What Australia's engineered stone ban means for construction businesses

Australia's construction industry, a key economic driver that employs over a million people and contributes significantly to the country's GDP, has recently undergone a major regulatory change. As of 1 July 2024, the nation has enforced a ban on the use, supply, manufacture, and installation of engineered stone products. This move aims to protect workers from the severe health risks posed by respirable crystalline silica (RCS).

Why the ban?

The ban was implemented to protect workers from the significant health hazards associated with engineered stone. Cutting, grinding, and polishing these materials release fine silica dust, which, when inhaled, can cause silicosis, an irreversible and often fatal lung disease.

The prohibition includes all engineered stone products used in benchtops, panels, and slabs. However, it does not extend to materials like concrete, bricks, ceramic tiles, and plasterboard.

Penalties for non-compliance  

Businesses found violating the ban face significant penalties. These penalties can include fines of up to $8,000 for individuals or managers and $42,000 for businesses. Additionally, ongoing violations can result in further legal action and potentially higher fines. Safe Work inspectors will be conducting regular compliance checks to ensure adherence to the ban.

Transitional arrangements 

Different states have slightly varied transition policies:

• Queensland: All work with engineered stone must stop as of 1 July 2024. No transitional period is allowed, and businesses must cease any related activities immediately.
• South Australia and Western Australia: Existing contracts signed before 31 December 2023 can be fulfilled until 31 December 2024. (SafeWork SA).

Working with legacy engineered stone  

Legacy engineered stone includes any engineered stone installed before 1 July 2024, and also engineered stone stocks not yet installed. Businesses must notify authorities before starting any work involving legacy engineered stone. They need to submit a notification form initially, then every 12 months, or whenever there's a change in the information previously provided.  

What you need to do  

1. Stop new contracts: Avoid entering new contracts involving engineered stone to comply with the ban.
2. Complete existing work: If you have existing contracts, prioritise their completion within the allowed transition periods.
3. Apply safety measures: For any necessary work on legacy products, use stringent safety controls such as water suppression systems, dust extraction, and appropriate respiratory protective equipment.
4. Submit notifications: For work involving legacy engineered stone, ensure that the required notifications are submitted annually before starting any processing and whenever there is a change in the information.

Dealing with challenges  

Health risks: Understand that the primary reason for the ban is the health and safety of workers. Ensure that anyone handling engineered stone is aware of and adheres to safety protocols.

Contract issues: If you face disputes regarding contracts and the ban, seek mediation or legal advice. Authorised agencies in various states can assist with these disputes:

• Workplace Health and Safety Queensland
• Office of the Small Business Commissioner - New South Wales
• Victorian Small Business Commission
• Office of the Small Business Commissioner - South Australia
• Small Business Development Corporation - Western Australia

Disposal: Properly dispose of any engineered stone products through your state's licensed waste facilities. You can contact your state's environmental or waste management agency for a list of licensed facilities. Note that disposal might incur fees, but some areas offer waivers to offset costs.

The ban on engineered stone is a critical step to ensuring the health and safety of construction industry workers. Various agencies and forums offer support and advice for businesses navigating this change. For example, Master Builders Australia provides platforms for peer support and industry updates. Engaging with these resources can help businesses stay compliant and protect their workers effectively.

By understanding the scope of the ban and taking the necessary steps, businesses can contribute to a safer working environment while adhering to new regulatory standards.

Note: This article aims to give business owners a basic understanding of the engineered stone ban. It should not be taken as legal advice. For specific guidance, visit the Safe Work Australia website or consult with a professional advisor.

For more insights on maintaining safe and healthy workplaces, check out our blog on Safe and healthy workplaces: How to handle discrimination and misconduct.