New Requirements for Items made from Engineered Stone (ACT)

Following the changes to the silica dust regulations which took effect on the 1st of July 2024, new requirements for works involving processing engineered stone take effect in the ACT today.

Whilst the previous requirements in the Work Health and Safety Regulation (Chapter 7A – Crystalline silica) introduced a ban on the use of manufacturing engineered stone items, the new requirements focus on works to existing installations.

Regulation 418I states that if the work carried out is –

1. to remove, repair or make minor modifications to installed engineered stone; or
2. to dispose of engineered stone, whether it is installed or not.

Then, before the work is carried out, the regulator (WorkSafe ACT) must be given written notice (you can email a submission here ESNotifications@worksafe.act.gov.au ) –

1. stating the work being carried out; and 
2. describing the type of work being carried out; and 
3. stating the frequency and duration of the work; and 
4. stating any other information in relation to the work required by the regulator.

Once the regulator receives the written notice, they must provide you a receipt of the written notice.

Regulation 418J states that, for a period of 5 years beginning on the day the notice is given to the regulator, you must:

1. keep a copy of the notice; and
2. ensure a copy of the notice is readily accessible; and
3. allow a person to access a copy of the notice upon request.

Summary

The most important change is that before any removal, repair, minor modifications, or disposal of engineered stone items, you must give written notice to the regulator. Additionally, you must keep a readily accessible copy of the notice for a period of 5 years.

See the WHS Regulation in full here: https://www.legislation.act.gov.au/View/a/2011-35/current/html/2011-35.html