Frequently asked questions - Engineered stone ban

• The Victorian Government has banned 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, manufacturing, supply, processing or installation of engineered stone benchtops, panels or slabs is 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.

• The definition of engineered stone under the Occupational Health and Safety (OHS) Regulations has changed in Victoria.
• 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 and porcelain products (including benchtops, panels or slabs) that do not contain resin
• roof tiles
• grout, mortar or render
• plasterboard

• Engineered stone licences are no longer required for those working with engineered stone in Victoria.
• Any work undertaken on engineered stone will be treated as 'High Risk Crystalline Silica Work' under the OHS Regulations.

• 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) is permitted.
• Existing Victorian 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.
• From 1 July, any work undertaken on engineered stone will be treated as 'High Risk Crystalline Silica Work' under the OHS Regulations.

• The ban commenced in Victoria on 1 July 2024.
• The OHS Regulations have been amended to ban the manufacturing, supply, processing or installation of engineered stone benchtops, panels or slabs.
• The definition of engineered stone under the OHS Regulations also changed from 1 July 2024.

• Victoria does not have a transitional period for the ban.
• From 1 July 2024, you cannot manufacture, supply, process or install engineered stone benchtops, panels or slabs in Victoria, even if you entered into a contract before that date.

• By law a building owner and builder must not arrange to have engineered stone installed and are now required to vary existing contracts to ensure the installation of alternative products.
• Regardless of the existence of a contract, either new or not yet varied, it is illegal for a person carrying out the work to install engineered stone.

• If a contract dispute arises due to the engineered stone ban, Consumer Affairs Victoria encourages both sides to negotiate a fair outcome.
• For information and tips about next steps, visit the Consumer Affairs Victoria website
• If you cannot reach agreement, you may be eligible for free help to resolve the dispute from Domestic Building Dispute Resolution Victoria

• 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.

• Victoria is not part of the national exemption framework.
• Duty holder's seeking an exemption to work with engineered stone in Victoria will need to apply for an exemption under the OHS Regulations.
• If applying for an exemption in Victoria, the applicant must clearly demonstrate that work being undertaken is done so under exceptional circumstances and providing the exemption will result in an equivalent level of health and safety to the prohibition.

• 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; 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 or 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) Mutual Recognition Arrangement (MRA) analyse your product.
• If you are unsure whether the ban applies 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, modifications and removal of already installed engineered stone, and disposal of engineered stone (legacy stone) benchtops, panels or slabs will not be prohibited.
• If you are working with legacy stone, Victoria's 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.
• From 1 July 2024, any work undertaken engineered stone will be treated as 'High Risk Crystalline Silica Work' under the OHS Regulations.
• From 1 July 2024, you do not need a licence to work with engineered stone.

• You do not need to notify WorkSafe if you are working with engineered stone in Victoria.

• 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. Under the OHS regulations, the tradesperson must use control measures to minimise the generation of dust, wear respiratory protection and treat the work as 'High Risk Crystalline Silica Work'.

• Work with engineered stone products that are not benchtops, slabs or panels is still be permitted.
• Repairs, modification and removal of already installed engineered stone, as well as disposal, is also be permitted.
• You do not need a licence for this work, however If you are performing an engineered stone process there are still requirements under the OHS regulations that you must follow.
• An engineered stone process is a process involving engineered stone at a workplace that generates crystalline silica dust, including cutting, grinding or abrasive polishing of engineered stone.
• From 1 July, if you are performing an engineered stone process you must:
  • treat the work as high risk crystalline silica work (HRCSW) and;
  • ensure power tools are not used to cut, grind or abrasively polish engineered stone unless on-tool water suppression or dust extraction devices are in place and respiratory protection is used.

HRCSW means that you must:

• prepare a crystalline silica hazard control statement (hazard control statement) before the work commences, and
• ensure the work is performed in accordance with that hazard control statement; and
• provide employees and job applicants with specific information, instruction and training about exposure to crystalline silica dust and control measures

More information on HRCSW duties

• For the purposes of the prohibition in Victoria, WorkSafe does not consider supply to have occurred where the receiver of the engineered stone is in a jurisdiction that has a transition period. You should consider seeking your own legal advice on your particular situation, including on the use of any third parties.

• The OHS regulations prohibit manufacturing, supply, processing and installation of engineered stone benchtops, slabs and panels.
• While storage is not prohibited, WorkSafe recommends you make a plan for how to dispose of any uninstalled engineered stone benchtops, panels or slabs.
• Engineered stone benchtops, panels and slabs should be clearly identified and separated from non-banned products until disposal.

• Disposal of engineered stone is permitted under the OHS Regulations. You do not need a licence to dispose of engineered stone.
• It is recommended that disposal is completed as part of your usual approach to industrial waste management.
• For further information on how to manage industrial waste, click here.

• It may be necessary to remove and then reinstall an engineered stone benchtop, panel or slab. Examples of when this could happen include:
  • necessary repairs or modifications
  • work on connected cabinetry
  • work on other connected structures.
• There is a change to the ban on the installation of an engineered stone benchtop, panel or slab. The exemption allows the reinstallation of an engineered stone benchtop, panel or slab where it:
  • has been temporarily removed
  • will be reinstalled in the same place.
• It may be reasonably practicable to do the permitted work at another workplace. For example, at a stonemason's factory with better risk controls.
• Duty holders will need evidence to prove the engineered stone has been temporarily removed for a permitted modification. This can be photographs, taken before its removal, or a detailed work order. The engineered stone must be reinstalled in the same place.
• It is illegal to remove an existing engineered stone benchtop and install it in a new location.

• Guidance to assist you in understanding these changes is available on the WorkSafe website.

• Products that contain less than one per cent 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.