Engineered stone ban commenced 1 July 2024

 

 

 

 

 

On Monday 1 July 2024, new regulations commenced that ban manufacturing, supplying, processing, or installation of engineered stone benchtops, panels, and slabs in Victoria.

Key changes for Victoria

The regulations:

• prohibit the installation, processing, supply and manufacture of engineered stone panels, slabs and benchtops; and
• allow work with engineered stone panels, slabs and benchtops under limited circumstances, including:
  • research and analysis;
  • sample and identification
  • removal, repair and modification to already installed engineered stone and;
  • disposal
• require that any permitted engineered stone processes are treated as high risk crystalline silica work; and
• remove the requirements to hold an engineered stone licence

 

No transition period

There is no transition period in Victoria. Even if you have an existing contract, engineered stone benchtops, panels and slabs cannot legally be manufactured, supplied, processed or installed from 1 July 2024.

 

Enforcing the regulations

From 1 July 2024, WorkSafe will be commencing a program of unannounced visits to Victorian workplaces where work with benchtops, panels and slabs is known to occur to ensure duty holders are adhering to the new regulations. This program will focus on, but not be limited to, the workplaces of those that hold engineered stone licences as at 30 June 2024. During these visits, WorkSafe expects duty holders will be able to provide information and evidence to demonstrate that any products in use are permitted in line with the ban. WorkSafe may also require samples to take away for testing purposes to validate that a product is not engineered stone.

 

In addition, WorkSafe will be assessing compliance with the new regulations as part of its regular proactive and reactive inspections across Victorian construction sites. Finally, WorkSafe will be seeking information and advice from the manufacturers and suppliers of benchtops, panels and slabs about how they have adjusted their product offerings and Victorian operations to ensure that they are complying with Victoria’s new regulations.

 

Disposal of engineered stone

Disposal of engineered stone is permitted under the Occupational Health and Safety (OHS) Regulations. You do not need a licence to dispose of engineered stone. 

For further information on how to manage industrial waste, click here. 

For the purposes of the prohibition in Victoria, WorkSafe does not consider supply to have occurred where the receiver of the engineered stone is in a jurisdiction that has a transition period. You should consider seeking your own legal advice on your particular situation, including on the use of any third parties.   

 

Further information

A copy of the Occupational Health and Safety Amendment (Engineered Stone Prohibition) Regulations 2024 and updated guidance is available on the WorkSafe website 

Frequently asked questions are available on the WorkSafe website.

If you have any further questions, please email legislation@worksafe.vic.gov.au.

Website: WorkSafe website