Engineered stone ban

A ban on the manufacture, supply, processing and installation of engineered stone benchtops, panels and slabs applies in all Australian jurisdictions.

The ban only applies to engineered stone benchtops, panels and slabs.

For the purposes of the model WHS Regulations, engineered stone is defined as an artificial product that:

1. contains at least 1% crystalline silica as a weight/weight concentration, and
2. is created by combining natural stone materials with other chemical constituents (such as water, resins, or pigments), and
3. becomes hardened.

However, engineered stone does not include: 

1. concrete and cement products
2. bricks, pavers, and other similar blocks
3. ceramic wall and floor tiles
4. sintered stone (provided it does not contain resin)
5. porcelain products (provided they do not contain resin)
6. roof tiles
7. grout, mortar, and render, and
8. plasterboard.

Therefore, to be banned, a product must be in benchtop, panel or slab form and meet all criteria (1) to (3) of the engineered stone definition. However, products of the types specified in (a) to (h) above are not banned because they are not engineered stone for the purposes of the model WHS Regulations.

Examples of products that are not prohibited include:

• an artificial stone benchtop, panel or slab made that contains less than 1% crystalline silica because the definition of engineered stone requires at least 1% crystalline silica
• a porcelain or sintered stone benchtop, panel or slab that does not contain resin, as these are excluded from the definition of engineered stone (see (d) and (e) above)
• finished engineered stone products (e.g. garden ornaments, sculptures, kitchen sinks) because they are not benchtops, panels or slabs and they are not intended to be further processed to be used or installed.

For further information on the scope of the prohibition, refer to model Code of Practice: Managing risks of respirable crystalline silica in the workplace.
 

The model Code of Practice: Managing risks of respirable crystalline silica in the workplace is available to support persons conducting a business or undertaking (PCBUs) understand how the amendments to the model WHS Regulations affect them. 

Safe Work Australia has also published supporting resources that highlight key sections, definitions and processes from the guidance. 

We encourage PCBUs and workers to stay up to date with information from Safe Work Australia and their WHS regulator.

Legacy engineered stone includes any engineered stone benchtop, panel, or slab that is already installed and, for the purposes of disposal, includes engineered stone benchtops, panels and slabs whether installed or not installed (such as a stockpile).

The amendments to the WHS Regulations that give effect to the engineered stone ban allow persons conducting a business or undertaking (PCBUs) to continue to work with legacy engineered stone for limited purposes.

Work involving the processing of legacy engineered stone is still allowed for the following limited purposes:

• removing, repairing, making minor modifications or disposal of installed engineered stone, and
• disposal of engineered stone whether installed or not.

A person conducting a business or undertaking (PCBU) that is proposing to carry out the above work must notify the WHS regulator before doing so and must ensure any processing of the engineered stone is controlled. In Victoria, employers are not required to notify the WHS regulator, however controlled processing is still required.

Further information about this type of permitted work with legacy engineered stone, the notification requirements and controlled processing is available in the model Code of Practice: Managing risks of respirable crystalline silica in the workplace.   

Work involving the supply, installation or processing of engineered stone benchtops, panels and slabs is still allowed for the following limited purposes:

• for genuine research and analysis, and
• to sample and identify engineered stone.

A PCBU that is proposing to carry out the above work does not need to notify the WHS regulator but they must ensure any processing of the engineered stone is controlled.  

The model WHS Regulations allow a WHS regulator to exempt a type of engineered stone from the prohibition. 

An exemption from the engineered stone prohibition may only be granted if the WHS regulator is satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption.

Before applying for an exemption, the applicant must consult with Safe Work Australia’s social partners (i.e. the Safe Work Australia Members who represent the interests of employers and workers).

From 1 September 2024, amendments to the model WHS Regulations provide for the stronger regulation of work with all materials containing at least 1% crystalline silica, including permitted work with engineered stone, across all industries.

Safe Work Australia has developed a model Code of Practice: Managing risks of respirable crystalline silica in the workplace to support persons conducting a business or undertaking (PCBUs) and workers understand the amendments to the model WHS Regulations. We encourage PCBUs and workers to stay up to date with information from Safe Work Australia and their WHS regulator.

If you undertake permitted work with engineered stone, you may be exposed to respirable crystalline silica (RCS) at work. Your employer must protect you, and anyone else in the workplace, from risks to your health and safety, such as those from exposure to RCS. 

An employer must not carry out, or direct or allow you to carry out, processing of engineered stone unless it is controlled using effective control measures to remove or reduce exposure to RCS. These measures include using a wet cutting method, an on-tool dust removal system, or a local exhaust ventilation system. Before work begins, your employer must also conduct an assessment to determine if the processing is high risk. If the work is determined to be high risk, they must meet additional requirements such as providing you with training about the risks from exposure to respirable crystalline silica and use of specific risk control measures. 

Further information about how to manage the risks of RCS when working with engineered stone is available in the model Code of Practice: Managing risks of respirable crystalline silica in the workplace.

As a worker, you have a responsibility to protect yourself and other people around you at work. This includes complying with reasonable work health and safety instructions, and co-operating with reasonable policies and procedures to protect you from breathing in dust including by wearing appropriate personal protective equipment (PPE). You must be given the appropriate PPE (including respiratory protective equipment) to work with engineered stone and your employer must give you information and instructions on how to use and wear your PPE properly.

Talk to your employer about what they are doing to manage the risks of exposure to RCS at your work. If you are worried about a serious risk to your health and safety, you have the right to stop or refuse to carry out work. If you do this, you must inform your employer as soon as you can.

If after raising a safety concern with your manager or supervisor, you are still concerned about a risk to your health and safety you should speak to your health and safety representative (HSR) or contact the WHS regulator in your jurisdiction for advice. If you are a member of a trade union or employee association, they may also be able to help you.

The dust generated from processing any type of stone benchtop, panel or slab has the potential to pose health risks when inhaled. You can consider the following when thinking about potential health risks regarding working with stone products: 

• The type of processing involved – Cutting, grinding, polishing, or crushing can release different amounts and types of dust. The more dust that is released, the higher the risk of breathing the dust in and potential health risks.
• The composition of the material – Does the material contain crystalline silica (or non-crystalline forms), and how much is present? Consider if there are other substances that may be harmful if released into the air and breathed in. Check the product’s safety data sheet if available, or consult the supplier or manufacturer for information.
• The nature of the work – Consider how often and how long workers are performing tasks and potentially exposed to dust during the task.
• Air monitoring results – Has there been any air monitoring previously undertaken at the workplace to indicate if airborne concentrations of chemicals (not limited to RCS) released during processing are above the relevant workplace exposure standards (WES)?
• Are appropriate control measures in place – What are the control measures, have they been reviewed, and are they working effectively to eliminate or minimise dust exposure?

If you are a worker that undertakes ongoing work where there is a significant health risk due to exposure to respirable crystalline silica, then your employer must provide health monitoring for you. Monitoring must be conducted by a registered medical practitioner experienced in health monitoring. 

You should talk to your manager or employer about arranging health monitoring. If you do not feel comfortable approaching your employer, or they refuse to provide health monitoring, you should discuss with your health and safety representative (HSR) if you have one. You can also contact the WHS regulator in your jurisdiction for advice.

WHS ministers agreed to limit the ban to engineered stone benchtops, panels and slabs as these are the products which are most commonly processed within Australia and pose the greatest known risk to workers. 

Engineered stone products that are not intended to be processed, such as prefabricated sinks, jewellery and garden ornaments, are not subject to the ban. Any work that involves processing engineered stone that is not a benchtop, panel or slab must still be controlled.

Engineered stone products that contain less than 1% crystalline silica (as a weight/weight concentration) are not subject to the ban.

Further information on scope of the ban is available in the model Code of Practice: Managing risks of respirable crystalline silica in the workplace.

There are some minor exceptions to the ban in relation to previously installed engineered stone benchtops, panels and slabs. These are discussed in other FAQs on this page: 

• What is legacy engineered stone?
• What work with legacy engineered stone is still allowed despite the ban?
• Can I remove an engineered stone benchtop to repair or refurbish a cabinet, and then re-install the same benchtop in the same position without processing the benchtop?

Engineered stone benchtops, panels and slabs are prohibited imports under regulation 5M of the Customs (Prohibited Imports) Regulations 1956. The prohibition on the importation of engineered stone is managed by the Australian Border Force and has been designed to complement the prohibition on engineered stone that applies under WHS laws. 

The Australian Border Force has published guidance regarding the requirements that apply for importers of engineered stone. For more information, see the Australian Border Force prohibited goods website and ACN 2024/45 - New Import Control on Engineered Stone.

Available evidence suggests engineered stone products do not pose a safety risk after installation in your home or workplace, as long as they are not processed (e.g. cut or polished). Health risks may arise if silica dust is generated during the removal, repair, minor modification or disposal of legacy engineered stone.

It is important that you don’t undertake any work with engineered stone yourself if you are not qualified. You should contact a qualified tradesperson if you require repairs, minor modification, removal or disposal of legacy engineered stone already in place in your house or workplace, such as benchtops or splashbacks. The tradesperson must use control measures to minimise the generation of dust and must wear respiratory protection.

Further information about permitted work for repair, removal, minor modification and disposal of legacy engineered stone, the notification requirements and controlled processing is available in the model Code of Practice: Managing risks of respirable crystalline silica in the workplace.

Yes, however it is important that you don’t undertake any work with engineered stone yourself if you are not qualified. 

You should contact a qualified tradesperson if you require, repairs, minor modification, removal or disposal of legacy engineered stone already in place in your house or workplace, such as benchtops or splashbacks.  The tradesperson must use control measures to minimise the generation of dust and must wear respiratory protection.

Further information about permitted work for repair, removal, minor modification and disposal of legacy engineered stone, the notification requirements and controlled processing is available in the model Code of Practice: Managing risks of respirable crystalline silica in the workplace.  

Under the model WHS Regulations, the engineered stone prohibition applies to installation. This includes re-installation even if no processing is required.

Safe Work Australia Members have agreed that this is an unintended consequence of the engineered stone prohibition amendments of the model WHS Regulations, and consideration is being given to how best to address this. 

As an interim solution, exemptions to permit re-installation in specific circumstances have been granted in most jurisdictions. Please contact your WHS regulator for more information.