Chapter 8A: WHS Silica and Engineered Stone

Regulatory citation: Model Work Health and Safety Regulations, Chapter 8A, Crystalline Silica Substances and Engineered Stone (regulations 529A to 529L)

What Is Chapter 8A?

Chapter 8A of the model Work Health and Safety Regulations was added in 2024. It does two things. It bans engineered stone benchtops, panels and slabs from 1 July 2024, and it sets controls for processing any crystalline silica substance (CSS) across all industries from 1 September 2024.

A crystalline silica substance is any material that contains at least 1% crystalline silica by weight. Engineered stone is an artificial product containing at least 1% crystalline silica, made by combining natural stone with other materials and hardening it. Concrete, cement, bricks, tiles, porcelain products and sintered stone are not engineered stone.

Why These Rules Matter

Breathing respirable crystalline silica can cause silicosis, lung cancer and other diseases. Engineered stone can contain very high levels of silica, and Australia saw a sharp rise in accelerated silicosis among young stone benchtop workers before the ban.

Core Obligations

1. Do Not Use Engineered Stone (Regulation 529D)

A person must not manufacture, supply, process or install engineered stone benchtops, panels or slabs. Exceptions cover research, sampling and identification, and work on legacy stone that is already installed.

2. Notify Before Working on Legacy Stone (Regulations 529F to 529J)

Removal, repair, minor modification and disposal of installed engineered stone is allowed, but any processing must be controlled. The regulator must be notified in writing before the work, or as soon as practicable if advance notice was not reasonably possible. Changes must be notified within 30 days, a new notice is needed if work continues 12 months after the last one, and notices must be kept for 5 years. Exemption instruments made in 2025 allow a removed legacy benchtop to be reinstalled in the same place in limited circumstances, for example to repair cabinetry.

3. Control All Processing of Crystalline Silica Substances (Regulations 529B and 529C)

Processing includes cutting, grinding, drilling, tunnelling and quarrying. Any processing of a CSS must be controlled using measures such as water suppression, on-tool extraction or local exhaust ventilation, combined with respiratory protection.

4. Assess Whether Processing Is High Risk (Regulation 529CA)

Before processing a CSS, the PCBU must assess in writing whether it is high risk, ignoring the control measures and PPE in place. If the PCBU cannot tell, the processing must be treated as high risk.

5. Prepare a Silica Risk Control Plan (Regulations 529CB and 529CC)

High risk processing needs a written silica risk control plan before work starts. In high risk construction work, a safe work method statement can serve as the plan. The plan must be given to workers, work must stop if it is not being followed, and the plan must be reviewed.

6. Train Workers (Regulation 529CD)

Workers doing high risk processing must complete accredited or regulator-approved training. Training records must be kept for 5 years after the worker leaves.

7. Monitor the Air and Workers' Health (Regulation 529CE)

Air monitoring and health monitoring are required for high risk processing. The exposure standard for respirable crystalline silica is 0.05 mg/m³ as an 8-hour time-weighted average. If air monitoring shows the standard has been exceeded, the results must be given to the regulator within 14 days.

Common Compliance Approaches

Engineer Out the Dust

Use wet cutting, on-tool extraction and vacuum dust collection with an H-class filter rather than relying on respirators alone.

Check Product Data

Use safety data sheets to confirm silica content, and treat materials as a CSS if the content is unknown.

Example: Silica Controls in Practice

A kitchen renovation business is asked to remove an engineered stone benchtop installed in 2019. It notifies the regulator before starting, prepares a silica risk control plan, and uses a wet saw and on-tool extraction for the few cuts needed to free the benchtop from the wall. Workers wear fitted respirators, and the business arranges health monitoring because the processing is high risk. The new benchtop is a natural stone product, since engineered stone can no longer be installed.

Related regulations: WHS airborne contaminants and exposure standards, WHS hazardous chemicals, OSHA silica in general industry.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Each state and territory adopts them through its own legislation. Victoria applies its own ban and high risk silica rules under its OHS Regulations, does not require notification for legacy stone work and does not recognise the national exemptions. Workplace exposure standards are being renamed workplace exposure limits from 1 December 2026, and the silica value is still under review. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Is engineered stone banned in Australia?

Yes. Since 1 July 2024, manufacturing, supplying, processing and installing engineered stone benchtops, panels and slabs is prohibited, with limited exceptions for legacy stone and research.

Can I remove an old engineered stone benchtop?

Yes, but processing must be controlled and, in jurisdictions using the model regulations, the regulator must be notified before the work starts.

Does Chapter 8A apply to concrete cutting?

Yes. Concrete is not engineered stone, but it usually contains more than 1% crystalline silica, so cutting or grinding it is processing a crystalline silica substance and must be controlled.