Engineered Stone Ban: FAQs Answered

The manufacture, supply, process, or install of engineered stone has come to an end

From 1 July 2024, Victorians are no longer permitted to manufacture, supply, process, or install engineered stone benchtops, slabs or panels. 

However, crystalline silica can still be found in many construction materials, such as concrete, bricks, tiles and mortar which can produce respirable crystalline silica dust when mechanically processed. Regardless of the ban, exposure to crystalline silica dust can be deadly and will continue to be a workplace hazard. Employer obligations remain in place.  

Below WorkSafe will answer commonly asked questions about the engineered stone ban and high-risk crystalline silica work in construction.

Is the definition of engineered stone changing?

From 1 July 2024, engineered stone is defined as an artificial product that:

• Contains 1 per cent or more crystalline silica, determined as a weight/weight (w/w) concentration; and
• Is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and
• Becomes hardened.

Engineered stone does not include the following:

• Concrete and cement products
• Bricks, pavers and other similar blocks
• Ceramic wall and floor tiles
• Sintered stone and porcelain products (including benchtops, panels or slabs) that do not contain resin
• Roof tiles
• Grout, mortar and render

What are the requirements for working with engineered stone after the 1st of July 2024?

Work with engineered stone products that are not benchtops, slabs or panels will still be permitted. Repairs, modification and removal of already installed engineered stone, as well as disposal, will also be permitted. You will not need a licence for this work, however If you are performing an engineered stone process there are still requirements under the OHS regulations that you must follow.

An engineered stone process is a process involving engineered stone at a workplace that generates crystalline silica dust, including cutting, grinding or abrasive polishing of engineered stone. From the 1st of July, if you are performing an engineered stone process you must:

• Treat the work as high-risk crystalline silica work (HRCSW), and
• Ensure power tools are not used to cut, grind or abrasively polish engineered stone unless on-tool water suppression or dust extraction devices are in place and respiratory protection is used.

Why are workers in construction at risk of being exposed to respirable crystalline silica?

• Crystalline silica can be found in many construction materials such as concrete, bricks, tiles, mortar and engineered stone
• These substances are not defined as hazardous substances in their solid form
• When these substances are mechanically processed (for example, cutting or grinding) crystalline silica dust is generated. These dust particles are small enough to be breathed deep into the lungs
• Exposure to crystalline silica dust over a long period of time at low to moderate levels, or short periods at high levels can lead to serious health conditions such as silicosis, which is an irreversible, incurable and progressive lung disease that can lead to disability and death
• Construction and demolition employees can be at risk of developing these diseases.

How to identify high risk crystalline silica work?

If workers are carrying out a process that can be defined as a crystalline silica process employers must identify whether those processes meet the definition of high risk.

A crystalline silica process is defined as:

1. The use of a power tool or other forms of mechanical plant to;
   1. Cut, grind, polish or crush material containing crystalline silica; or
   2. Carry out any other activity involving material that containing crystalline silica that generates crystalline silica dust;
2. The use of a roadheader on an excavated face if the material in the face contains crystalline silica;
3. A process that exposes a person to crystalline silica dust arising from the manufacture or handling of material that contains crystalline silica;
4. The mechanical screening of crushed material containing crystalline silica;
5. A quarrying process involving material containing crystalline silica;
6. A tunnelling process involving material containing crystalline silica;
7. A process determined by the Authority to be a crystalline silica process.

If employers have established their workers are undertaking a crystalline silica process, then they must identify if the process is high risk crystalline silica work.

High risk crystalline silica work (HRSCW) is defined as work performed in connection with a crystalline silica process that is reasonably likely to result in:

• An airborne concentration of respirable crystalline silica that exceeds half the exposure standard for respirable crystalline silica, or
• A risk to the health of a person at the workplace.

From the 1st of July 2024, an engineered stone process will automatically be considered as high risk crystalline silica work.

An employer or a self-employed person must not perform HRCSW unless:

• A crystalline silica hazard control statement (hazard control statement) is prepared for the work before the work commences, and
• The work is performed in accordance with that hazard control statement.

There is also a specific duty to provide information, instruction and training to employees who are likely to be exposed to risks associated with high risk crystalline silica work. Workers are not allowed to install engineered stone.

WorkSafe have created resources including videos and an infographic to assist employers to identify and manage high risk crystalline silica work.

What about already-installed engineered stone products?

• Engineered stone products that have been installed do not pose an ongoing safety risk. Health and safety risks may arise if silica dust is generated during any modification, repair or removal work.
• Any engineered stone process after 1st July will be classified as high-risk silica work and must comply with high-risk silica work obligations. If using a power tool, the OHS regulations also require specific control measures are used to minimise dust generation.

WorkSafe will continue to provide updates with the latest information on the engineered stone ban and employer obligations related to crystalline silica.

Learn more: www.worksafe.vic.gov.au/silica-construction