There have been a number of recent developments related to the regulation and management of workplace exposure to respirable crystalline silica (RCS). These follow the 2021 National Dust Disease Taskforce recommendations and an increasing number of cases, some highly publicised, of silicosis or silica-related illnesses.
SafeWork Australia's 2023-33 strategy includes respiratory disease focus
In February 2023, Safe Work Australia released its Australian Work Health and Safety Strategy 2023-2033.
Of the eight key targets identified, two targets aim to address cases of respiratory disease:
- reducing the frequency of work-related respiratory diseases by 20%
- no new cases of accelerated silicosis by 2033
SafeWork Australia considers prohibition on use of engineered stone
WHS ministers from a majority of Australian state and territory governments also met earlier this year and agreed to commence work to ban manufactured stone products linked to silicosis or lung disease.
Agreement was reached to implement certain key recommendations from Safe Work Australia's Decision Regulation Impact Statement: Managing the risks of respirable crystalline silica at work (DRIS), including to require further training, air monitoring, and reporting of incidences of over-exposure.
In this context, on 2 March 2023 Safe Work Australia released a Consultation Paper: Prohibition on the use of engineered stone | Engage SWA. The paper outlined three possible approaches for prohibiting the use of engineered stone:
- a prohibition on the use of all engineered stone, with a licensing scheme to ensure that exempt uses, such as removal and repair, are undertaken safely (Option 6 in the DRIS)
- a prohibition on the use of engineered stone containing 40% or more RCS
- a prohibition on the use of engineered stone containing 40% or more RCS and licensing of PCBUs working with engineered stone containing less than 40% RCS
Safe Work Australia is expected to finalise its consideration of these options by late 2023.
Safe Work Australia – reduction in Workplace Exposure Standards
In March 2023, Safe Work Australia announced a further reduction of the Workplace Exposure Standards (WES) for RCS – recommending changes to the 8-hour time weighted average WES for RCS from 0.05mg/m³ crystalline silica to 0.025mg/m³ crystalline silica (with a 3 year transition period). The WES set by Safe Work Australia is relevant to a number of obligations under the model Work Health and Safety Regulations – including the obligation to ensure that persons at a workplace are not exposed to levels exceeding the WES, and to carry out monitoring of airborne contaminants. This is a significant reduction, halving the WES which was previously halved from 0.1mg/m³ in 2020.
Code of Practice – Construction industry Queensland
On 1 May 2023, Australia's first code of practice for silica dust in the construction industry, the Code of Practice: Managing respirable crystalline silica dust exposure in construction and manufacturing of construction elements (Code), commenced in Queensland. This Code applies to all construction work and the manufacturing of a range of materials, including bricks, wall panels, grout, tiles, blocks, concrete and mortar. Organisations must comply with the Code or be able to demonstrate that they are managing risks to a standard which is equal to or better than the approach in the Code.
Proposed National Occupational Disease Registry Bill introduced to Federal Parliament
In late June 2023, a Bill was introduced to Federal Parliament to establish a National Occupational Respiratory Disease Registry. If the Bill is passed in its current form, the Registry would require medical practitioners to report instances of individuals diagnosed with, or being treated for, a 'prescribed occupational respiratory disease' (currently proposed to include silicosis) subject to some limited exceptions.
What does this mean for businesses that work with materials containing RCS?
Given these RSC developments, it is time to review your existing WHS systems – if you have not done so already – and to develop a strategy for managing the risks that arise from RCS. For those in Queensland's construction industry, this means mapping your systems to ensure they align to the new Code.
For those operating outside of Queensland's construction industry, it would be prudent to consider whether the Queensland Code contains any reasonably practicable steps to implement in your operations - at least while further reforms remain under consideration.
For all, it is important to keep up to date with the RSC reforms proposed which may impact on your operations.
As part of your safety management framework you will need to ensure, on an ongoing basis, that you are:
- Assessing any RSC related risks at your sites
- Reviewing any current control measures
- Air monitoring, if concerns exist with RCS levels
If you are aware that RCS is present, as part of a broader action plan, you should be:
- Eliminating the risk, if possible
- Implementing engineering controls and using respiratory protective equipment
- Reviewing and maintaining a health monitoring program
If you have any questions, please contact a member of our Work Health and Safety team.
