Safe Work Australia RIS on Engineered stone August 2023

Table 4 Duty holders under the model WHS legislation

Duty holder Duties

PCBUs	�	primary duty of care to ensure the health and safety of workers
	�	ensure others are not put at risk from work carried out by the business
	�	eliminate risks arising from exposure to RCS or , where not reasonably practicable , minimise the risks so far as is reasonably practicable to workers and other persons at the workplace : • provision and maintenance of workplace environment without risks to health and safety • provision of safe systems of work • provision of any necessary information / training / instruction / supervision , and • consultation with workers or their representatives .
	�	ensure no one at workplace exposed to RCS at a concentration above the workplace exposure standard
	�	must not process , or direct or allow a worker to process , engineered stone unless the processing of the stone is controlled
	�	undertake air monitoring in breathing zone of workers if there is uncertainty that the workplace exposure standard is being exceeded or if it is necessary to determine whether there is a risk to a worker ’ s health
	�	provide and pay for health monitoring for workers if they carry out ongoing work generating RCS , or if there is a significant risk to the worker ’ s health because of exposure , and
	�	prepare a Safe Work Method Statement for any high risk construction work that may generate RCS .

Designers , manufacturers , importers , suppliers and those who install or commission plant , substances or structures

� must ensure , so far as is reasonably practicable , that the silica containing products they design , manufacture , import , supply or install are without risk to health and safety . This includes undertaking necessary testing and providing adequate information about the hazards of their silica containing products .

Duties of workers	�	take reasonable care for their own health and safety
	�	take reasonable care to not adversely affect the health and safety of other persons
	�	comply as far as they are reasonably able with any reasonable WHS instructions given by the PCBU , such as participating in health monitoring and wearing relevant personal protective equipment ( PPE ), and
	�	co-operate with any reasonable policy or procedure relating to WHS at the workplace that has been notified to them .

Duties of officers ( of body corporate PCBUs )	�	must exercise due diligence to ensure the PCBU complies with its
		duties under the WHS Act and WHS Regulations .

Duties of other persons at the workplace	�	must take reasonable care for their own health and safety and must take care not to adversely affect other people ’ s health and safety , and
	�	must comply , so far as they are reasonably able , with reasonable instructions given by the PCBU to allow that person to comply with the WHS Act .

DECISION REGULATION IMPACT STATEMENT Prohibition on the use of engineered stone Page 18 of 107

Safe Work Australia RIS on Engineered stone August 2023 | Page 19