Announcement date
28 Feb 2023
Link to announcement
https://www.dewr.gov.au/work-health-and-safety/resources/work-health-and-safety-ministers-meeting-28-february-2023#:~:text=Ministers%20agreed%20that%20joint%20deliberate,already%20impacted%20and%20their%20families.
Problem being addressed
Workers in a broad range of industries including manufacturing, stonemasonry, construction, tunnelling, demolition, mining and quarrying are exposed to respirable crystalline silica (RCS). In 2011, an estimated 6.6 per cent of Australian workers were exposed, and 3.7 per cent of workers were heavily exposed, to RCS. There are also multiple reports of personal exposure above the current workplace exposure standard across industry sectors, where adequate engineering controls are not employed. Stakeholder consultation highlighted that a lack of awareness of the risks associated with RCS and a lack of clarity on how to comply with the model WHS laws contributes to the number of cases of silicosis and silica-related diseases.
Proposal
The DRIS considers the following options to address the outlined problem:
- national awareness and behaviour change initiatives
- national licensing framework for persons conducting a business or undertaking (PCBU) working with engineered stone
- regulation of high risk crystalline silica processes for all materials, including engineered stone
- regulation of high risk crystalline silica processes for all materials other than engineered stone
- a prohibition on engineered stone
The DRIS recommends national awareness and behaviour changes activities, and regulation of high-risk crystalline silica processes for all materials (including engineered stone). The DRIS recommends further analysis and consultation with industry is required to understand the impacts of a prohibition on engineered stone.
On 28 Feb 2023 Work Health and Safety Ministers agreed to the following actions:
- Delivery of national awareness and behaviour change initiatives, in partnership with employers and unions.
- Stronger regulation of high-risk crystalline silica processes for all materials (including engineered stone) across all industries. This includes additional training requirements; a requirement to conduct air monitoring and report workplace exposure standard exceedances to the relevant regulator; and scoping new and updated model Codes of Practice for at-risk industries. In developing the regulations, Safe Work Australia is requested to further consider definitions to minimise any unintended consequences.
- Further analysis and consultation on a prohibition of the use of engineered stone under the model WHS laws, including consideration of silica content levels and other risk factors and including consideration of a national licensing system for products that are not subject to a ban or legacy products. Safe Work Australia is requested to finalise a report as quickly as possible and within 6 months at the latest.
Assessed Impact Analysis outcome
Compliant Decision RIS
The Consultation RIS can also be found below. Submissions to the CRIS were accepted on Safe Work Australia's website and closed on 15 August 2022.