High risk crystalline silica work and duties of manufacturers and suppliers

On 15 November 2021, the Occupational Health and Safety Regulations 2017 (OHS Regulations) were amended to better protect workers from exposure to crystalline silica.

 

The amendments to Part 4.5 – Crystalline silica of the OHS Regulations commence in three different phases to ensure duty holders are provided with enough time to prepare for the relevant changes. 

 

The first phase which came into effect immediately on 15 November 2021 included the 12 month transition period for the licensing regime, along with the commencement of specific controls to be used when working with engineered stone, and the continued prohibition on dry-cutting. 

 

The second phase is due to commence this Sunday 15 May 2022 when the following requirements will come into effect: 

 

• High risk crystalline silica work – Identification and management; 
• Duties of manufacturers and suppliers; and  
• Provision of information for high risk crystalline silica work.

 

Further information on what these new duties mean for you can be found on the WorkSafe website and includes: 

• What is a crystalline silica process
• How to determine if crystalline silica processes are high risk
• What is required if high risk crystalline silica processes are undertaken
• Information for suppliers and manufacturers of crystalline silica substances.

 

The following non-statutory guidance will also be published on the WorkSafe website: 

• Manufacturer and supplier duties – Crystalline silica substances
• Preparing crystalline silica hazard control statements for high risk crystalline silica work
• Dust containing crystalline silica in construction work
• Dust containing crystalline silica in the extractive industry. 

 

Phase three will commence on Tuesday 15 November 2022. From this date, all businesses working with engineered stone must hold a licence and suppliers cannot supply engineered stone to businesses who require a licence but do not have one. 

Information on the licencing scheme can be found here including who is required to obtain a licence and how to apply for one. Information about this change will be further communicated closer to the date of commencement. 

 

Next Tuesday 17 May, it is expected that the proposed Managing exposure to crystalline silica: Engineered stone compliance code will open for public consultation. 

 

If you have any questions or require further information, please contact: Bridie King, Stakeholder Engagement and Communications Advisor, via email at bridie_king@worksafe.vic.gov.au or by phone on 03 4243 7778.