7 . Implementation and evaluation
7 . Implementation and evaluation
7.1 Implementation
Should WHS ministers agree to the preferred option in this Decision RIS ( Option 1 ), the model WHS Regulations will be amended to introduce a prohibition on the use of all engineered stone , with exemptions for certain work on previously installed stone .
Amendments to the model WHS Regulations will be drafted by the Australasian Parliamentary Counsel ’ s Committee ( PCC ) and once made , published on the Safe Work Australia website . For the amendments to the model WHS Regulations to apply , each jurisdiction will need to implement them separately through amendments to their jurisdictional WHS Regulations .
To avoid asynchronous implementation of the changes across jurisdictions , WHS ministers may wish to consider setting an implementation date , noting that this date will need to allow sufficient time for PCC to draft the amendments to the model WHS Regulations , and for jurisdictions to amend their legislation .
A transitional period for industry beyond that required to draft changes to the model WHS Regulations and implementation in jurisdictions is not recommended . A prohibition on engineered stone has been recommended due to the devastating impact that exposure to RCS from engineered stone can have on workers ; and it is not appropriate to delay action . The time period between WHS ministers ’ decision and implementation of changes in jurisdictional WHS laws will act as a notification period for PCBUs , workers and consumers .
As is usual practice for Safe Work Australia , communications and guidance materials will be developed to assist stakeholders to understand how the amendments to the model WHS Regulations affect them . These materials could be developed prior to the amendments being finalised , to assist stakeholders in their preparations .
7.2 Evaluation
Evaluation will be undertaken by Safe Work Australia to assess the impact of the preferred option on reducing exposure to RCS from engineered stone and eliminating silicosis and other silica-related diseases in engineered stone workers .
7.2.1 Reducing exposure to RCS in engineered stone workers
Under the preferred option , former fabricators and installers of engineered stone will no longer be exposed to RCS . The only work permitted to be undertaken with engineered stone will be for the repair , modification or removal of engineered stone already installed .
Following the decision by WHS ministers in February 2023 to introduce additional regulations of high risk crystalline silica processes , including requirements for air and health monitoring , RCS exposures in these workers will be measured by reviewing the air and health monitoring data provided to WHS regulators . RCS exposures in these workers will also be measured by reviewing relevant jurisdictional compliance and enforcement data .
7.2.2 Silicosis cases
Currently , there are several data sources for silicosis cases – accepted workers ’ compensation claims , jurisdictional health screening programs , and state-based dust disease registers . These will continue to be monitored to evaluate the impact of the preferred option on reducing silicosis cases . Once
DECISION REGULATION IMPACT STATEMENT Prohibition on the use of engineered stone Page 58 of 107