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These are your obligations under the silica worker register requirements in the Work Health and Safety Regulation 2025 (WHS Regulation).
The silica worker register (the Register) is an online portal managed by SafeWork NSW. Its purpose is to increase the health screening of workers that undertake the processing of CSS that is high risk.
The information on the Register may be used to:
It may be shared between SafeWork NSW and the Workers Compensation (Dust Diseases) Authority to monitor compliance with health monitoring requirements.
For all processing of CSS, the WHS Regulation requires a PCBU to determine whether the processing is high risk and the matters to be considered in carrying out that assessment. If the PCBU is unable to determine if the processing of a CSS is high risk, it must be treated as high risk.
Next steps - working with silica provides detailed information about what is a CSS, what does the processing of a CSS mean, when is the processing of CSS considered high risk and what safety measures should be in place.
The HIA silica risk assessment template should be used when carrying out work with materials that contain 1% or more crystalline silica, such as bricks, tiles, pavers, stone, cement and more. The form is intended to assist a PCBU in carrying out a risk assessment to determine if the processing of the material containing crystalline silica is high risk and includes the key considerations that must be made by the PCBU to meet the requirements of the safety laws.
You must notify SafeWork NSW as soon as reasonably practicable and no later than 28 days after a worker starts the processing of CSS that is high risk.
You must provide the following information:
If a worker has already been registered for your business, you do not need to provide their details again for every new task. This exemption applies if:
Failure to provide the required information is an on-the-spot penalty notice offence under the WHS Regulation. The penalty notice amount is $900 for an individual and $4,500 for a body corporate.
If prosecuted for the offence, this can attract a penalty of up to 243 penalty units (equivalent to $26,730) for an individual and 1214 penalty units (equivalent to $133,540) for a body corporate.
Giving false or misleading information when submitting the required information is also an offence under the WHS Act that attracts a penalty.
HIA has dedicated information about working with silica to navigate the legal requirements and help you meet your obligations, including a working with silica on construction site SWMS template.
If you have workers that work with silica, HIA also has a silica awareness course that meets the training requirements under the WHS laws in NSW.
Find out more about using HIA SafeScan on your worksite for fast and efficient compliance.
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