Crystalline Silica Control Requirements in Victorian Construction

What it is

Victoria adopted the national crystalline silica regulatory reforms through amendments to the Occupational Health and Safety Regulations 2017 (Vic) commencing 1 September 2024. Victoria's reforms sit alongside the 1 July 2024 national engineered stone ban.

WorkSafe Victoria enforces the crystalline silica framework as a top compliance priority for the construction industry.

Victoria's framework

Regulation Part 4.4A of the OHS Regulations 2017 (Vic) sets the crystalline silica control framework. High-risk crystalline silica processes include cutting, grinding, drilling, sanding or polishing crystalline silica substances containing more than 1 per cent crystalline silica.

Silica risk control plan

A written silica risk control plan must be prepared for any high-risk crystalline silica process. The plan must identify the process, exposure hazards, control measures and monitoring approach. It must be reviewed regularly and after any incident.

Air monitoring

Air monitoring must be conducted where the employer cannot verify that exposure is below the workplace exposure standard of 0.05 mg/m3 for respirable crystalline silica.

Health monitoring

Health monitoring for exposed workers includes baseline health assessments, periodic chest x-rays and respiratory function tests.

Training

Employers must ensure workers are trained on crystalline silica hazards, controls, PPE use and health monitoring rights.

Engineered stone ban interaction

The 1 July 2024 national engineered stone ban applies in Victoria alongside the 1 September 2024 silica framework. The ban prohibited the manufacture, supply, processing and installation of engineered stone containing crystalline silica.

Interaction with workplace manslaughter

Silica-related deaths caused by employer conduct can potentially be prosecuted under section 39G workplace manslaughter (from 1 July 2020). Non-compliance with the silica framework is treated by WorkSafe Victoria as an aggravating factor.

Distinct Victorian framework

Victoria's OHS Regulations 2017 (Vic) use different regulation numbering from the model WHS Regulation (reg 4.4A rather than reg 529CA-CD). The substantive requirements are broadly comparable but Victorian templates and procedures need Victoria-specific references.

How Victoria compares

Victoria's 1 September 2024 reforms align with the national timeline. All 8 Australian jurisdictions operate broadly aligned crystalline silica frameworks with jurisdiction-specific regulation citations.

Victoria's active WorkSafe enforcement approach means Victorian builders should treat crystalline silica compliance as a high operational priority alongside site notification, SWMS and industrial manslaughter frameworks.