( iii ) undergoes a process to become hardened .
Engineered stone does not include : concrete and cement products ; bricks , pavers and other similar blocks ; ceramic and porcelain wall and floor tiles ; roof tiles ; grout , mortar and render ; and plasterboard .
The model Code of Practice : Managing the risks of respirable crystalline silica from engineered stone in the workplace ( the model Code ), published in October 2021 , outlines specific ways in which PCBUs working with engineered stone can comply with their WHS duties and describes effective ways to identify and manage the risks from silica .
In most cases , following an approved code of practice would achieve compliance with the health and safety duties in a jurisdiction ’ s WHS Act and Regulations . Courts may have regard to an approved code of practice as evidence of what is known about a hazard , risk , risk assessment or risk control and may rely on the code to determine what is reasonably practicable in the circumstances .
To have legal effect in a jurisdiction , a model Code must be approved as a code of practice in that jurisdiction . As of June 2022 , the model Code has been implemented in New South Wales and Tasmania . In 2019 , Queensland implemented a Code of Practice : Managing respirable crystalline silica dust exposure in the stone benchtop industry covering natural and engineered stone ( Workplace Health and Safety Queensland 2019 ). WorkSafe Victoria has also implemented a Compliance Code : Managing Exposure to Crystalline Silica - Engineered Stone ( WorkSafe Victoria 2020 ).
The model Code : � clarifies that the on-site installation of engineered stone is considered high risk construction work if the processes used to install , modify or repair the engineered stone such as , cutting , grinding , trimming , drilling , sanding , or polishing generate RCS and contaminates the work area
� requires PCBU ( s ) to prepare a SWMS before any on-site installation of engineered stone that involves any processing , modification or repair of engineered stone that may generate RCS , and
� clarifies the duties for PCBUs working with engineered stone to undertake air and health monitoring .
Duties of designers , manufacturers , importers , suppliers and those who install or commission substances , plant or structures
A designer , manufacturer , importer or supplier of silica containing products must ensure , so far as is reasonably practicable , that the silica containing product they design , manufacture , import , supply or install is without risk to health and safety 30 . This includes undertaking necessary testing and providing adequate information 31 about the silica containing product .
Suppliers of equipment ( such as hand-held water-fed power tools or RPE ) should take all reasonable steps to ensure appropriate information about the safe use of the equipment is available .
A PCBU who installs , constructs or commissions structures must also ensure , so far as is reasonably practicable , all workplace activity relating to the plant or structure including its decommissioning or
30 model WHS Act ss22-26 .
31
The term ‘ adequate information ’ is not defined in the model WHS Act . A number of suppliers provide a safety data sheet ( SDS ) with their engineered stone products . An importer or manufacturer must prepare an SDS for a ‘ hazardous chemical ’ in accordance with reg 330 . However , in a number of cases , the SDS provided states that the engineered stone product is classified as not hazardous but notes that the product when cut or machined may produce crystalline silica . In other cases , the SDS identifies the risks from RCS generated when the product is cut , grinded or machined .
DECISION REGULATION IMPACT STATEMENT Prohibition on the use of engineered stone Page 68 of 107