An exemption to the engineered stone ban has been introduced in the ACT to permit the reinstallation of the material for repair purposes. Photo: WorkSafe ACT.
Canberrans seeking to repair existing engineered stone in their homes and businesses can now do so under a new exemption to the law.
The ACT Government, along with other Commonwealth, territory and state ministers, agreed to ban engineered stone after Safe Work Australia recommended that the use of the material be prohibited to protect the health and safety of workers.
This ban came into effect in the Territory on 1 July 2024.
Now the ACT Work Health and Safety (WHS) Commissioner has put in place a conditional exemption to allow for the reinstallation of existing engineered stone benchtops, panels or slabs.
According to a WorkSafe ACT alert, given the engineered stone prohibition applied to installation, this also applied to reinstallation.
“Therefore, you could not reinstall an engineered stone benchtop, panel or slab that had been removed for the purpose of cabinet repair or refurbishment, even if no processing (cutting, grinding, polishing, trimming, and sanding) was required,” it stated.
This included when existing engineered stone had been removed to repair underlying cabinetry or plumbing, and when the stone “merely needs” to be put back in place after those repairs were completed.
“Safe Work Australia (SWA) Members agreed that this was an unintended consequence of the engineered stone prohibition amendments made in the model WHS Regulations,” the alert stated.
“Upon consideration of all health and safety risks associated, the WHS Commissioner has determined the exemption to carry no greater risk to exposure of crystalline silica than is ordinarily permitted by WHS Regulations.”
The exemption applies to any persons conducting a business or undertake ng (PCBU) who “carry out, direct, or allow a worker to carry out work to remove and reinstall existing engineered benchtops, panels or slabs”.
Conditions to the exemption include:
- The reinstallation must be associated with repair or modification of underlying cabinetry or supporting structure, or to give access to repair or modify some other underlying component
- The engineered stone benchtop, panel or slab must be reinstalled in the same exact location and address from which it was removed
- The exemption does not permit the installation of a replacement engineered stone benchtop, panel, or slab if, for any reason, the original engineered stone benchtop, panel, or slab cannot be reinstalled.
- Any processing undertaken, including minor modifications of the existing engineered stone benchtop, panel, or slab is to be controlled in accordance with WHS Regulation 418H.
- The relevant PCBU must notify WorkSafe ACT of the processing being undertaken consistent with the requirements under WHS Regulation 418I.
Engineered stone is defined as an artificial product that contains at least 1 per cent crystalline silica (as a weight/weight concentration), is created by combining natural materials with other chemical materials (such as water, resins or pigments) and becomes hardened.
Other silica-related materials, such as concrete and cement products, bricks, pavers, ceramic wall and floor tiles, plasterboard, grout, mortar and render, are not included in the overall ban.
Porcelain products and sintered stone are excluded from the prohibition only if they don’t contain resin.
The ban doesn’t apply to natural stone benchtops, panels or slabs.
