Duties of manufacturers and suppliers of crystalline silica substances

What is crystalline silica

Crystalline silica is a natural mineral. It’s found in natural and man-made materials such as engineered stone, granite and sandstone. Crystalline silica includes substances such as quartz, cristobalite, tridymite and tripoli. It’s also in building materials such as concrete, bricks, tiles and mortar.

How much crystalline silica is present depends on the material. Engineered stone, also known as reconstituted, artificial or manufactured stone, can have very high crystalline silica content, often up to 95%.

Common materials and their typical crystalline silica content include:

• sandstone, 70% to 90%
• granite, 25% to 60%
• ceramic tiles, 5% to 45%
• autoclaved aerated concrete, 20% to 40%
• slate, 20% to 40%
• concrete, less than 30%
• porcelain, 14% to 18%
• brick, 5% to 15%
• marble, less than 5%
• engineered stone, 1% or more crystalline silica, determined as a weight/weight (w/w) concentration

Crystalline silica dust is generated when these substances are mechanically processed, for example, through cutting or grinding. These dust particles are small enough to be breathed deep into the lungs.

Exposure to crystalline silica dust over a long period of time at low to moderate levels, or short periods at high levels, can lead to serious health conditions such as silicosis. Silicosis is an irreversible, incurable and progressive lung disease that can lead to disability and death.
 

Crystalline silica substances

The Occupational Health and Safety Regulations 2017 (OHS Regulations) define crystalline silica substance as any substance that:

• contains more than 1% crystalline silica, and
• is reasonably likely to be mechanically processed at a workplace, and
• is not in a respirable form

Engineered stone

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

• contains 1% or more crystalline silica, determined as a 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 and porcelain products that do not contain resin.
• Roof tiles.
• Grout, mortar and render.
• Plasterboard.

Engineered stone ban

From 1 July 2024, the manufacture, supply, processing or installation of engineered stone benchtops, panels or slabs is banned in Victoria. The engineered stone ban applies to engineered stone benchtops, panels and slabs. Engineered stone products not in these forms are not banned. There are limited exceptions to the ban where work can be performed on engineered stone benchtops, panels and slabs. This includes:

• removal, repair or modification of installed engineered stone benchtop and panels
• disposal of installed or uninstalled engineered stone benchtops, panels and slabs
• research and analysis, and 
• to sample and identify engineered stone

Specific 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.

For more information, see the guidance Working with engineered stone and Frequently asked questions - Engineered stone ban.

Manufacturer and supplier duties

Note: Part 4.5 (Crystalline silica) of the OHS Regulations applies in addition to Part 4.1 (Hazardous Substances). Division 2 of Part 4.1 of the OHS Regulations places duties on manufacturers and suppliers.

The duties of a manufacturer only apply to the manufacture of a crystalline silica substance at a workplace for sale or exchange to another workplace.

Providing information about crystalline silica substances

Manufacturers and suppliers of crystalline silica substances have a duty to provide information about crystalline silica substances.

A manufacturer or a supplier, including an importing supplier of a crystalline silica substance, 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 proposes to use the substance at a workplace

The information must include the following:

• The proportion of crystalline silica contained in the substance, expressed as a percentage.
• The name, address and telephone number of the manufacturer or the importing supplier of the crystalline silica substance in Australia.
• Exposure controls, exposure standards, engineering controls and personal protection information in relation to the crystalline silica substance.
• Information relating to the handling and storage of the crystalline silica substance, including how the substance may be safely used.

A safety data sheet (SDS) that includes all of the information outlined above is sufficient. For more information about SDS, see the Hazardous substances compliance code.

Review and revise information provided

A manufacturer or supplier of a crystalline silica substance must also review and, if necessary, revise the information for that substance as often as is necessary to ensure the information is current and accurate, and at least every 5 years.

If a manufacturer or supplier of a crystalline silica substance revises information, they must give the revised information to any person to whom the substance is supplied, on or before the first occasion that the substance is supplied to that person after the revision.

Suppliers of engineered stone

From 1 July 2024 the manufacturing, supplying, processing or installing of engineered stone benchtops, panels or slabs is banned in Victoria.

There is an exception to supply engineered stone benchtops, panels or slabs when it is supplied for the following purposes:

• research or analysis
• sample or identify engineered stone
• dispose of engineered stone