Offences against the WHS Regulations are punishable by a monetary penalty .
Table 5 summarises publicly available information on successful prosecutions relating to engineered stone from relevant jurisdictions . A total of 12 successful prosecutions have been reported since 2021 , with many related to the uncontrolled processing ( dry cutting ) of engineered stone materials . These prosecutions are a further example of ongoing issues relating to compliance with WHS laws within the engineered stone industry , and the resistance of some PBCUs within the industry to comply with duties .
Table 5 Summary of successful prosecutions under WHS laws relating to engineered stone
Jurisdiction NSW
Queensland
Tasmania
Victoria
Successful prosecution details
Number One Stone Marble and Granite Pty Ltd �
In February 2023 , Number One Stone Marble and Granite was fined $ 25,000 for failing to provide training on the correct fitting and use of respiratory protective equipment .
EzyStone Benchtops Pty Ltd � Four employees were diagnosed with silicosis . �
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In October 2018 , WHSQ discovered there was no dust suppression for electric grinders , no fit testing for disposable respirators , and worker health was not monitored .
In April 2021 , EzyStone Benchtops was sentenced for failing to ensure the health and safety of its workers and fined $ 240,000 .
Willis Bros Installations Pty Ltd �
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In 2018 , workers were instructed to cut a bench top onsite using an angle grinder instead of returning it to the workshop where it could be cut with appropriate equipment . This exposed two workers to silica dust , as well as two other people who entered the apartment where the work was being done .
In June 2023 , the offender pleaded guilty and was fined $ 32,500 for breaching WHS laws and ordered to pay the prosecutor ' s costs .
Heritage Stone Pty Ltd �
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In November 2018 , WorkSafe Tasmania was notified of concerns about unsafe work practices at a workshop which had resulted in three workers contracting silicosis .
During the investigation , WorkSafe Tasmania found that workers were exposed to RCS dust when dry cutting and shaping engineered stone .
� WorkSafe Tasmania issued 7 Improvement Notices and 1 Prohibition Notice , and charged Heritage Stone with failing to comply with a health and safety duty that exposes a worker to the risk of death or serious injury or illness .
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In February 2022 , Heritage Stone pleaded guilty and was convicted and fined $ 500,000 .
Bas Brother Marble and Granite Pty Ltd �
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In February 2021 , a WorkSafe Inspector attended the workplace and observed an employee using a powered abrasive polishing tool to abrasively polish a slab of white coloured stone which was from the brand Stone Ambassador . The tool was being used without the required control measures in place . Instead , the employee was applying water to the stone from a bottle with a small hole in the lid when the tool was in use .
The offender pleaded guilty and in July 2023 was without conviction sentenced to pay a fine of $ 5,000 and to pay costs of $ 3,906 .
Miter Square Pty Ltd �
In October 2020 , a WorkSafe inspector attended the workplace on two occasions and identified employees were exposed to health and safety risks
DECISION REGULATION IMPACT STATEMENT Prohibition on the use of engineered stone Page 21 of 107