Model Work Health and Safety Regulations (Engineered Stone) Amendment 2024

Protection of human health or safety (TBT)

The measure will apply to:Engineered stone slabs, panels, and benchtops. Prohibited ‘engineered stone’ will be defined as an artificial product that contains 1% or more crystalline silica (determined as a weight/weight (w/w) concentration), is created by combining natural stone materials with other chemical constituents (such as water, resins or pigments) and becomes hardened. Engineered stone does not include concrete and cement products, bricks, pavers and other similar blocks, ceramic wall and floor tiles, grout, mortar and render, plasterboard, porcelain products, sintered stone and roof tiles. This captures the following HS codes:6802Worked monumental or building stone (except slate) and articles thereof, other than goods of 6801.00.00; mosaic cubes and the like, of natural stone (including slate), whether or not on a backing; artificially coloured granules, chippings and powder, of natural stone (including slate)6802.29.00Other stone6802.99.00: Other stone6810Articles of cement, of concrete or of artificial stone, whether or not reinforced6810.19.00: Other6810.91.00: Prefabricated structural components for building or civil engineering6810.99.00: Other6814Worked mica and articles of mica, including agglomerated or reconstituted mica, whether or not on a support of paper, paperboard or other materials6814.10.00: Plates, sheets and strips of agglomerated or reconstituted mica, whether or not on a support6814.90.00: Other

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6802 - Monumental or building stone, natural (excl. slate), worked, and articles; mosaic cubes etc. of natural stone, incl. slate, whether or not on a backing; artificially coloured granules, chippings, powder, of natural stone, incl. slate (excl. setts, curbstones, flagstones; articles of fused basalt and of fired steatite; jewellery, clocks, lamps and parts; buttons, chalks, original sculptures and statuary); 6810 - Articles of cement, concrete or artificial stone, whether or not reinforced; 6814 - Worked mica and articles of mica, incl. agglomerated or reconstituted mica, whether or not on a support of paper, paperboard or other materials (excl. electrical insulators, insulating fittings, resistors and capacitors, protective goggles of mica and their glasses, and mica in the form of Christmas tree decorations)

The manufacture, supply, processing and installation of engineered stone slabs, panels, and benchtops will be prohibited in all Australian states and territories from 1 July 2024. Prohibited ‘engineered stone’ will be defined in the legislation as an artificial product that contains 1% or more crystalline silica (determined as a weight/weight (w/w) concentration), is created by combining natural stone materials with other chemical constituents (such as water, resins or pigments) and becomes hardened. However, engineered stone does not include concrete and cement products, bricks, pavers and other similar blocks, ceramic wall and floor tiles, grout, mortar and render, plasterboard, porcelain products, sintered stone and roof tiles. Other engineered stone products are not affected by the prohibition.To have effect, the prohibition will need to be implemented in jurisdictional work health and safety laws. Australia has a harmonised work health and safety system achieved by the adoption in each jurisdiction (other than Victoria) of the model Work Health and Safety laws developed by Safe Work Australia, a tripartite body representing all jurisdictions as well as employer and worker representatives. All jurisdictions other than the state of Victoria have implemented the model laws, and Victoria has similar laws. In this case the model law amendments reflect the agreed national policy to be implemented in each state and territory and the Commonwealth.The Commonwealth government has indicated an intention to introduce an import prohibition to complement the prohibition on use. Timing is still to be determined.

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