Ban on Engineered Stone: Protecting Workers’ Health

Slide 1
Intro with music or what is standard from strat comms

Slide 2
Welcome and introductions

e.g. Hello and I am Yasmin Cox, Executive Director Specialised Health and Safety Services for Workplace Health and Safety Queensland, speaking to you today about the Engineered Stone Ban

Slide 3
Acknowledgement of country

We respectfully acknowledge the Traditional Custodians of the land on which we meet today. We also pay our respects to Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander people.

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This prohibition is a result of Queensland’s longstanding campaign to ban the use of engineered stone, which has culminated in Commonwealth, State and Territory leaders agreeing to the national ban on this product.

Queensland first put a proposed ban on the national agenda in 2018 in response to escalating health impacts on workers, including silicosis, caused by working with engineered stone.

Queensland is extremely proud to have led a national campaign which protects workers and has resulted in a ban on the use of engineered stone.

This is a dangerous product that is known to cause the potentially fatal disease silicosis, and it has no place in our workplaces.

As we will see in the following clip, it has had devastating results for workers - Silicosis - is it the 'new asbestosis'?

Slide 5
In this webinar we are going to cover:
Why is engineered stone being banned
What are the new rules regarding engineered stone
What is Legacy stone and the types of work that can be done on Legacy stone
The exemption process

Slide 6
So, what is crystalline silica?
Silica is actually silicon dioxide, a naturally occurring and widely abundant mineral that forms the major component of most rocks and soils. It has non-crystalline and crystalline forms. It is the crystalline form that is the focus of these regulatory changes.

Crystalline silica can be found in sand, stone, concrete and mortar. It is also used to make a variety of products including engineered stone. Cutting, polishing, grinding, sanding, and trimming of material with silica content generates very fine crystalline silica dust particles – referred to as Respirable Crystalline Silica (RCS). The particle size means that RCS can be easily inhaled deep into the lung and cause serious illness or disease, including silicosis.

Slide 7
Silicosis cases can occur in workers processing many different types of silica-containing materials across a range of industries. However, the number of cases in engineered stone workers was significantly higher than workers exposed to silica from other sources. Further research indicated that the silicosis cases in engineered stone workers was associated with a shorter duration of exposure to crystalline silica, and faster disease progression with higher mortality.

The latest scientific evidence identified that the RCS particles generated from processing engineered stone are smaller and more toxic. This results in more serious health risks for workers who process engineered stone.

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This is the reason for the ban - 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 RCS when processed, compared to natural stone.
• Engineered stone is easier to process than natural stone, which means there can be increased levels of processing in one shift, leading to higher exposure to RCS.
• RCS generated from engineered stone has different physical and chemical properties to that which is produced from natural stone, including a greater proportion of very small particles of crystalline silica which can penetrate deeper into the lungs.
• Other components of engineered stone, such as resins, metals and pigments, may contribute to the toxic effects of engineered stone dust, either alone or by exacerbating the effects of respirable crystalline silica.

As the risks associated with engineered stone are unacceptably high, Queensland has not adopted a transitional period for the ban. The ban means that since 1 July, manufacturing, supply, processing, and installation of engineered stone benchtops, panels and slabs must have ceased even if contracts were entered into prior.

Slide 9
On 13 December 2023, WHS ministers across the country unanimously agreed to ban the use, supply and manufacture of all engineered stone benchtops, panels and slabs.

In March 2024, the ministers agreed to draft model regulations which included the definition of engineered stone. It was also clarified that finished engineered stone products such as jewellery, garden ornaments, sculptures, and kitchen sinks which do not require processing or modification would be excluded from the ban.

The Queensland Work Health and Safety Regulation 2011 was updated to outline the ban.

The amendments make it an offence for a PCBU to carry out, or to direct or allow a worker to carry out, work involving the manufacture, supply, processing or installation of engineered stone benchtops, panels or slabs.

There are limited circumstances where work with engineered stone is permitted. For any permitted work with engineered stone, the processing must be controlled.

The amendments also include 2 new frameworks relating to the ban:

• an exemption framework that provides a process for a WHS regulator to exempt a type of engineered stone from the ban where there is compelling evidence that it can be worked with safely, and
• a notification framework under which PCBUs must notify the relevant WHS regulator if they are proposing to carry out permitted work to remove, dispose of, repair or make minor modifications to legacy engineered stone.

It is important to note specifically what is being banned – engineered benchtops, panels and slabs.

Engineered stone is defined as an artificial product that:

1. Contains at least 1% crystalline silica, (This is measured as a weight to weight concentration); and
2. Is created by a process of combining natural stone materials with other materials such as resins, water or pigments; and
3. becomes hardened.

If a benchtop, panel, or slab does not meet all three of the above criteria, then it is does not meet the definition of prohibited engineered stone and is not within the scope of the ban.

Many common building products are also excluded from the definition of engineered stone. This includes:

• concrete and cement products
• bricks, pavers, and other similar blocks
• ceramic wall and floor tiles
• sintered stone
• porcelain products
• roof tiles
• grout, mortar, and render, and
• plasterboard.

It is important to note that there are products that are now on the market that may meet one or two of the criteria, but because they don’t meet all three, they are not considered engineered stone for the purposes of this ban. This will include some of the new alternative products which include resins or pigments but contain less than 1% Crystalline silica.

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The prohibition on engineered stone includes the manufacture, supply and installation of engineered stone benchtops, panels and slabs. It also includes the processing of these materials.  Processing includes, but is not limited to, using power tools or other mechanical plant to crush, cut, grind, trim, sand, abrasive polish or drill the engineered stone.

Controlled work with engineered stone benchtops, panels and slabs will be allowed to continue after 1 July 2024 in the following scenarios:

• for genuine research and analysis
• sampling and identification of engineered stone
• work carried out for the purpose of removing, repairing, making minor modifications or disposal of installed engineered stone, and
• work carried out for the purposes of disposal of engineered stone

Slide 11
The following examples may help explain further:

• Repairs, minor modification, removal and disposal of engineered stone benchtops, panels and slabs installed prior to the ban will not be subject to the ban. Any work with previously installed engineered stone must have the risks controlled and businesses which plan to undertake permitted work with legacy engineered stone will be required to notify WHS regulators. Failure to provide the required information will constitute an offence.
• A further example would be making a minor modification to an installed engineered stone product which is limited in scope and where the relevant features and purpose of the product remain. Another example of a minor modification would be drilling a larger diameter hole in a kitchen benchtop to allow the installation of a new mixer tap.  Furthermore, repairing a crack in an engineered stone benchtop installed in a kitchen. To repair the engineered stone, a worker needs to fill the crack with liquid resin and use power tools to level and re-polish the engineered stone.
• This Regulation would allow, for example, a PCBU to use a power tool to remove a damaged engineered stone benchtop in a client’s kitchen provided that it has an effective on-tool dust extraction system. The worker removing the benchtop must be given and wear appropriate RPE when carrying out the work.

Remember: that the PCBU must provide a notification to the WHS regulator and ensure any processing of the engineered stone is controlled.

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Engineered stone benchtops, panels and slabs are currently installed in many homes and other settings throughout Australia. As an undisturbed finished product, engineered stone does not pose a risk. So, there is no need to remove engineered stone that is currently installed.

However, the disposal of currently installed stone and uninstalled stock is allowed as it is deemed to be work with legacy stone. The exception for disposal does not permit repurposing or reusing of processed legacy engineered stone, including crushed stone.

Processing of legacy engineered stone for disposal, such as cutting an installed benchtop into manageable sizes, must be controlled and the disposal must comply with any applicable jurisdictional waste management requirements.

Engineered stone is now exempt from the State waste levy until 30 June 2025 inclusive.

Waste levy exemption code 240017DCE should be used by landfill operators when receiving engineered stone during this period.

Slide 13
The prohibition does not apply to natural stone benchtops, panels or slabs or products that are made of porcelain or sintered stone. For example, the manufacture, supply, installation or processing of a granite benchtop is not prohibited. However, PCBUs still owe a duty to ensure the health and safety of workers who are processing natural stone products.

Processing in relation to these products means crushing, cutting, grinding, trimming, sanding, abrasive polishing and drilling using power tools or other mechanical equipment.

When processing is being carried out on engineered stone that is not prohibited, or processing products like sintered stone and porcelain which produce dust, it must  be controlled.

To meet this requirement at least one of the following systems must be used:

• an effective water delivery system that supplies a continuous feed of water over the stone being processed to suppress the generation of dust, or
• an effective on-tool dust extraction system, or
• an effective local exhaust ventilation (LEV) system,

and

• each person who is at risk of exposure to RCS from processing the products must be provided with respiratory protective equipment (RPE) and must wear the RPE while work is being carried out.
• The RPE must comply with Australian standard 1716:2012 and 1715:2009.

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We’ve prepared an exemption framework about engineered stone that is different to the general exemption that already existed.

Exemptions may only be sought and granted on narrow grounds and will only be granted for specific products, rather than to PCBUs.

We can’t grant an exemption in respect of a type of engineered stone from the prohibition in Regulation 529D unless we’re 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.

Exemptions granted in other jurisdictions are automatically recognised in Queensland.

In accordance with the common decision making framework published by Safe Work Australia, we must consider any submission provided by the applicant together with the application, any submissions made by the Safe Work Australia members representing the interests of workers or the interests of employers in Australia.

We must also consult with  corresponding regulators and consider any submissions received from them).

We’ll look at any submissions received from parties the WHS regulator may choose to consult with, including:

• an employer organisation involved in engineered stone,
• a union representing employees whose work includes engineered stone, or
• a person who has qualifications, knowledge, skills, and experience relating to engineered stone.

There are relevant matters in the Engineered Stone Prohibition common decision-making criteria published by Safe Work Australia in accordance with Regulation 689E, which we’ll also take into account.

Finally we’ll consider if we’re satisfied that, if the exemption were granted, the risk associated with the type of engineered stone the application is about would not be significant.

Applicants should be aware that copies of their application will be shared with corresponding regulators and may be shared with other parties that are listed in the regulations.

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If you are conducting or planning to conduct work on legacy stone that is set out in the legislation, you must notify WHSQ of this work. The notification can be done via the form on our website.

This notification is if you intend to do work that involves processing to: repair, make minor modification to, or remove an engineered stone benchtop, panel or slab that is already installed, or dispose of an engineered stone benchtop, panel or slab, whether it is installed or not.

This notification is only for work that will be completed in Queensland. Work in other states will require a notification to that regulator. And you must notify the WHS regulator before any permitted work with legacy engineered stone is carried out.

However, if you do carry out permitted work with legacy engineered stone, for example: due to misidentifying the engineered stone as another type of product; then you must notify as soon as practicable after becoming aware that the work involved processing of engineered stone.

A notification requires the following information:

• the type of work being carried out, whether it be a repair, minor modification, removal or disposal
• a description of the work (e.g., repairing kitchen benchtops), and
• the estimated frequency and duration of the work to be conducted, (e.g., approximately one repair per week, and less than 30 minutes per repair).

You must re-notify the WHS regulator within 30 calendar days if there’s a change to the information provided in the previous notification. When re-notifying, the re-notification must state and describe the information that has changed (e.g., an increase or decrease in the frequency and/or duration of the work or a change in the type of work with legacy engineered stone).

You must also re-notify the WHS regulator if it has been 12 months since the previous notification and you intend to continue permitted work with engineered stone.

If you decide to stop conducting work on legacy engineered stone a re-notification is not required.

Slide 16
Please review these websites or contact us if you have any questions at all regarding the ban on engineered stone.

And thank you very much I hope this has been helpful.

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