Exemption for engineered stone re-installation
28th October 2024
Victoria has now implemented a nationally agreed exemption as part of the national ban on engineered stone slabs, benchtops and panels.
As you are aware, from 1 July 2024, the manufacturing, supplying, processing, and installation of engineered stone benchtops, panels, and slabs in Victoria is now banned.
The prohibition on installation of engineered stone is an essential part of the prohibition. Banning installation prevents the use of prefabricated engineered stone benchtops that outsources the risks associated with deadly silica dust to overseas workers.
However, it has become apparent that the prohibition on installation may be preventing duty holders from undertaking some permitted work in the safest way possible.
When undertaking repair work on a previously installed engineered stone bench top, or work on the cabinetry underneath it, it may be reasonably practicable to remove the engineered stone and re-install it once that work is completed. The prohibition on installation may prevent this re-installation activity, and therefore force duty holders to undertake this work with the engineered stone still installed; increasing risk to workers.
Safe Work Australia, together with state and territory health and safety regulators, have agreed preventing this re-installation was not the intent of the prohibition. To provide certainty to industry and workers, regulators agreed to exempt the re-installation of engineered stone in specific situations.
Key change for Victoria
As of 26 September 2024, it is now permitted for engineered stone benchtops, panels or slabs to be removed and re-installed in the same location when undertaking permitted work, or to implement risk control measures in relation to that work, which may not be feasible if the engineered stone product remained in place.
This exemption does not permit the re-use of engineered stone at another site or in another location at the same site. The exemption only permits re-installation in the same location from which the engineered stone was removed.
If duty holders are performing a permitted engineered stone process, there are requirements under the Occupational Health and Safety (OHS) Regulations 2017 they must comply with.
To view Victoria’s current OHS laws and guidance in relation to engineered stone as well as a range of frequently asked questions please visit the WorkSafe website.
To view the Victorian Government Gazette, please click here.
Should you have any further questions regarding this exemption, please email legislation@worksafe.vic.gov.au.
