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Engineered Stone banned in Australia and More Dust Control Regulations foreshadowed

22 March 2024

Ministers responsible for Work Health and Safety (WHS) and Workplace Relations (WR) from the Commonwealth and each state and territory met on 22 March 2024

WHS ministers discussed the draft amendments to the model WHS Regulations to give effect to the engineered stone ban and further regulation of crystalline silica processes.

A stronger regulatory framework is to be considered including specific requirements for persons conducting a business or undertaking carrying out high risk crystalline silica processes to:

• develop a Silica Risk Control Plan aimed at identifying hazards associated with crystalline silica processes and measures to control these risks;
• provide additional training for workers or others likely exposed to the risks associated with high risk crystalline silica processes;
• undertake air and health monitoring for workers; and
• report workplace exposure standard exceedances to the relevant WHS regulator.

Work Health and Safety Meeting of Ministers – 22 March 2024 - Department of Employment and Workplace Relations, Australian Government (dewr.gov.au)

Crystalline silica and silicosis - Engineered stone ban | Safe Work Australia

Serious injury of a worker performing maintenance work on a mobile screen

September 2023

Incident date: 28 August 2023 Event: Serious injury of a worker while assisting with belt tracking of a mobile screen Location: Mt Magometon Quarry

A worker assisting with tracking the belt on a mobile screen was seriously injured when his arm became entangled in the screen’s rotating tail drum.

Read the investigation report here.

Tasmania Prosecutes for Dust Exposures

March 2023

The incident

In January 2020, a worker employed by Lazenby Sand Pty Ltd on a full time basis as a production manager/plant operator, was diagnosed with silicosis.

The worker's work involved feeding screens, loading and carting material, dealing with customers, and operating and maintaining fixed and mobile plant around the site.

The work exposed the worker to airborne dust, particularly during dry and windy weather. He was not required to undertake a medical examination when he began work at Lazenby Sand, and he was not provided with any health monitoring until November 2019, after which he was diagnosed with silicosis. Therefore it is not known when he contracted silicosis.

Findings

Inspectors from WorkSafe Tasmania investigating the incident found:

• the worker was exposed to respirable crystalline silica at the Lazenby Sand site
• the worker wasn’t provided with any instruction or training about dust
• there were no respirators available until 2017
• there was no information provided about silica or dust generally, no signage, and no toolbox talks
• before Lazenby Sand’s employment of a business manager in 2016, there was a lack of WHS resources, which contributed to a lack of understanding of the WHS laws and the WHS risks at the site.

The penalties

Lazenby Sand Pty Ltd was charged with:

• one count of failing to comply with a health and safety duty: Category 2, Section 32 of the Work Health and Safety Act 2012
• one count of failing to comply with a health and safety duty – Category 3, Section 33 of the Work Health and Safety Act 2012.

On 3 March 2023 in the Hobart Magistrates Court, Lazenby Sands was found guilty on both charges, and fined $230,000 with a conviction recorded.