Engineered stone ban update

Following the Commonwealth, States and Territory Ministers meeting on Friday 10 May 2024, WorkSafe provide the following further update on the engineered stone ban.

As you know, from 1 July 2024, manufacturing, supplying, processing, or installation of engineered stone benchtops, panels, and slabs will be banned in Victoria.

 

What does this mean in Victoria?

The engineered stone ban will apply nationally, however Victoria will have some key differences when compared to other jurisdictions. Therefore, if you work across multiple jurisdictions, you will need to refer to that jurisdiction’s specific laws relating to the ban on engineered stone.

 

The key differences in Victoria when compared to other jurisdictions from 1 July 2024 will be:

• No transitional period. That means even if you have an existing contract, engineered stone benchtops, panels or slabs cannot legally be manufactured, supplied, processed or installed after 1 July 2024.
• You are not required to notify WorkSafe if you are working with already installed engineered stone (legacy stone).
• Victoria is not part of the national exemption framework. Duty holder’s seeking an exemption to work with engineered stone in Victoria will need to apply for an exemption under the OHS Regulations.  
  If applying for an exemption in Victoria, the duty holder must clearly demonstrate that work being undertaken is done so under exceptional circumstances and providing the exemption will result in an equivalent level of health and safety to the prohibition

 

In addition, from 1 July, any work undertaken with already installed engineered stone will be treated as ‘High Risk Crystalline Silica Work’ under the OHS Regulations. A licence is not required to work with legacy stone.

 

How do I resolve a dispute about a contract variation to substitute an engineered stone benchtop?

• If a contract dispute arises due to the engineered stone ban commencing on 1 July 2024, Consumer Affairs Victoria encourages both sides to negotiate a fair outcome.
• If a resolution cannot be reached, please visit the Consumer Affairs Victoria website to determine next steps

 

Further information

For more information on the engineered stone ban, please refer to the frequently asked questions (FAQ’s) on the WorkSafe website.

 

To view Victoria’s current OHS laws and guidance in relation to engineered stone and crystalline silica please visit the WorkSafe website.