Occupational Health and Safety Amendment (Engineered Stone Prohibition) Regulations 2024 (Vic)
Occupational Health and Safety Amendment (Engineered Stone Prohibition) Regulations 2024
S.R. No. 63/2024
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Determinations of Authority
7What is a crystalline silica process?
8High risk crystalline silica work
9Application of Subdivision—Subdivision 1 of Division 3 of Part 4.5
10Application of Subdivision—Subdivision 2 of Division 3 of Part 4.5
11Division 4 of Part 4.5 substituted
12Division 5 of Part 4.5 substituted
13Application fees—engineered stone licence
14Matters to be satisfied before licence can be granted
15Form of evidence of licence document
16Additional provisions in relation to an engineered stone licence
17Grounds for suspension or cancellation
18Infringement offences and infringement penalties
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Endnotes
STATUTORY RULES 2024
S.R. No. 63/2024
Occupational Health and Safety Act 2004
Occupational Health and Safety Amendment (Engineered Stone Prohibition) Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 25 June 2024
Responsible Minister:
DANNY PEARSON
Minister for WorkSafe and the TACSAMUAL WALLACE
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are to amend the Occupational Health and Safety Regulations 2017—
(a)to prohibit the installation, processing, supply and manufacture of engineered stone panels, slabs and benchtops; and
(b)to enable the Authority to determine that a product is not engineered stone; and
(c)to revoke provisions relating to engineered stone licences; and
(d)to provide that engineered stone processes are high risk crystalline silica work.
2Authorising provision
These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.
3Commencement
These Regulations come into operation on 1 July 2024.
4Principal Regulations
In these Regulations, the Occupational Health and Safety Regulations 2017[1] are called the Principal Regulations.
5Definitions
(1)In regulation 5 of the Principal Regulations, for the definition of engineered stone substitute—
"engineered stone means an artificial product that—
(a)contains 1% or more crystalline silica, determined as a weight/weight (w/w) concentration; and
(b)is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and
(c)becomes hardened; and
(d)is not any of the following—
(i)a concrete or cement product;
(ii)a brick, paver or other similar block;
(iii)a ceramic wall or floor tile;
(iv)a porcelain product that does not contain resin;
(v)a sintered stone product that does not contain resin;
(vi)a roof tile;
(vii)grout, mortar or render;
(viii)plasterboard;
(ix)a product determined not to be engineered stone by the Authority under regulation 6(1)(ea).".
(2)In regulation 5 of the Principal Regulations, the definitions of engineered stone control plan and engineered stone licence are revoked.
(3)In regulation 5 of the Principal Regulations, in the definition of licence—
(a)in paragraph (d), for "licence; or" substitute "licence;";
(b)paragraph (e) is revoked .
(4)In regulation 5 of the Principal Regulations, in the definition of respiratory protective equipment, omit "and Subdivision 6 of Division 1 of Part 6.1".
6Determinations of Authority
(1)After regulation 6(1)(e) of the Principal Regulations insert—
"(ea)a product that is not engineered stone for the purpose of the definition of engineered stone in regulation 5;".
(2)In regulation 6(1)(oa) of the Principal Regulations, for "319B(g)" substitute "319B(1)(g)".
7What is a crystalline silica process?
(1)In regulation 319B of the Principal Regulations, for "A crystalline silica process" substitute "Subject to subsection (2), a crystalline silica process".
(2)At the end of regulation 319B of the Principal Regulations insert—
"(2)A process that is an engineered stone process is not a crystalline silica process.".
8High risk crystalline silica work
For regulation 319C of the Principal Regulations substitute—
"319C What is high risk crystalline silica work?
High risk crystalline silica work is—
(a)an engineered stone process; or
(b)work performed in connection with a crystalline silica process that is reasonably likely to result in—
(i)an airborne concentration of respirable crystalline silica that exceeds half the exposure standard for respirable crystalline silica; or
(ii)a risk to the health of a person at the workplace.".
9Application of Subdivision—Subdivision 1 of Division 3 of Part 4.5
Regulation 319I(2) of the Principal Regulations is revoked.
10Application of Subdivision—Subdivision 2 of Division 3 of Part 4.5
Regulation 319P(2) of the Principal Regulations is revoked.
11Division 4 of Part 4.5 substituted
For Division 4 of Part 4.5 of the Principal Regulations substitute—
"Division 4—Prohibition on work involving engineered stone benchtops, panels or slabs
319YProhibition on work involving engineered stone benchtops, panels or slabs
An employer, a self-employed person, or a person who (whether as an owner or otherwise) has, to any extent, the management or control of a workplace, must not carry out, or direct or allow a person under the person's management or control or an employee of the employer or self‑employed person to do, any of the following—
(a)install, manufacture, or supply engineered stone benchtops, panels or slabs;
(b)perform an engineered stone process involving benchtops, panels or slabs.
Penalty:100 penalty units for a natural person;
500 penalty units for a body corporate.
319ZExceptions for installation
Regulation 319Y does not apply to the installation of engineered stone benchtops, panels or slabs carried out for one or more of the following purposes—
(a)research or analysis;
(b)to sample or identify engineered stone.
319ZAExceptions for supply
Regulation 319Y does not apply to the supply of engineered stone benchtops, panels or slabs carried out for one or more of the following purposes—
(a)research or analysis;
(b)to sample or identify engineered stone;
(c)to dispose of engineered stone.
319ZBExceptions for processing
Regulation 319Y does not apply to an engineered stone process involving benchtops, panels or slabs that—
(a)is carried out for one or more of the following purposes—
(i)research or analysis;
(ii)to sample or identify engineered stone;
(iii)to remove, repair or make modifications to engineered stone that is already installed;
(iv)to dispose of engineered stone; and
(b)is carried out in accordance with Subdivision 3 of Division 3 of Part 4.5.".
12Division 5 of Part 4.5 substituted
For Division 5 of Part 4.5 of the Principal Regulations substitute—
"Division 5—Transitional provisions—engineered stone licences
319ZCHealth monitoring to be conducted by specialist registered medical practitioner
(1)This regulation applies if, immediately before 1 July 2024, an employer—
(a)was the holder of an engineered stone licence within the meaning of regulation 5 as in force immediately before that day; and
(b)was required to ensure that health monitoring was carried out for an employee by—
(i)a specialist occupational and environmental physician; or
(ii)a specialist respiratory and sleep medicine physician.
(2)If, on or after 1 July 2024, the employer is required under regulation 169 to ensure that health monitoring is carried out for an employee described in subregulation (1)(b), the employer must ensure that health monitoring for that employee is carried out under the supervision of—
(a)a specialist occupational and environmental physician; or
(b)a specialist respiratory and sleep medicine physician.
Note
Act compliance—section 22 (see regulation 7).
(3)In this regulation—
specialist occupational and environmental physician means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner (other than as a student) in the specialty of occupational and environmental medicine;
specialist respiratory and sleep medicine physician means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner (other than as a student) in the specialty of physician in the field of specialty practice of respiratory and sleep medicine.
319ZDProviding health monitoring reports to the Authority
(1)If an employer is required to ensure that health monitoring is carried out in accordance with regulation 319ZC, the employer must, within 30 days of receiving any health monitoring report that relates to the health of the employee, provide a copy of that report to the Authority.
Penalty:60 penalty units for a natural person;
300 penalty units for a body corporate.
(2)The employer is not required to provide the Authority with a health monitoring report under regulation 170 if that report would be identical to that which is provided under subregulation (1).
319ZEStatement of work
(1)This regulation applies if, immediately before 1 July 2024, an employer—
(a)was the holder of an engineered stone licence within the meaning of regulation 5 immediately before that day; and
(b)employed an employee who worked with a manufactured composite stone material that contained—
(i)resins; and
(ii)40% or more crystalline silica.
(2)The employer must, by 1 October 2024, give the employee a written statement that—
(a)specifies the period up until 1 July 2024 during which the employee worked with the manufactured composite stone material described in subregulation (1)(b); and
(b)contains a statement advising the employee to have periodical health assessments and details of the types of tests that are relevant.
Penalty:60 penalty units for a natural person;
300 penalty units for a body corporate.".
13Application fees—engineered stone licence
Regulation 451A of the Principal Regulations is revoked.
14Matters to be satisfied before licence can be granted
In the Note at the foot of regulation 452(1) of the Principal Regulations, for "licences), Subdivision 5 (major hazard facility licences) and Subdivision 6 (engineered stone licences)" substitute "licences) and Subdivision 5 (major hazard facility licences)".
15Form of evidence of licence document
In regulation 456 of the Principal Regulations—
(a)in paragraph (i), for "the facility;" substitute "the facility.";
(b)paragraph (j) is revoked.
16Additional provisions in relation to an engineered stone licence
Subdivision 6 of Division 1 of Part 6.1 of the Principal Regulations is revoked.
17Grounds for suspension or cancellation
In regulation 496 of the Principal Regulations—
(a)in paragraph (h)(ii), for "safety;" substitute "safety.";
(b)paragraph (i) is revoked.
18Infringement offences and infringement penalties
(1)In item 1AA of the Table in Schedule 20 to the Principal Regulations, for "319ZD(1)" substitute "319ZC(2)".
(2)Items 37D, 37E and 37F of the Table in Schedule 20 to the Principal Regulations are revoked.
(3)In item 37G of the Table in Schedule 20 to the Principal Regulations for "319ZE(1)" substitute "319ZD(1)".
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ENDNOTES
[1] Reg. 4: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020, 8/2021, 88/2021, 112/2021, 137/2021 and 53/2022.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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