Vic to enforce engineered stone ban from 1 July

Wednesday, 22 May, 2024

Vic to enforce engineered stone ban from 1 July

The Victorian Government has announced that from 1 July, employers across the state will not be permitted to carry out work involving the manufacturing, supply, processing or installation of engineered stone benchtops, panels and slabs. As the current risk to Victorian workers in unacceptable, there will be no transitional period. This means that engineered stone benchtops, panels and slabs cannot be installed in Victorian premises after the national ban on the use of engineered stone comes into effect, even if a contract was entered into before 1 July.

Businesses and consumers with contractual obligations that cannot be legally fulfilled after the prohibition comes into force are encouraged to discuss a suitable substitute and settle any disputes in good faith. WorkSafe Executive Director (Health and Safety) Narelle Beer said Victoria made no apologies for taking the necessary steps to protect workers from deadly silicosis.

“Sadly, Victorians know from experience that safety must always come first when it comes to exposure to deadly crystalline silica dust. The risk to our workers is simply too great to wait any longer to ban engineered stone so it’s critical that builders and clients start having those conversations about alternative products as soon as possible,” Beer said.

Engineered stone products installed before 1 July do not pose an ongoing health and safety risk to Victorian consumers and are not affected by the prohibition. To ensure that work on these existing installations is managed safely, an exception to Victoria’s prohibition will apply to the removal, repair or modification of engineered stone benchtops, panels or slabs installed in a premises before 1 July. This work will not be licensed or require notification to WorkSafe, but most comply with existing control requirements for engineered stone and the regulations for high-risk crystalline silica work.

Any exemptions to the national prohibition granted by other jurisdictions under exceptional circumstances will not automatically apply in Victoria, which will use its existing exemption framework under the Occupational Health and Safety Regulations. This is to ensure that products defined as engineered stone can only be considered for use in Victoria where there is compelling evidence that they provide the equivalent level of health and safety to the alternative of not using them.

Any attempt to rebrand engineered stone as another product to intentionally avoid the prohibition will be subject to compliance and enforcement action. Duty holders must comply with Victoria’s current regulations, including the requirement for all businesses working with engineered stone to be licensed until the prohibition takes effect on 1 July.

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