Frequently asked questions - Engineered stone ban

• The Victorian Government will ban manufacturing, supply, processing and installation of engineered stone benchtops, panels and slabs from 1 July 2024 to protect workers from the devastating lung disease silicosis.
• This builds on the leading role Victoria has played over the past four years through our silica action plan.

• From 1 July 2024, work involving manufacturing, supply, processing or installation of engineered stone benchtops, panels or slabs will be banned.
• Any attempt by companies to rebrand engineered stone as another product to intentionally avoid the ban will be subject to strong compliance and enforcement action.

• From 1 July 2024, engineered stone is proposed to be defined as an artificial product that:
  • contains 1 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 will not include the following:

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

• The ban applies to working with engineered stone benchtops, slabs or panels. That means that work with engineered stone products that aren't benchtops, slabs or panels (such as jewellery, garden ornaments, sculptures, kitchen sinks) will still be permitted.
• However, if working with engineered stone after 1 July 2024, existing Victorian Occupational Health and Safety (OHS) regulations which will continue to prohibit the cutting, grinding and abrasive polishing of engineered stone with power tools, unless on-tool water suppression or dust extraction devices are in place and respiratory protection equipment is used.
• If it is not reasonably practicable to use water suppression or dust extraction, local exhaust ventilation must be used.

• The ban will commence in Victoria from 1 July 2024.
• The Occupational Health and Safety Regulations 2017 (OHS Regulations) will be amended to ban the use of engineered stone benchtops, panels or slabs.
• The definition of engineered stone under the OHS regulations will also change from 1 July 2024.

• Victoria considers the risk to workers unacceptable and will not have a transitional period for the ban.
• This means that after 1 July 2024, you cannot work with engineered stone benchtops, panels or slabs, even if you entered into a contract before that date.

• Engineered stone benchtops, panels or slabs cannot legally be manufactured, supplied, processed or installed after 1 July 2024.

• Rates of silicosis and silica-related diseases in Australian workers have risen substantially in recent years, with a disproportionate number of diagnoses in engineered stone workers.
• When engineered stone is processed, the dust generated has different physical and chemical properties that likely contribute to more rapid and severe disease.
• There is no scientific evidence for a safe threshold of crystalline silica content in engineered stone, or that lower silica content engineered stone is safer to work with.

• The Commonwealth is considering a customs ban to provide an additional layer of enforcement and deterrence at borders.

• A national process for seeking an exemption from the prohibition for engineered stone products is being developed.
• Ministers will consider this process in May 2024. WorkSafe will provide updated information on exemptions after the Minister's meeting.

• Victoria's Occupational Health and Safety (OHS) laws are currently being updated to prohibit work with engineered stone benchtops, slabs and panels from 1 July 2024.

• From 1 July 2024, it is proposed that engineered stone will be defined as an artificial product that:

  • contains 1 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; but

  Engineered stone will 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
• It will be your responsibility to determine whether a product meets the definition of engineered stone.
• You can review the product safety data sheet (SDS) or contact the manufacturer for clarification on a products composition.
• If you want to evaluate your product to determine whether it contains crystalline silica or other chemical constituents, such as resins, you can consider having an accredited National Association of Testing Authorities (NATA) laboratory or an equivalent laboratory that is signed up to the International Laboratory Accreditation Cooperation (ILAC) Mutal Recognition Arrangement (MRA) analyse your product.
• If you are unsure whether the ban will apply to your individual circumstances, you should consider obtaining independent legal advice.
• WorkSafe is unable to approve product testing reports.
• Any attempt by companies to rebrand engineered stone as another product to intentionally avoid the ban will be subject to strong compliance and enforcement action.
• You should also consider any advice provided by border force on the requirements for importing goods to Australia.

• Repairs, minor modification, removal and disposal of engineered stone benchtops, panels or slabs installed prior to the ban (legacy stone) will not be prohibited.
• If you are working with legacy stone Victoria's Occupational Health and Safety (OHS) regulations will continue to prohibit the cutting, grinding and abrasive polishing of engineered stone with power tools, unless on-tool water suppression or dust extraction devices are in place and respiratory protection equipment is used.
• If it is not reasonably practicable to use water suppression or dust extraction, local exhaust ventilation must be used.
• After 1 July 2024, you will not need a licence to work with legacy stone.
• The Victorian Government also intends to strengthen the high-risk crystalline silica regulations, and its application to a range of crystalline silica containing products and processes. More information on this will be available in the coming months.

• You do not need to notify WorkSafe if you are undertaking permitted work with engineered stone products in Victoria after 1 July 2024.

• Engineered stone products that have been installed do not pose an ongoing safety risk. Health and safety risks may arise if silica dust is generated during any modification, repair or removal work.
• Repairs, modification, removal or disposal of engineered stone should be undertaken by a qualified tradesperson. The tradesperson must use control measures to minimise the generation of dust and wear respiratory protection.

• Existing engineered stone licences will remain valid until the ban comes into effect.
• Until 1 July 2024, all businesses working with engineered stone in Victoria will still require a licence.
• From 1 July 2024, you will not need a licence to work with engineered stone.
• More information on current duties: www.worksafe.vic.gov.au/crystalline-silica

• Guidance to assist you in understanding these changes will be available soon.

• Products that contain less than 1% crystalline silica are not engineered stone. Therefore, products with zero crystalline silica will not be banned. All products that generate dust when they are processed contain risks which must be assessed and controlled in line with existing OHS obligations.