarding exposure to crystalline silica dust and working with engineered stone will continue to protect workers.

Several products will be expressly excluded from the definition of engineered stone, including concrete and cement products; bricks, pavers and other similar blocks; ceramic and porcelain wall and floor tiles; roof tiles; grout, mortar and render; and plasterboard.

WHS Ministers in Queensland have agreed to implement a harmonised national labour hire licensing scheme, with the draft intergovernmental agreement and funding to establish the scheme to be further considered by Ministers in mid-2024. Industrial Relations Minister Grace Grace said engineered stone is a dangerous product that is known to cause silicosis, and has no place in Australia’s workplaces.

“Queensland is extremely proud to have led a national campaign which has culminated in a ban on the use of engineered stone. All workers have a right to turn up to a safe and healthy workplace and I’m proud to be part of a government which has helped deliver this key measure to protect workers. Major retailers including Bunnings and IKEA have already announced they will phase out sales of engineered stone and I encourage other retailers to follow their example,” Grace said.

Safe Work Australia CEO Marie Boland said the prohibition of all engineered stone will make Australian workplaces safer and healthier, adding that workplace exposure to respirable crystalline silica has led to an “unacceptable” increase in the number of cases of silicosis and other silica-related diseases.

“Expert analysis shows that silica dust from engineered stone poses unique hazards and there is no evidence that low-silica engineered stone is safe to work with. The vast majority of silicosis cases identified in recent years are in engineered stone workers. Many of these cases are in younger workers who are experiencing faster disease progression and higher mortality. Continued work with engineered stone poses an unacceptable risk to workers, which is why we recommended a prohibition on the use of all engineered stone,” Boland said.

NSW Minister for Work Health and Safety Sophie Cotsis urged businesses and consumers to stop buying engineered stone and to refrain from entering into any further contracts. “I congratulate all workers, unions, medical experts and businesses that I stood side by side as we campaigned for this day. This is about saving lives, the evidence is in, and the Minns government has been a strong advocate for this,” Cotsis said.

Minister for WorkSafe Victoria and the TAC Danny Pearson said no one should be exposed to fatal risks simply by going to work. “We led the way with regulation and licensing in Victoria and now a national ban will ensure workers are protected from this shocking disease,” Pearson said.

The Asbestos and Dust Diseases Research Institute (ADDRI), a standalone medical research institute dedicated to dust-related diseases, welcomed the ban on engineered stone. ADDRI Chair Peter Tighe said the victims of exposure to engineered stone and trade unions have painted a compelling picture to government and regulators, that this common building product has the potential to “be the next asbestos epidemic”, in terms of dust disease. “The reality is that silicosis and other dust-related diseases caused by occupational exposure are entirely preventable — Australian workers are now dying because of the market for these vanity products,” Tighe said.

The Australian Workers’ Union welcomed the federal government’s announcement of a ban on engineered stone products, but pointed out that much more reform is needed to stop workers being exposed to deadly silica dust. AWU National Secretary Paul Farrow said the Work Health and Safety Act needs to be strengthened to provide a clear definition for high-risk silica work, with strong provisions introduced for working around the hazard. “This will require the state governments to follow through with the necessary changes and adopt the changes in their jurisdictions. There are some 4000 stonemasons in Australia, but around 600,000 workers who are exposed to silica dust. Unfortunately, for most of this 600,000, there can be no ban on the materials that expose them to silica in industries such as construction, tunnelling, quarrying, mining, road work and more,” Farrow said.

Image credit: iStock.com/Mogala