National Crystalline Silica Regulatory Reforms from 1 September 2024

What it is

Australia strengthened crystalline silica controls in construction and other high-risk industries through national regulatory reforms commencing 1 September 2024. All 8 jurisdictions (NSW, VIC, QLD, WA, SA, TAS, ACT, NT) implemented the reforms on the same date.

The reforms sit alongside the 1 July 2024 national engineered stone ban and complete the response to the silicosis epidemic that emerged among engineered stone workers.

The reforms

The 1 September 2024 reforms introduced:

• silica risk control plan requirement for any high-risk crystalline silica process
• air monitoring where exposure cannot be verified as below 0.05 mg/m3
• health monitoring for workers exposed above the workplace exposure standard
• worker information and training obligations
• record-keeping obligations for silica-related monitoring

What is a high-risk crystalline silica process

A high-risk crystalline silica process involves cutting, grinding, drilling, sanding or polishing crystalline silica substances containing more than 1 per cent crystalline silica. Common construction industry examples:

• concrete cutting
• concrete grinding
• brick cutting
• tile cutting
• mortar mixing (some circumstances)
• masonry restoration

Not all silica work is high-risk. Handling pre-manufactured components without disturbing crystalline silica is not high-risk. The trigger is disturbance of crystalline silica creating respirable dust.

Silica risk control plan

The silica risk control plan must be in writing and identify:

• the high-risk crystalline silica process
• the health and safety hazards and risks
• the control measures to be implemented
• the monitoring approach
• the review triggers

The plan must be reviewed regularly and after any incident, exposure event or process change.

Workplace exposure standard

The workplace exposure standard for respirable crystalline silica is 0.05 mg/m3 as a time-weighted average over 8 hours. Air monitoring must be conducted using approved sampling methods where exposure cannot be verified as below the standard.

Health monitoring

Health monitoring for exposed workers includes:

• baseline health assessment on commencement
• periodic chest x-rays (as recommended by occupational health physician)
• respiratory function tests
• post-employment health monitoring in some circumstances

Health monitoring records must be retained for at least 40 years after last exposure (silicosis has a long latency period).

Regulation numbering across jurisdictions

Six model WHS jurisdictions (NSW, QLD, WA, SA, TAS, ACT, NT) use regulations 529CA to 529CD. Victoria uses OHS Regulations 2017 Part 4.4A with different numbering.

Interaction with engineered stone ban

The engineered stone ban (1 July 2024) prohibits the primary high-risk exposure source. The 1 September 2024 crystalline silica reforms address remaining exposure sources.

Interaction with industrial manslaughter

Silica-related deaths from silicosis, lung cancer or other silica-related diseases can potentially be prosecuted under state industrial manslaughter offences where the negligence or recklessness elements are established.

How Australia compares internationally

Australia's 0.05 mg/m3 workplace exposure standard aligns with the US Occupational Safety and Health Administration (OSHA) standard. The EU standard is 0.10 mg/m3 (twice as permissive). Some countries have lower standards (California OSHA at 0.025 mg/m3).

The Australian framework combines a moderate exposure standard with comprehensive control obligations (silica risk control plan, air and health monitoring) and the engineered stone ban to create one of the most comprehensive silica frameworks globally.