There will be no transitional arrangements in relation to the ban in Victoria from this date. Existing engineered stone licences will remain valid until the ban comes into effect.

It comes after all states and territories discussed a national ban on engineered stone.

Minister for WorkSafe and the TAC Danny Pearson said: “The evidence is clear that working with engineered stone is deadly – I don’t want to see any more Victorian workers die because of a kitchen benchtop.”

“We led the way with regulation and licensing in Victoria and now this ban will ensure workers are protected from silicosis.”

Definition

According to WorkSafe Victoria, 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

It 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.

Any attempt by companies to rebrand engineered stone as another product to intentionally avoid the ban will be subject to compliance and enforcement action.

Previous work

Employers will still be allowed to complete repairs, make minor modifications, remove and dispose of engineered stone benchtops, panels and slabs installed prior to the ban, also known as legacy stone.

Research, analysis, sampling and identification of engineered stone benchtops, panels and slabs will also remain permitted from 1 July 2024.

From 1 July 2024, you will not need a licence if you are working with legacy stone.

Exceptions

An exception to Victoria’s prohibition of all engineered stone will apply if the work involves the removal, repair or minor modification of product installed in a premises before 1 July.

This work will be subject to existing control requirements for engineered stone and additional high-risk crystalline silica work regulations.

Until the ban takes effect, Victoria’s existing laws on exposure to crystalline silica dust and working with engineered stone will apply.

A process for seeking an exemption to use banned products is being developed with Safe Work Australia to provide advice relating to further development of this process to WHS Ministers for consideration by the end of April 2024.

Further information

More information, including laws and guidance in relation to engineered stone, are available on the WorkSafe website. Those who work across multiple states or territories will need to refer to that jurisdiction’s specific conditions for the ban on engineered stone.

You can also contact the Victorian Chamber for all workplace relations and HR support or occupational health and safety consultation.