The National Engineered Stone Ban from 1 July 2024

What it is

Australia enacted a national ban on the manufacture, supply, processing and installation of engineered stone containing crystalline silica from 1 July 2024. The ban is the most significant workplace health reform in Australian construction history and responds to a silicosis epidemic among engineered stone workers.

All 8 jurisdictions (NSW, VIC, QLD, WA, SA, TAS, ACT, NT) implemented the ban through amendments to their WHS/OHS Regulations on 1 July 2024.

The prohibited conduct

From 1 July 2024, it is unlawful in Australia to:

• manufacture engineered stone containing crystalline silica
• supply engineered stone containing crystalline silica
• process engineered stone containing crystalline silica (cutting, grinding, drilling, sanding, polishing)
• install engineered stone containing crystalline silica

Engineered stone means artificial products containing crystalline silica formed by combining minerals with binders. The primary example is engineered stone benchtops (kitchen and bathroom benchtops) that have been widely used in Australian residential construction.

Why the ban

Silicosis is an incurable lung disease caused by inhaling respirable crystalline silica dust. Engineered stone workers experienced a silicosis epidemic in the late 2010s and early 2020s, with hundreds of young workers diagnosed with irreversible lung disease.

The National Dust Diseases Taskforce (established 2018) recommended the ban after extensive review. Ministers agreed 13 December 2023 and the ban commenced 1 July 2024.

Transitional arrangements

Contracts entered into before 13 December 2023 could be completed after 1 July 2024 provided:

• installation occurred by 31 December 2024
• appropriate silica dust controls were in place
• worker protection measures were implemented

From 1 January 2025, no transitional installation is permitted.

Legitimate replacement materials

Building industry alternatives include:

• porcelain slab
• natural stone (marble, granite - which contain crystalline silica but less)
• laminate
• solid surface materials
• polished concrete

The transition to alternative materials has been widespread in Australian residential construction since 1 July 2024.

Penalties

Ban violations carry substantial penalties under each jurisdiction's WHS/OHS Regulations framework. Penalties align with category 1-2 offence penalties where the ban violation exposes workers to serious risk.

Interaction with crystalline silica reforms

The 1 September 2024 crystalline silica regulatory reforms (silica risk control plan, air and health monitoring) work alongside the engineered stone ban. Where the ban prohibits engineered stone use, the crystalline silica reforms address remaining exposure sources (concrete cutting, brick sanding, mortar mixing).

Interaction with industrial manslaughter frameworks

Engineered stone ban violations that cause worker deaths through silicosis or lung cancer can potentially be prosecuted under state industrial manslaughter offences. The negligence or recklessness elements would need to be established.

How the ban compares internationally

Australia's engineered stone ban was one of the first national bans of engineered stone globally. The UK, EU and US regulate engineered stone through occupational exposure standards but do not currently ban the material. Australia's approach reflects the seriousness of the silicosis epidemic in Australian workers.

The ban is one of the most significant WHS reforms in Australian history and has reshaped Australian residential construction material choices.