Australia to Ban Engineered Stone: What does this mean for you?

Following a decision made by Safe Work Australia ministers on 13‭ ‬December 2023‭, ‬New South Wales‭, ‬Victoria and Queensland will prohibit the use‭, ‬supply and manufacture of all engineered stone‭, ‬in effect from 1‭ ‬July 2024‭. ‬

Engineered Stone Ban

Following a decision made by Safe Work Australia ministers on 13 December 2023, New South Wales, Victoria and Queensland will prohibit the use, supply and manufacture of all engineered stone, in effect from 1 July 2024. Engineered stone is classified as an artificial product that contains a harmful substance called ‘crystalline silica’.

The silica dust that is generated when workers cut or polish engineered stone, has been heavily linked with a high number of cases of silicosis. Scientific evidence gathered by Safe Work Australia has revealed that the respirable crystalline silica particles are toxic, and therefore a major health risk.

When Does it Come Into Affect?

The ban will not come into effect until Safe Work Australia ministers officially adopt the amendments into current WHS laws. Until then, businesses can continue to work with engineered stone in a way that adheres with the current WHS regulations (this could be a hyperlink which takes you to the WHS regulations). It is also important to note that engineered stone products already installed, pose no health risks, provided they remain undisturbed. Jurisdictions will therefore manage any arrangements to work with pre-installed engineered stone, in accordance with a new nationwide guideline.

The Result of This

As a result of this prohibition, disputes are likely to arise where contracts entered into for the use of engineered stone, prior to the ban being implemented, are no longer able to be fulfilled. Additionally, as heavy construction delays ensue, subsequent disputes may develop in relation to extensions of time to previously established building contracts.

If you are a builder or owner, and have questions or concerns about how this impending ban will impact any contract that you currently have in place, please contact Aaran Johnson or Bharath Balasubramanian to discuss how Marsdens can assist you.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.