Next steps - working with silica

With the ban on engineered stone in force across the country (in some jurisdictions, this is subject to transitional arrangements for contracts entered into before the end of last year) members need to now turn their attention to new rules that will apply to ALL products that contain 1% or more respirable crystalline silica later this year.

The regulation of all products containing crystalline silica has been discussed for some time, but we know that the focus of industry has been on the implementation and consequences of the ban on engineered stone. As such, these broader silica reforms have not received an appropriate level of industry consultation and awareness.

In June, Model Work Health Safety (WHS) Regulations were released that provide stronger regulation in relation to the processing of all materials containing crystalline silica across all industries, particularly in relation to processing that is assessed as high risk.

HIA is providing this information to members to make you aware of the Model WHS Regulations that may be adopted in your state or territory.

The new laws will seriously impact residential building sites and result in significant changes for general day-to-day tasks such as cutting floor and wall tiles, cutting or gridding concrete, cutting or trimming bricks or roof tiles, cutting or drilling autoclaved aerated concrete or drilling into fibre cement sheeting for light fittings.

At the time of writing, no guidance material on the operation of the Model WHS Regulations was available. As such, the below is subject to change and any changes made by individual jurisdictions.

However, members should be aware that there is a range of guidance material that currently applies to working with silica: 

• Safe Work Australia
• SafeWork NSW  
• WorkSafe Qld
• WorkSafe Victoria
• WorkSafe ACT
• WorkSafe Tasmania
• SafeWork SA
• WorkSafe WA

The below does not apply in Victoria. Victorian members are to refer to our recent member alert that outlines the requirements under the Victorian Occupational Health and Safety laws. 

References to “silica” refer to respirable crystalline silica except where otherwise stated.

Key Facts

• In essence the Model WHS Regulations (Regulations) impose a ban on the uncontrolled processing of a crystalline silica substance (CSS) such as cutting, drilling, grinding, etc. for any material that contains at least 1% silica by weight.
• The Regulations also impose requirements to assess if a CSS is high risk. If it is high risk, there are additional requirements for a written silica risk control plan, training, air monitoring and health monitoring.     
• The Regulations will not be enforceable until they have been adopted by each state and territory into their own safety laws. To date, no jurisdiction has adopted the Regulations. 
• The Regulations provide a commencement date of 1 September 2024, however the provisions will not commence until adopted in each jurisdiction. We are still awaiting further advice from states and territories to confirm a commencement date. 

Key Aspects of the Regulations

The Regulations introduce a requirement to control the processing of a CSS by specified means, for example:  isolation, wet dust suppression, on-tool extraction.

The processing of a CSS is defined broadly and 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; or 
• the use of roadheaders to excavate material that is a CSS; or 
• the quarrying of a material that is a CSS; or 
• mechanical screening involving a material that is a CSS; or 
• tunnelling through a material that is a CSS; or 
• a process that exposes, or is reasonably likely to expose, a person to respirable crystalline silica during the manufacture or handling of a CSS.

In addition to controlling the processing of a CSS, a Person Conducting a Business or Undertaking (PCBU) must also carry out a risk assessment of the processing of CSS to determine if the processing is high risk and keep a record of the assessment.

If it is high risk, then the PCBU must:

• Prepare a silica risk control plan (a Safe Work Method Statement can be used). 
• Train workers about the risks of silica and keep training records. 
• Undertake air monitoring. If air monitoring provides a result that indicates that the airborne concentration of silica exceeds the workplace exposure standard, as soon as reasonably practicable, but no more than 14 days from the date of the result, provide that result to the regulator. 
  • The Workplace Exposure Standards (WES) represents the airborne concentration of a substance or mixture to which workers must not be exposed. The eight-hour time weighted average workplace exposure standard (WES) for silica is 0.05 mg/m3. 
  • This means that if your workers are exposed to levels of silica greater than 0.05 mg/m3 over an eight-hour working day, this must be reported to the regulator. 
• Provide health monitoring which must be carried out by a medical practitioner. 

FAQs

What products do the laws apply to?

The Regulations apply to all products containing 1% or more silica including:

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

Note: The ban on manufacturing, supplying, processing or installing engineered stone benchtops, panels or slabs applies to an artificial product that:

• contains 1% or more silica by weight, 
• is created by combining natural stone materials with other chemical constituents such as water, resins or pigments, and 
• becomes hardened. 

What is a Crystalline Silica Substance (CSS)?

A CSS is any material that contains at least 1% silica by weight. 

What does the processing of a CSS mean?

Processing of a CSS means:

• 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; or 
• the use of roadheaders to excavate material that is a CSS; or 
• the quarrying of a material that is a CSS; or 
• mechanical screening involving a material that is a CSS; or 
• tunnelling through a material that is a CSS; or 
• a process that exposes, or is reasonably likely to expose, a person to respirable crystalline silica during the manufacture or handling of a CSS. 

What safety measures do I need to have in place to work with a CSS?

To control the risks associated with working with a CSS you must implement control measures to eliminate or minimise risks arising from the processing of the CSS so far as is reasonably practicable and use at least one of the following during the processing:

• the isolation of a person from dust exposure,  
• a fully enclosed operator cabin fitted with a high efficiency air filtration system,  
• an effective wet dust suppression method,  
• an effective on-tool extraction system, and 
• an effective local exhaust ventilation system.

If, despite using at least one of the above controls, a person is still at risk of being exposed to silica the person must be provided with respiratory protective equipment (RPE) and the PCBU must ensure that the person wears the RPE while the work is carried out.

If it is not reasonably practicable to implement these controls, you may use RPE.

RPE means personal protective equipment that is designed to prevent a person wearing the equipment from inhaling airborne contaminants and complies with:

• AS/NZS 1716:2012 (Respiratory protective devices); and  
• AS/NZS 1715:2009 (Selection, use and maintenance of respiratory protective equipment). 

When is the processing of CSS high risk?

To determine if the processing of a CSS is high risk you must consider:

• the specific processing that will be undertaken,  
• the form or forms of silica present in the CSS,  
• the proportion of silica contained in the CSS, determined as a weight/weight (w/w) concentration,  
• the hazards associated with the work, including the likely frequency and duration that a person will be exposed to silica,  
• whether the airborne concentration of silica that is present at the workplace is reasonably likely to exceed half the workplace exposure standard,  
• any relevant air and health monitoring results previously undertaken at the workplace,  
• any previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace.

If you are unable to determine if the processing of a CSS is high risk, it is taken to be high risk until determined otherwise.

When do I need to prepare a silica risk control plan?

A silica risk control plan is required for the processing of a CSS that is high risk. 

What needs to be covered in a silica risk control plan?

A silica risk control plan must:

• identify all the processing of a CSS carried out at the workplace that is high risk,  
• include the risk assessment of all processing of a CSS that is high risk,  
• document what control measures will be used to control the risks associated with the processing that is high risk and how those measures will be implemented, monitored and reviewed, and  
• be set out and expressed in a way that is readily accessible and understandable to persons who use it.

If the processing of a high risk CSS is also high risk construction work, a Safe Work Method Statement that addresses the requirements of a silica risk control plan can be used.  

What training do I need to do to carry out work with a high risk CSS?

The Regulations provide that workers processing a high risk CSS must receive crystalline silica training.

Crystalline silica training means training that is accredited, or training approved by the regulator in relation to:

• the health risks associated with exposure to silica, and
• the need for, and proper use or, any risk control measures required by the regulations.

HIA will advise members when we have further information regarding the training required to meet these requirements. 

What is air monitoring?

Air monitoring is the process of measuring the level of hazardous contaminants in the air and can help in assessing the risk to your workers because it can show:

• how much your workers are being exposed, 
• which processes or products are the source of the exposure, and 
• if your current control measures are working.

Generally, air monitoring should be carried out by a competent person, for example a certified Occupational Hygienist.

More information is available from Safe Work Australia (SWA). 

What is health monitoring?

Health monitoring is the monitoring of a worker to identify changes in their health status because of exposure to certain substances. It involves a health monitoring doctor examining and monitoring the health of your workers to see if the exposure to hazardous chemicals at work is affecting their health.

Health monitoring must be carried out or supervised by an appropriate health monitoring doctor.

The SWA Guide to Health Monitoring provides further details.

When do the new laws commence?

The Model WHS Regulations provide a commencement date of 1 September 2024, however the provisions will not commence until adopted in each jurisdiction.

We are still awaiting further advice from states and territories to confirm a commencement date.

To find out more, contact HIA's Contracts and Compliance team

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