New exemption for the reinstallation of engineered stone
3 February 2025
Comcare has granted a Class Exemption on its own initiative, allowing persons conducting a business or undertaking (PCBUs) to reinstall engineered stone benchtops, panels, or slabs temporarily removed to access and repair or modify underlying cabinetry or components.
The Work Health and Safety (Re-installation of existing engineered stone benchtops, panels or slabs) Exemption 2024 came into effect on 25 January 2025.
Background
On 1 July 2024, amendments to the Commonwealth Work Health and Safety Regulations 2011 (WHS Regulations) took effect, enforcing a prohibition on the manufacture, supply, processing, and installation of engineered stone benchtops, panels, and slabs within the Commonwealth jurisdiction.
An unintended consequence of the engineered stone prohibition amendments, the prohibition also prevented a PCBU from reinstalling an engineered stone benchtop, panel, or slab in circumstances where, for example:
- an existing engineered stone benchtop, panel or slab was removed to repair underlying cabinetry or plumbing.
- the engineered stone benchtop, panel or slab needed to be put back in place after the repairs were completed.
Safe Work Australia Members referred the matter to the Heads of Workplace Safety Authorities (WHS regulators across the Commonwealth, states and territories) to coordinate a consistent approach across jurisdictions.
As an interim measure, it was agreed that until the WHS Regulations are amended to allow the reinstallation of engineered stone benchtops, panels, or slabs, regulators could use their general exemption power under regulation 684 of the WHS Regulations to grant a class exemption on their own initiative.
More information
For more information, go to Crystalline silica: Legacy engineered stone
