The engineered stone ban that took effect on July 1, 2024, was a significant step in protecting workers from the hazards of respirable crystalline silica (RCS). However, on September 1st 2024 new regulations took effect in most Australian jurisdictions that go further, extending regulations to apply now to all materials containing at least 1% crystalline silica, including natural stones, bricks, pavers, concrete, and tiles.
The broadening of the definition means that any business involved in the processing of these materials, must now adhere to stricter safety protocols to protect their workers. It’s critical that small to medium-sized Australian businesses across all industries understand the key changes, their obligations, and the steps they need to take to ensure compliance.
Key Changes in the Regulations
The new amendments from the 1st of September provide stronger regulation of work with all materials containing at least 1% crystalline silica, and require:
controlled processing of all crystalline silica substances (CSSs)
assessing the risk of work involving processing of a crystalline silica substance, and
additional duties for any processing of engineered stone that is assessed as high risk, including preparing a silica risk control plan.
In a recent discussions about the scope of the new regulations, SafeWork NSW highlighted that these regulations now effectively encompass a wider range of work activities, including but not limited to:
Utilising power tools or mechanical equipment for crushing, cutting, grinding, trimming, sanding, abrasive polishing, or drilling of a CSS.
Employing roadheaders to excavate materials that contain CSS.
Quarrying materials that are classified as CSS.
Conducting mechanical screening of materials that are CSS.
Tunneling through materials containing CSS.
Engaging in any process that exposes, or is likely to expose, individuals to respirable crystalline silica during the manufacturing or handling of a CSS.
The regulations are designed to ensure that all relevant activities are conducted safely to protect workers from the risks associated with respirable crystalline silica exposure.
Key Obligations for Businesses
With the new regulations in effect, it is essential businesses take proactive steps to ensure they comply. Here are some key implementation steps that businesses should consider following:
1. Conduct a Comprehensive Risk Assessment
Identify CSSs: Review all materials used in your operations to identify those containing at least 1% crystalline silica. This includes natural stones, engineered stone, concrete, bricks, and tiles.
Assess Work Processes: Evaluate all processes involving CSSs, such as cutting, grinding, drilling, or any activity that may generate respirable crystalline silica (RCS). Determine if these processes are classified as high-risk.
2. Develop a Silica Risk Control Plan
Create a Risk Control Plan: For high-risk processes, develop a silica risk control plan that outlines the specific risks associated with RCS and the control measures that will be implemented to mitigate these risks.
Include Training and Monitoring: Ensure the plan incorporates training requirements for workers and outlines procedures for air and health monitoring.
3. Implement Control Measures
Apply the Hierarchy of Controls: Utilise the hierarchy of controls to manage risks effectively. This includes:
Elimination: Where possible, eliminate the use of materials that contain crystalline silica.
Substitution: Replace hazardous materials with safer alternatives.
Engineering Controls: Install ventilation systems, water suppression methods, or other engineering solutions to minimise dust generation.
Administrative Controls: Implement safe work procedures and schedules to reduce exposure time.
Personal Protective Equipment (PPE): Provide appropriate PPE, including respiratory protective equipment that complies with AS/NZS standards.
4. Provide Training and Information
Educate Workers: Conduct training sessions to inform workers about the risks associated with RCS, safe work practices, and the proper use of PPE.
Ensure Understanding: Make sure that workers understand their roles in minimising exposure and the importance of following safety protocols.
5. Monitor and Review
Conduct Regular Monitoring: Implement air monitoring to measure RCS levels in the workplace and ensure they are within acceptable limits. Health monitoring should also be conducted for workers who may be exposed to RCS.
Review Control Measures: Regularly review and update your silica risk control plan and safety procedures to ensure they remain effective and compliant with the latest regulations.
6. Engage with Regulators and Utilise Resources
Consult with WHS Regulators: Stay informed about specific requirements and guidelines from your state or territory WHS regulator. They can provide valuable assistance and resources tailored specifically to your jurisdiction.
Access Safe Work Australia Resources: Utilise guidance documents and templates provided by Safe Work Australia to help you understand your obligations and implement effective safety measures. Resources can be found on their website, including the "Working with Crystalline Silica Substances" guidance document.
7. Foster a Safety Culture
Encourage Open Communication: Promote a workplace culture where safety is prioritised, and workers feel comfortable reporting hazards or suggesting improvements.
Involve Workers in Safety Planning: Engage workers in the development and implementation of safety measures, ensuring their input is valued and considered.
For further information and specific guidance, you should refer to resources provided by Safe Work Australia and your respective state and territory WHS regulators.
Additional Resources
It’s important to consult your specific regulator for detailed information on how the new regulations will be implemented in your jurisdiction. Here are links to the WHS regulators for each state and territory:
New South Wales: SafeWork NSW
Victoria: WorkSafe Victoria
Queensland: WorkSafe Queensland
South Australia: SafeWork SA
Western Australia: WorkSafe WA
Tasmania: WorkSafe Tasmania
Northern Territory: NT WorkSafe
Commonwealth: Safe Work Australia
In addition, Safe Work Australia has a range of detailed resources related to crystalline silica and the new regulations:
Working with Crystalline Silica Substances: Guidance for PCBUs: This comprehensive guide outlines the obligations of PCBUs concerning the processing of CSSs and provides practical information on managing risks associated with respirable crystalline silica (RCS). You can access the guide here.
Be Silica Smart: This initiative offers resources and information specifically focused on managing risks related to silica exposure. Visit the Be Silica Smart website for more details here.
Disclaimer:
The information provided in this article is intended for general guidance only and should not be considered as specific legal or professional advice. While we strive to ensure that the content is accurate and up-to-date, businesses are encouraged to review the relevant resources and guidance materials provided by their state-based WHS regulators to fully understand their obligations under the new silica regulations effective from 1st September 2024.For tailored advice that pertains specifically to your business circumstances, we recommend engaging a qualified WHS consultant. This will ensure that you receive expert guidance tailored to your unique operational needs and compliance requirements.
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