enforced , and a perception amongst businesses that non-compliance can go unpunished .” This is further supported by submissions to NSW Parliament 2021 Review of the Dust Diseases Scheme ; the inquiry report noting “[ a ] n ongoing concern for stakeholders is that there is insufficient compliance and enforcement of existing regulations , with unsafe work practices continuing , leading to preventable silica related illnesses and deaths ” ( NSW Parliament 2022 ).
2.5 The nature of the engineered stone industry
Engineered stone has become the dominant benchtop material in Australia , commanding an estimated 55 % market share , due to a combination of factors including aesthetics , durability , price , and ease of processing .
In addition to the faster processing time of engineered stone , the ease with which this product can be fabricated means less skill is required to handle these materials compared to more brittle natural stone slabs and many workers in this industry do not have formal stonemason qualifications . Additionally , many workers in this industry are from a CALD background . More than half of those workers diagnosed with silicosis in a recent study in Victoria had migrated to Australia ( Hoy , et al . 2023 ). CALD workers are at increased risk of occupational disease more broadly ( Hargreaves , et al . 2019 ), and a recent case study of silicosis in engineered stone workers in California highlights this issue ( Fazio , Gandhi and Flattery 2023 ) ( Hua , Rose and Redlich 2023 ). PCBUs need to ensure culturally and linguistically appropriate WHS training . The language diversity in engineered stone businesses in Australia is well understood , with one third of engineered stone businesses in NSW using a language other than English on the shop floor , with Mandarin being the most common language ( Australian Institute of Occupational Hygienists 2023 ).
There is evidence of lack of industry awareness of the risks of engineered stone . PCBUs in the engineered stone industry had limited awareness of the risks of workplace exposure to the dust from engineered stone . They also lacked awareness of their duties to manage those risks , including to assess the risks and implement the necessary control measures to keep their workers safe . The small size of many fabrication businesses ( less than 20 employees ) means they may also have less ability to invest in automation and other technology to minimise risks , with a resultant increase in the use of handheld tools , which is likely to lead to increased worker exposure to RCS .
Workers too were often unaware of those risks and their PCBU ’ s duties , as well as their rights and responsibilities .
The nature of the engineered stone industry and the associated workforce also means that some of the mechanisms in the model WHS laws that assist to better manage health and safety risks in workplaces were also less likely to be present . For example , there is unlikely to be an HSR or a health and safety committee at these workplaces . Where present , an HSR or a health and safety committee can monitor compliance with the WHS laws and raise concerns about risks to health and safety in the business .
2.6 Silicosis disease onset and profile differs in engineered stone workers
Silicosis from exposure to dust from engineered stone is associated with shorter duration of exposure prior to onset of symptoms and diagnosis ; more rapid disease progression and higher mortality ( Hoy , et al . 2023 ) ( Wu , Xue and Yu 2020 ) ( Fazio , Gandhi and Flattery 2023 ). This has been suggested to be due to different nature of RCS in engineered stone and / or the effects of other components in the engineered stone , such as resins , pigments and metals .
DECISION REGULATION IMPACT STATEMENT Prohibition on the use of engineered stone Page 23 of 107