Regulation on processing crystalline silica substances

Stronger regulation on processing crystalline silica substances came into effect on 1 September, 2024.

National Work Health and Safety Ministers unanimously agreed to amend the model work health and safety laws, introducing stronger regulation around the processing of crystalline silica substances, effective 1 September 2024.

What are the new duties?

Under the regulations, a crystalline silica substance (CSS) is defined as any material containing at least one per cent crystalline silica by weight and stipulates that all processing be controlled.

Note

While engineered stone is a type of CSS, the manufacture, supply and processing of engineered stone benchtops, panels and slabs remains prohibited. Further details.

In accordance with new section 529B of the Work Health and Safety Regulation 2011 (WHS Regulation), processing is ‘controlled’ if control measures are implemented, so far as is reasonably practicable, to eliminate or minimise risks arising from the processing and at least 1 of the following control measures is 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.

Should a person still be at risk of exposure to RCS despite these control measures, suitable Respiratory Protective Equipment (RPE) must be provided and worn.

The new duties also require businesses to undertake a risk assessment of CSS processing to determine if the activity is high-risk.

What is processing?

Processing means:

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 a 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 during the manufacture or handling of a CSS.

High-risk means the processing is reasonably likely to result in a risk to the health of a person at the workplace. If unable to determine whether the processing is high-risk, it is taken to be high-risk until determined otherwise.

If processing is assessed as high-risk:

a silica risk control plan (or Safe Work Method Statement for high-risk construction work) must be prepared and retained for inspection, and additional control requirements applied; and
accredited or regulator approved crystalline silica training must also be provided to workers carrying out the processing, or at risk of exposure to RCS because of the processing, with training records retained for inspection; and
businesses must also consider whether, under pre-existing WHS Regulation requirements, air monitoring and /or health monitoring is required.

Support and guidance

Safe Work Australia and jurisdictions have co-developed the Working with crystalline silica substances: Guidance for PCBUs to help businesses understand how best to comply with these new regulations.

Businesses may also consult Workplace Health and Safety Queensland (WHSQ) advice pages, featuring FAQs on respirable crystalline silica and workplace management.

Resources

Need more help?

You can access additional resources and support by contacting us via safetyinfo@oir.qld.gov.au.