Engineered stone notifications
From 1 July 2024, a person conducting a business or undertaking (PCBU) must not carry out, or direct or allow a worker to carry out, work that involves the manufacture, supply, processing, or installation of engineered stone benchtops, panels, and slabs.
Engineered stone is defined in the WHS Regulations as a crystalline silica substance (CSS) that is an artificial product that:
- contains 1% 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.
There are limited exceptions to the prohibition.
Work with legacy engineered stone benchtops, panels and slabs will be allowed to continue after 1 July 2024 in the following scenarios:
- for genuine research and analysis
- sampling and identification of engineered stone
- work carried out for the purpose of removing, repairing, making minor modifications or disposal of installed engineered stone, and
- work carried out for the purposes of disposal of engineered stone.
Initial notification of work
PCBUs must provide a written notice in the Notification of permitted work with legacy engineered stone form, approved by the regulator to Comcare if they intend to carry out permitted work with legacy engineered stone – i.e., work that involves processing to:
- repair, make minor modification to, or remove an engineered stone benchtop, panel or slab that is already installed, or
- dispose of an engineered stone benchtop, panel or slab, whether it is installed or not.
The notification may be relied on for up to 12-months. It is not a task or project-based notification. Rather, it is expected that the PCBU considers the work likely to be carried out involving the processing of legacy engineered stone during the 12-months from the date of notification.
If the PCBU intends to carry out permitted work with legacy engineered stone in more than one jurisdiction, notification must be provided to the WHS regulator for each jurisdiction in which the work is carried out using the form approved by the relevant regulator.
Workplaces shared by a Commonwealth entity and one or more state-based contractors may be covered by both the Commonwealth WHS laws and state or territory WHS laws. In these circumstances, the Commonwealth entity must notify Comcare, and the state/territory contractors must notify the relevant state/territory-based regulator.
Section 3 of the Notification of permitted work with legacy engineered stone form must be completed by the Commonwealth PCBU and submitted to notify@comcare.gov.au when notifying Comcare.
A state or territory-based contractor should refer to the relevant WHS regulator for the correct form and notification submission requirements.
When to notify
A PCBU must notify the relevant WHS Regulator(s) before any permitted work with legacy engineered stone is carried out. However, if a PCBU carries out work that they do not know was permitted work with legacy engineered stone (for example, due to misidentifying the engineered stone as another type of product), the PCBU must notify the WHS regulator as soon as practicable after becoming aware that the work involved processing of engineered stone.
Once the PCBU submits the notification to the WHS regulator, they do not have to wait for a receipt of notification from the WHS regulator to begin the permitted work.
The information provided to the WHS regulator in the notification will enable the regulator to have oversight of the PCBUs in their jurisdiction whose workers may be exposed to respirable crystalline silica (RCS) while working with legacy engineered stone.
WHS regulators have powers to investigate and enforce WHS laws. The WHS regulator may rely on those powers to obtain further information from the PCBU about work with legacy engineered stone, and the PCBU’s compliance with relevant duties under the WHS laws.
Re-notification
A PCBU must re-notify the WHS regulator(s) within 30 calendar days of the following occurring:
- The PCBU becomes aware of a change to the information provided in the previous notification. In this case, the re-notification must state and describe the information that has changed (for example, an increase or decrease in the frequency and/or duration of the work or a change in the type of work with legacy engineered stone). A renotification is not required if the PCBU ceases to carry out work with legacy engineered stone.
- The 12-month anniversary of the most recent notification made to the WHS regulator, unless the PCBU has ceased to carry out work with legacy engineered stone.
Once the PCBU submits the re-notification to the WHS regulator, they do not have to wait for a receipt of notification from the WHS regulator to continue the permitted work.
Section 4 of the Notification of permitted work with legacy engineered stone form must be completed by the Commonwealth PCBU and submitted to notify@comcare.gov.au when re-notifying Comcare.
A state or territory-based contractor should refer to the relevant WHS regulator for the correct form and re-notification submission requirements.
Evidence of notification
Each time a PCBU notifies the WHS regulator, the PCBU must be given an acknowledgement from the WHS regulator.
A PCBU must keep a copy of their notification form for a period of 5 years, and ensure it is readily accessible and allow a person (for example, a worker, health and safety representative or member of the public) to access a copy upon request.
For best practice, a PCBU should also keep their acknowledgment of notification from the WHS regulator as evidence of the date the notice was submitted.
