Crystalline Silica Control Requirements in ACT Construction

What it is

The Australian Capital Territory adopted the national crystalline silica regulatory reforms through amendments to the Work Health and Safety Regulation 2011 (ACT) commencing 1 September 2024. WorkSafe ACT within Access Canberra enforces the framework.

The framework

Regulations 529CA to 529CD of the WHS Regulation 2011 (ACT) set the crystalline silica control requirements. High-risk processes include cutting, grinding, drilling, sanding or polishing crystalline silica substances containing more than 1 per cent crystalline silica.

Silica risk control plan

A PCBU must prepare a written silica risk control plan for any high-risk crystalline silica process.

Air and health monitoring

Air monitoring where exposure cannot be verified below 0.05 mg/m3. Health monitoring for exposed workers.

The ACT asbestos ban context

The ACT has no 10 sqm non-friable asbestos exemption - all ACT asbestos removal since 1 January 2015 requires a licensed removalist. The absence of this exemption creates a stricter respirable-hazard framework in the ACT than in states with the exemption.

Silica control obligations sit alongside this strict asbestos framework, giving ACT builders a comprehensive respirable-hazard compliance regime.

Engineered stone ban

The 1 July 2024 national engineered stone ban applies in the ACT.

Interaction with dual industrial manslaughter framework

Silica-related deaths can be prosecuted under either section 34C WHS Act 2011 (ACT) or section 15 Crimes Act 1900 (ACT). The dual pathway gives ACT prosecutors flexibility on silica-related deaths.

Interaction with COL Act licensing

Silica framework breaches by an ACT construction occupations licensee can trigger Construction Occupations Registrar disciplinary action under Part 5 of the COL Act 2004 (ACT).

How the ACT compares

ACT's 1 September 2024 reforms align with the national timeline. Regulation numbering matches NSW, QLD, WA, SA, TAS and NT.