2.4 Inadequate levels of compliance in the engineered stone industry
2.4.1 Lack of compliance with the model WHS laws
Engineered stone workers have contracted silicosis and other silica-related diseases because they have not been adequately protected from exposure to RCS dust . This is the result of a failure of PCBUs to ensure the health and safety of workers , as required by the model WHS laws . Workers have also failed to take reasonable care for their own health and safety and ensure that their acts or omissions do not adversely affect the health and safety of others .
Importers , suppliers and manufacturers of engineered stone products have failed to comply with their upstream duties to ensure these products are without risks to health and safety of the workers who will use the products . Most have not provided engineered stone PCBUs with adequate information about the hazardous properties of the products and the conditions necessary to ensure that the products are without risks to the workers ’ health and safety in the fabrication processes . Where information is supplied by importers , manufacturers and suppliers there is little consistency about the hazardous properties of their products . This is likely to cause confusion and uncertainty on the part of PCBUs about the nature and extent of the risks to their workers .
For example , while some suppliers provide a safety data sheet ( SDS ) with their engineered stone product , the SDS may state that the product is ‘ not classified as hazardous ’ but then disclose that dust created when the product is processed may contain crystalline silica that may be respirable .
Other suppliers provide an SDS that states the product is hazardous because of the dust created when the product is processed and note the control measures required in handling the product including wet cutting and the use of RPE .
Commonwealth , state and territory WHS regulators are responsible for the enforcement of WHS laws in their jurisdictions . Despite WHS regulators indicating that they have observed a general improvement in compliance in the engineered stone industry in recent years , data from WHS regulators indicates that non-compliance with WHS laws , relating to a broad range of regulatory duties , continues to occur in the engineered stone industry , evident by , for example , the number and types of notices issued and prosecutions undertaken by WHS regulators or relevant government prosecutors .
2.4.1.1 Notices
PCBUs must comply with the WHS laws in their jurisdictions . If PCBUs contravene these laws , WHS regulators can issue a range of notices , including :
� improvement notices – requires action to be taken to address a safety issue or if workers ’ compensation requirements are not being met
�
� prohibition notices – can be issued if an activity at work involves a more serious risk to health or safety , a prohibition notice requires the PCBU to stop work immediately until the risk is rectified , and
penalty / infringement notices – can be issued for certain serious offences , for example failing to comply with a prohibition notice . These notices are accompanied by a monetary fine specified in legislation .
For the engineered stone industry , data supplied by WHS regulators for the period 2018 – 2022 shows that notices were commonly issued for non-compliances with the WHS laws related to :
� failure to undertake air and health monitoring
� failure to provide training and instruction
DECISION REGULATION IMPACT STATEMENT Prohibition on the use of engineered stone Page 19 of 107