Safe Work Australia has published amendments to model Work Health and Safety (WHS) regulations with the aim of strengthening protections for workers at risk of exposure to silica dust across all industries.
The amendments bolster the regulation of work with all materials containing at least one per cent crystalline silica and require:
- controlled processing of all crystalline silica substances
- assessing the risk of work involving processing of a crystalline silica substance, and
- additional duties for any processing of engineered stone that is assessed as high risk, including preparing a silica risk control plan.
Changes to the WHS regulations will only take effect in a jurisdiction once implemented in the WHS laws of the jurisdiction.
The Australian Capital Territory, New South Wales, Northern Territory and Queensland implemented the model WHS laws in their jurisdiction on January 1 2012.
South Australia and Tasmania implemented the model WHS laws on January 1 2013. On November 10 2020, Western Australia passed a version of the model laws, which became operational on March 31 2022.
Victoria is the only jurisdiction who has not implemented the model WHS laws.
Safe Work Australia has laid out a range of resources to assist persons conducting a business or undertaking (PCBUs) understand and comply with their obligations under the amended regulations, including:
- Working with crystalline silica substances: Guidance for PCBUs, and
- Supporting resources that summarise key concepts including what is silica dust, completing a silica risk control plan and how to control the risks of silica dust.
The guidance provides PCBUs with specific information on:
- their duties to eliminate or minimise the risks of exposure to respirable crystalline silica
- their duties in the management of risks associated with the generation of respirable crystalline silica from processing of crystalline silica substances, and
- additional requirements for managing high risk crystalline silica processes.
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