Crystalline Silica Control Requirements in NSW Residential Construction

What it is

New South Wales adopted the national crystalline silica regulatory reforms through amendments to the Work Health and Safety Regulation 2017 (NSW) commencing 1 September 2024. The reforms significantly strengthen controls on work involving crystalline silica substances (materials containing 1 per cent or more crystalline silica by weight).

The reforms sit alongside the 1 July 2024 engineered stone ban and represent the most substantial WHS regulatory reform for construction industry health protection in the last decade.

What crystalline silica is

Crystalline silica is a naturally occurring mineral in stone, concrete, brick, tiles, mortar and manufactured stone. When cut, ground, sanded or drilled, crystalline silica materials release respirable crystalline silica dust that can cause silicosis, lung cancer and other serious respiratory diseases.

Respirable crystalline silica is the fine dust particles that can be inhaled deep into the lungs. Exposure has no cure once silicosis has developed.

The engineered stone ban context

The 1 July 2024 national engineered stone ban prohibited the manufacture, supply, processing and installation of engineered stone containing crystalline silica. That ban ended the primary high-risk exposure source in Australian construction. The 1 September 2024 crystalline silica reforms address remaining exposure sources.

Silica risk control plan

Regulation 529CA of the WHS Regulation 2017 (NSW) (added 1 September 2024) requires a PCBU to prepare a written silica risk control plan for any crystalline silica process that is a high-risk crystalline silica process. High-risk processes include cutting, grinding, drilling, sanding or polishing crystalline silica substances containing more than 1 per cent crystalline silica.

The plan must identify the process, exposure hazards, control measures and monitoring approach. The plan must be reviewed regularly and after any incident or exposure event.

Air monitoring

Regulation 529CB requires air monitoring where the PCBU cannot verify that exposure is below the workplace exposure standard (0.05 mg/m3 for respirable crystalline silica). Air monitoring must use approved sampling methods.

Health monitoring

Regulation 435 (existing) plus reforms require health monitoring for workers exposed to respirable crystalline silica above the workplace exposure standard. Health monitoring includes baseline health assessments, periodic chest x-rays and respiratory function tests.

Training

PCBUs must ensure workers are trained on crystalline silica hazards, controls, personal protective equipment use and health monitoring rights.

Penalties

Regulation 529CA to 529CD offences carry penalties consistent with the model WHS Regulation framework. SafeWork NSW treats crystalline silica compliance as a high enforcement priority.

How NSW implemented the reforms

NSW's 1 September 2024 commencement matched the national model WHS timeline. TradeForm NSW templates include silica risk control plan templates for typical residential construction processes.

Interaction with residential construction

Residential builders commonly work with concrete cutting, tile cutting, brick sanding and mortar mixing - all processes that can release respirable crystalline silica. The 1 September 2024 reforms apply to any high-risk crystalline silica process regardless of contract value or project size.

How NSW compares

NSW's 1 September 2024 crystalline silica reforms match the national model WHS timeline adopted across QLD, WA, SA, TAS, ACT and NT. Victoria adopted equivalent reforms through OHS Regulations 2017 (Vic) amendments on the same date.

All 8 Australian jurisdictions now operate broadly aligned crystalline silica frameworks. TradeForm crystalline silica templates apply consistently across all states with jurisdiction-specific regulator references.