Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2019 (Vic)

Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2019

S.R. No. 71/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4New Part 4.5 inserted

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Endnotes

STATUTORY RULES 2019

S.R. No. 71/2019

Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment (Crystalline Silica) Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 20 August 2019

Responsible Minister:

JILL HENNESSY
Minister for Workplace Safety

PIETA TAVROU

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2017 to prescribe the minimum level of controls that must be used when cutting, grinding or undertaking abrasive polishing of engineered stone.

2Authorising provision

These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.

3Principal Regulations

In these Regulations, the Occupational Health and Safety Regulations 2017[1] are called the Principal Regulations.

4New Part 4.5 inserted

After Part 4.4 of the Principal Regulations insert—

"Part 4.5—Crystalline silica

319AApplication of Part

(1)This Part applies for the period commencing on 20 August 2019 and ending on 19 August 2020.

(2)This Part applies in addition to Part 4.1 .

319BDefinitions

In this Part—

Dust Class H Vacuum means—

(a)a vacuum that complies with the Class H requirements in AS/NZS 60335.2.69 Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use; or

(b)a vacuum that is equivalent to a vacuum referred to in paragraph (a);

engineered stone means a manufactured composite stone material that contains resins and has a crystalline silica content of 80 per cent or greater;

local exhaust ventilation means an engineering control that reduces worker exposure to airborne contaminants in the workplace by capturing the emission at the source and transporting it to a safe emission point or to a filter or scrubber;

respiratory protective equipment means personal protective equipment that—

(a)is designed to protect the wearer from the inhalation of airborne contaminants entering into the nose, mouth and lungs; and

(b)complies with AS/NZS 1716—Respiratory protective devices.

319CUse of power tools—engineered stone

(1)An employer, a self-employed person or a person who manages or controls a workplace must ensure that a power tool is not used for cutting, grinding or abrasive polishing of engineered stone at a workplace unless the use is controlled.

Note

Act compliance—sections 21, 23, 24 and 26 (see regulation 7).

(2)For the purposes of subregulation (1), the use of a power tool is controlled if—

(a)it is used with—

(i)an integrated water delivery system that supplies a continuous feed of water; or

(ii)a commercially available on tool extraction system connected to a Dust Class H Vacuum or other suitable system that captures the dust generated; or

(iii)if subparagraphs (i) and (ii) are not reasonably practicable, local exhaust ventilation; and

(b)the person who is cutting, grinding or undertaking abrasive polishing of engineered stone is provided with respiratory protective equipment.

(3)An employer, a self-employed person or a person who manages or controls a workplace must ensure that any controls used in accordance with subregulation (2) are properly designed, installed, used and maintained so that the controls are effective in reducing exposure to airborne crystalline silica dust generated as a result of cutting, grinding or abrasive polishing of engineered stone.".

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Endnotes

[1] Reg. 3: S.R. No. 22/2017 as amended by S.R. Nos 71/2018 and 176/2018.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4 (inserts new regulation 319B, definition of Dust Class H Vacuum)	AS/NZS 60335.2.69:2017 Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use, published by Standards Australia on 30 June 2017	The whole
Regulation 4 (inserts new regulation 319B, definition of respiratory protective equipment)	AS/NZS 1716:2012—Respiratory protective devices, published by Standards Australia on 13 February 2012	The whole