3 . What policy options are being considered ?
3 . What policy options are being considered ?
3.1 Overview
Building on the impact analysis undertaken for the Silica Decision RIS , in March and April 2023 , the Agency consulted on 3 different options to prohibit the use of engineered stone . These options are considered a revised base case , which includes those recommendations from the Silica Decision RIS recently agreed to but not yet recommended .
Non-regulatory options were considered as part of the Silica Decision RIS and agreed to by WHS ministers . Given this , no further non-regulatory options were considered here .
3.2 Base case
The base case represents the existing duties under the model WHS Act , the recently amended model WHS Regulations and relevant model Codes of Practice that are described in the Silica Decision RIS . It assumes compliance and enforcement activities of state and territory WHS regulators , and education and awareness activities undertaken by Safe Work Australia , state and territory governments and nongovernment organisations , will continue at current levels .
The base case also incorporates measures recommended in the Silica Decision RIS , and agreed to by WHS ministers at their meeting on 28 February 2023 :
� Option 2 – national awareness and behaviour change initiatives , and
�
Option 5a – regulation of high-risk crystalline silica processes for all materials ( including engineered stone ) across all industries .
For Option 5a , this includes : � developing a silica risk control plan
� � provision of information and training to workers provision of health monitoring for workers , and � undertaking air monitoring and reporting WES exceedances to the WHS regulator .
3.3 Option 1 : Prohibition on the use of all engineered stone
This option would prohibit the use of all engineered stone by PCBUs , irrespective of its silica content .
The prohibition on use of engineered stone would be similar to but not the same as that for asbestos , as per Chapter 8 of the model WHS Regulations . A PCBU would be prohibited from carrying out , or directing or allowing a worker to carry out , work on engineered stone , including manufacture , supply , fabrication ( cutting , shaping , polishing ), installation or use .
The prohibition would apply to any product meeting the definition of engineered stone in the model WHS Regulations .
As for the asbestos regulations , exemptions to the prohibition would apply to certain work with engineered stone that was in place prior to the prohibition , such as removal , repair and minor modification . PCBUs wanting to undertake exempt work with engineered stone already in place ( legacy products ) would require a licence through the licensing framework for work with legacy products .
DECISION REGULATION IMPACT STATEMENT Prohibition on the use of engineered stone Page 27 of 107