Announcement date
13 December 2023
Link to announcement
https://www.dewr.gov.au/work-health-and-safety/resources/work-health-and-safety-and-workplace-relations-ministers-meeting-13-december-2023
Problem being addressed
Silicosis is a serious, irreversible lung disease that causes permanent disability and can be fatal. Between 2010-11 and 2021-22, there were 551 accepted workers’ compensation claims for silicosis in jurisdictions covered by the model WHS laws. A disproportionate number of silicosis cases are in engineered stone workers, and silicosis in these workers is associated with a shorter duration of exposure, faster disease progression and higher mortality compared to workers exposed to silica from natural sources.
On 28 February 2023, Work Health and Safety (WHS) ministers considered the recommendations of the previous Decision Regulation Impact Statement: Managing the risks of respirable crystalline silica at work and agreed to the three recommendations put forward. In line with one of these recommendations, WHS ministers requested Safe Work Australia undertake further analysis and consultation on the impacts of a prohibition on the use of engineered stone under the model WHS laws. In response, this Decision Regulation Impact Statement: Prohibition on the use of engineered stone (Prohibition Decision RIS) was prepared by Safe Work Australia. It was provided it to Commonwealth, state and territory WHS ministers in August 2023 for their consideration.
Proposal
The Prohibition Decision RIS considers the following options:
- Prohibition on the use of all engineered stone
- Prohibition on the use of engineered stone containing 40% or more crystalline silica
- As for option 2, with an accompanying licencing scheme for PCBUs working with engineered stone containing less than 40% crystalline silica.
All three options allow for exemptions for certain work, including removal, repair and minor modifications of engineered stone already installed, provided the PCBU is licensed.
The Prohibition Decision RIS recommends WHS ministers prohibit the use of all engineered stone (Option 1).
Further information about the Prohibition Decision RIS can be found on Safe Work Australia’s website.
Assessed Impact Analysis outcome
Compliant Decision RIS