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� � � failure to provide or ensure proper use of personal protective equipment ( PPE ) including proper fit of respiratory protective equipment ( RPE )
failures in housekeeping leading to further exposure to silica dust failure to make available safety data sheets uncontrolled / dry processing of engineered stone , and � evidence of airborne silica dust .
Non-compliance with these duties is an issue regardless of the crystalline silica content of engineered stone . There is a need to address the ongoing compliance issues with all WHS laws and not just those related to exposure to RCS in this industry .
Several factors identified during consultation may be influencing the levels of compliance , including financial costs of complying with the model WHS laws , workplace cultures with embedded non-compliant practices , and a lack of access to persons with specific competency for conducting health and air monitoring .
2.4.1.2 Prosecutions
In addition to compliance notices , WHS regulators have the power to take further actions including enforceable undertakings and prosecutions .
An enforceable undertaking is a legally binding agreement between the WHS regulator and a person . It is given in connection to a contravention , or alleged contravention , of the WHS Act and is an alternative to prosecution .
Alternately , criminal proceedings may be brought for a breach of a WHS offence provision . There are three categories of offences under the model WHS Act for a breach of a health and safety duty , including :
� category 1 offence – where a duty holder , without reasonable excuse , engages in conduct that recklessly or with gross negligence exposes a person to a risk of death or serious injury or illness . This is the most serious category
� category 2 offence – where a duty holder fails to comply with a health and safety duty that exposes a person to risk of death or serious injury or illness , and
� category 3 offence – where a duty holder fails to comply with a health and safety duty .
A court will impose a penalty , such as a fine or in some cases a term of imprisonment , on a person found guilty of one of these offences .
In addition , there are numerous offences created by the model WHS Regulations for breaches of specific obligations relevant to RCS exposure including a failure to :
� manage risks to health and safety associated with generating a hazardous chemical at a workplace ( reg 351 )
� ensure exposure standards are not exceeded ( reg 49 ) � monitor airborne contaminant levels ( reg 50 ), and � provide PPE to workers and ensure its use , maintenance , repair etc ( reg 44 ).
DECISION REGULATION IMPACT STATEMENT Prohibition on the use of engineered stone Page 20 of 107