When did it become acceptable government policy to simply ‘ban’ a product? To take away the right to choose the type of product that could be used in a home? 

Last December, Australia became the first country in the world to announce a ban on the manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs with 1% or greater crystalline silica by weight. The ban was based on a Safe Work Australia (SWA) recommendation in response to a rise in silicosis diagnoses, a deadly lung disease, in stone workers.

The ban, which had unanimous support from federal, state and territory ministers, commenced on 1 July 2024. Some jurisdictions have adopted a brief transition period to allow commitments made under pre-December 2023 contracts to be fulfilled. However, from the end of the year, an entire product category will no longer be available in the country.

We know the kitchen benchtop, often an engineered stone selection, is the centrepiece of a home. Now the residential building industry must be the bearer of bad news (once again) to tell their customers they need to make a different choice.

But that’s not the end of the story; from September 2024, stronger regulations now apply to all materials containing silica dust. These will include the requirement that all processing of silica-containing substances be controlled using water, dust extraction or ventilation where practical. Everyone who works with silica-containing products in a way deemed high-risk will need to be trained and have regular health checks. 

This duo of reforms represents a game changer for the residential building industry.

Why ban engineered stone?

Crystalline silica is the crystalline form of silicon dioxide, a naturally occurring mineral found in most soils and rocks, including granite and sandstone. It’s a component of artificial products such as concrete, mortar, ceramic tiles and engineered stone. Some types of engineered stone can contain up to 97% crystalline silica. Processing engineered stone by cutting, grinding and polishing with a power tool can create substantial volumes of dust. When processed, products containing crystalline silica generate dust that include airborne particles that can be inhaled deep into the lungs.

This is known as respirable crystalline silica (RCS). Exposure to RCS can lead to serious respiratory diseases such as silicosis, progressive massive fibrosis, chronic obstructive pulmonary disease, chronic bronchitis and lung cancer. RCS also increases the risk of developing chronic kidney disease, autoimmune disorders and other adverse health effects.

While silicosis is not a new occupational lung disease, in 2019, the Australian government set up a taskforce to deal with what was being reported as a growing issue of silica dust exposure. This set into motion a chain of events that resulted in SWA in October 2023 recommending a ban on engineered stone.

Is any work with engineered stone permitted?

Yes, as we all know, the popularity of engineered stone means it’s already installed in many homes.

Work is still permitted to remove, repair, make minor modifications or dispose of installed engineered stone, subject to notification to the WHS regulator and adherence to safety requirements.

‘Minor modification’ is not defined but involves a change or alteration to the product that is limited in scope and where the relevant features and purpose of the product remain. For example, drilling a larger diameter hole in a kitchen benchtop to allow the installation of a new mixer tap would be a minor modification.

There’s also an exclusion for ‘finished’ engineered stone products that are not benchtops, panels or slabs, including jewellery, garden ornaments, sculptures and kitchen sinks. The prohibition does not apply to these types of finished products because they are not intended to be further processed to be used or installed.

The game changer – regulations that will apply to other products containing crystalline silica

There’s a significant number of building products that contain crystalline silica, including:

• natural stone products such as marble or granite benchtops
• sintered stone
• porcelain products
• asphalt
• cement, mortar and grout
• concrete, concrete blocks and fibre cement products
• bricks
• pavers and tiles, including roof tiles.

While there have always been obligations to manage the risk of exposure to dust on- and offsite when working with these products, new regulations released by SWA (model regulations) represent a game changer for the industry and should not be underestimated.

The industry’s focus on the implementation and consequences of the ban on engineered stone has meant that these broader silica reforms have not received much attention. However, the model laws have now been adopted in NSW, Queensland, Tasmania, SA, NT and WA. These new requirements were applied on 1 September. Victoria and the ACT already have specific regulations regarding working with silica.

Key aspects of the model regulations include:

• A requirement to control (by specified means, e.g. isolation, wet dust suppression, on-tool extraction) the processing of a crystalline silica substance (CSS). This means a ban on uncontrolled dry processing, i.e. cutting, drilling, grinding, etc., for any CSS. A CSS is a material that contains at least 1% crystalline silica by weight.
• The processing of a CSS is defined broadly and (relevantly) includes the use of a power tool or mechanical plant to carry out an activity involving the crushing, cutting, grinding, trimming, sanding, abrasive polishing or drilling of a CSS.
• A Person Conducting a Business or Undertaking (PCBU) must carry out a risk assessment of the processing of CSS to determine if the processing is high risk. 
• If it’s high risk, then the PCBU must:
  • prepare a silica risk control plan (a Safe Work Method Statement can be used)
  • train workers about the risk of crystalline silica
  • undertake air monitoring
  • provide health monitoring.

For residential construction sites, this represents a significant change for general day-to-day tasks such as cutting floor and wall tiles, cutting or grinding concrete, cutting or trimming bricks or roof tiles, cutting or drilling AAC or drilling into fibre cement sheeting for light fittings.

What’s next?

The industry is already adapting to a range of alternative products on the market, but challenges remain; what if you made a commitment to using engineered stone? How can you manage time delays if you need to use an alternative product and stock levels are low?

You’ll need to discuss this with your client and:

• suggest alternative products that might be suitable
• advise any potential delays caused by the ban that require the use of an alternative product
• advise of any cost implications that might result from being required to use an alternative product.

There has also been talk of plans to impose a ban on importing engineered stone. While $32.1 million over two years was allocated to the Australian Border Force in the past federal budget to enforce a legislated import ban on engineered stone products entering Australia, no further details have been released.

HIA will inform members as more details regarding these requirements come to light.

Import ban

The federal government has recently announced it will be implementing an additional safeguard via an import ban. That will make it illegal to bring engineered stone – subject to the supply, use and manufacture ban – into the country. The import ban will take effect 1 January 2025.

First published 30 September 2024