Interpreting data sheets to identify engineered stone

Engineered stone ban

What does this mean in Victoria?

From 1 July 2024, the manufacture, supply, processing or installation of engineered stone benchtops, panels or slabs is banned in Victoria.

Repairs, modifications, removal and disposal of engineered stone benchtops, panels or slabs (legacy stone) installed prior to 1 July 2024 is permitted. Disposal of engineered stone, whether it is installed or not, is also permitted.

Specific risk controls are required when permitted engineered stone work involves an engineered stone process. An engineered stone process is also considered high risk crystalline silica work and you must comply with the high risk crystalline silica work obligations.

You do not need a licence to work with legacy stone.

What is engineered stone?

From 1 July 2024, engineered stone is defined as an artificial product that:

• contains one per cent or more crystalline silica, determined as a weight/weight (w/w) concentration; and
• is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and
• becomes hardened

Engineered stone does not include the following:

• concrete and cement products
• bricks, pavers and other similar blocks
• ceramic wall and floor tiles
• sintered stone products that do not contain resin
• porcelain products that do not contain resin
• roof tiles
• grout, mortar or render
• plasterboard

Even if a product is branded 'low silica', you still need to check if it meets the definition of engineered stone. Any attempt to rebrand engineered stone as another product will be subject to strong compliance and enforcement action.

If you are concerned that a product you have been supplied with is engineered stone and has been rebranded, you can report the matter to WorkSafe Advisory on 1800 136 089.

How do I know if a product is engineered stone?

It is important to know if a product meets the definition of engineered stone. This is so you comply with your obligations under the Occupational Health and Safety Act 2004 (the Act) and the Occupational Health and Safety Regulations 2017 (the Regulations).

One way to identify if a product is engineered stone is to look at the product information provided by the manufacturer or supplier.

Manufacturers and suppliers have a duty to provide information about crystalline silica products

Manufacturers and suppliers, including importing suppliers, of crystalline silica substances to a workplace must provide information about that crystalline silica substance.

This includes:

• The proportion of crystalline silica contained in the substance, expressed as a percentage.
• The name, address, and telephone number of the manufacturer or importing supplier in Australia.
• Exposure controls, exposure standards, engineering controls, and personal protection information.
• Information on handling and storage, including safe usage guidelines.

They must give information about the crystalline silica substance in writing to:

• any person to whom it is supplied, on or before the first occasion that the substance is supplied to that person, and
• on request, to an employer who intends to use the substance at a workplace

Manufacturers and suppliers should also consider any advice provided by Australian Border Force on the requirements for importing goods to Australia.

A Federal ban on the importation of engineered stone benchtops, slabs and panels, in effect 1 January 2025, will provide another layer of enforcement and deterrence at borders.

Product information

Manufacturers and suppliers provide product information in a variety of formats.

These include:

• safety data sheet (SDS)
• product data sheet
• technical data sheet

Data sheets provide health and safety information about products, substances or chemicals.

Manufacturers and suppliers must provide SDSs with a hazardous substance, and correctly label them. For more information about hazardous substances and SDSs, see the Hazardous substances compliance code.

You can find the information about a product by reviewing the data sheets. You can also contact the manufacturer or supplier to provide more information about a product's ingredients.

Interpreting a product's data sheet

To determine if a product is engineered stone, you should look at the data sheet to check if it has a combination of crystalline silica and other chemical substances (constituents) such as resins.

Crystalline silica may be listed as:

• Quartz
• Cristobalite
• Tridymite
• Tripoli

If a product's data sheet has references to crystalline silica, in particular quartz and chemical substances such as resins, it is likely that the product meets the definition of engineered stone.

Resins are often used as binding agents in engineered stone products and can be referred to as:

• polyester resin
• unsaturated polyester (polyester styrene)
• polyethylene terephthalate
• epoxy resin
• acrylate resin
• maleic anhydride and phthalic anhydride-based resins
• polyurethane

If you are not sure if an ingredient on a product's data sheet is a chemical substance, such as a resin, contact the manufacturer or supplier for more information.

Product testing

Another way to identify if a product is engineered stone is to have the product tested. If you want to check if your product contains crystalline silica or other substances or additives, such as resins, you can get it analysed. You should use an accredited National Association of Testing Authorities (NATA) or an equivalent laboratory that is signed up to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA) to analyse your product.

You do not need to provide your product testing reports to WorkSafe Victoria to approve.

It is your responsibility to comply with your health and safety obligations. If you are unsure, consider getting independent legal advice.

Determining if installed product is engineered stone

If you are unable to determine if already installed stone is engineered stone, then you should treat the stone as if it is engineered stone until determined otherwise. This means you can only do permitted engineered stone work and must treat the work as high risk crystalline silica work. You must use specific risk controls for an engineered stone process detailed in WorkSafe’s guidance: Working with engineered stone.