Australia to ban engineered stone from July 2024

What has lead to the ban?

Engineered stone has been widely used in Australia since the early 2000s, and there are an estimated 15,000 workers who are exposed to respirable crystalline silica from engineered stone. In recent years, there has been a surge in the number of workers diagnosed with silicosis, especially among young and migrant workers. Some of them have been diagnosed with progressive massive fibrosis, the most severe form of silicosis, which can be fatal within months.

The current laws require employers to ensure that workers are not exposed to respirable crystalline silica above the workplace exposure standard of 0.05 mg/m3, averaged over an eight-hour day. However, this standard has been criticised as being too high and not protective enough, as some workers have developed silicosis even when complying with it.

“There is no such thing as ‘safe’ engineered stone, and no safety measures that can be put in place that would eliminate the risk of this incurable and aggressive lung disease. A total ban is the only sensible option and every day that passes is costing lives," says ACTU Assistant Secretary Liam O’Brien.

Moreover, there are challenges in measuring and controlling the exposure to respirable crystalline silica, as it depends on various factors, such as the type of stone, the equipment used, the ventilation and the personal protective equipment.

Will the ban make a difference?

On 13 December 2023, the Commonwealth, state and territory WHS ministers unanimously agreed to ban the use of engineered stone in Australia, following the recommendation of Safe Work Australia. The ban will take effect on 1 July 2024, and will apply to the manufacture, supply, installation, maintenance, removal and disposal of engineered stone. The ban will also prohibit the importation of engineered stone into Australia, subject to the approval of the World Trade Organization.

It aims to eliminate the risk of silicosis and other silica-related diseases among workers who handle engineered stone, and to protect the health and safety of all Australians. The ban is expected to prevent up to 5,600 cases of silicosis and save up to $3.6 billion in health and social costs over 20 years, according to an independent economic analysis commissioned by Safe Work Australia. This change is also supported by various stakeholders, including workers, unions, industry associations, medical professionals and academics, who have expressed their concerns about the dangers of engineered stone and the need for urgent action.

What are the alternatives and what are the impacts?

The ban does not affect the use of natural stone, such as granite and marble, which contain much lower levels of respirable crystalline silica. There are also other alternative materials, such as porcelain, ceramic, glass, metal and wood, that can be used for benchtops and other purposes. These materials are generally safer, cheaper and more environmentally friendly than engineered stone.

The ban will have some impacts on the engineered stone industry, which employs about 4,000 workers and generates about $400 million in revenue per year. However, these impacts are expected to be manageable and outweighed by the benefits of the ban.

"The cost to industry, while real and relevant, cannot outweigh the significant costs to workers, their families and the broader Australian community that result from exposure to respirable crystalline silica from engineered stone," says Safe Work Australia CEO, Marie Boland.

The ban will also provide a transition period of six months, during which existing stocks of engineered stone can be used or disposed of safely, and affected businesses can adjust to the new requirements. A range of support measures, such as financial assistance, training, education and awareness campaigns, to help workers and businesses transition to safer alternatives, will be implemented.

In the meantime

In the lead up to the ban, for tasks where engineered stone is used:

• employers continue to have a legal duty to protect workers by managing the health and safety risks from silica dust
• workers also continue to have a legal duty to take reasonable care of their own, and others, health and safety at work.

If you are concerned about engineered stone products, know that engineered stone products do not pose a safety risk after installation in your home or workplace as long as they remain undisturbed. Health and safety risks may arise if silica dust is generated during any modification, repair or removal work.

Arrangements for working with legacy products, such as removal, modification, repair work, and disposal, will be managed by jurisdictions based on a national framework developed by Safe Work Australia, due to be provided to ministers by the end of February 2024.

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Sources

Engineered stone ban will save lives by ACTU, 13th December, 2023.

Engineered stone prohibition to make workplaces safer and healthier for all Australians by WorkSafe Australia, 13th December, 2023.

Queensland’s engineered stone campaign culminates in national ban by The Queensland Cabinet and Ministerial Directory, 13th December, 2023.

Engineered stone prohibition to commence 1 July 2024 by SafeWork NSW, 14th December, 2023.

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