Work Health and Safety (Engineered Stone) Amendment Regulations 2023 (SA)

South Australia

Work Health and Safety (Engineered Stone) Amendment Regulations 2023

under the Work Health and Safety Act 2012

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Work Health and Safety Regulations 2012

3            Amendment of regulation 5—Definitions

4            Amendment of regulation 144—Meaning of electrical equipment

5            Amendment of regulation 163—Duty of person conducting business or undertaking

6            Insertion of Chapter 4 Part 9

Part 9—Processing engineered stone containing crystalline silica

184A       Duty to prevent uncontrolled processing of engineered stone

7           Amendment of regulation 221—Plant used in connection with tree lopping

8            Amendment of Schedule 13—Placard requirements

Part 1—Preliminary

1—Short title

These regulations may be cited as the Work Health and Safety (Engineered Stone) Amendment Regulations 2023.

2—Commencement

These regulations come into operation on 1 September 2023.

Part 2—Amendment of Work Health and Safety Regulations 2012

3—Amendment of regulation 5—Definitions

Regulation 5, definition of boiler, (e)(iii)—delete "AS 2593:2004" and substitute:

AS 2593:2021

4—Amendment of regulation 144—Meaning of electrical equipment

Regulation 144(1), definition of electrical equipment, (d)—delete "AS 2832.1‑2004" and substitute:

AS 2832.1:2015

5—Amendment of regulation 163—Duty of person conducting business or undertaking

Regulation 163—delete "AS/NZS 3012:2010" wherever occurring and substitute in each case:

AS/NZS 3012:2019

6—Insertion of Chapter 4 Part 9

Chapter 4—after Part 8 insert:

Part 9—Processing engineered stone containing crystalline silica

184A—Duty to prevent uncontrolled processing of engineered stone

(1)A person conducting a business or undertaking must not process, or direct or allow a worker to process, engineered stone unless the processing of the stone is controlled.

Maximum penalty:

(a)In the case of an individual—$6 000.

(b)In the case of a body corporate—$30 000.

(2)In subregulation (1), processing of engineered stone is controlled if—

(a)at least 1 of the following systems is used while the engineered stone is processed:

(i)a water delivery system that supplies a continuous feed of water over the stone being processed to suppress the generation of dust;

(ii)an on‑tool extraction system;

(iii)a local exhaust ventilation system; and

(b)each worker who is processing engineered stone is provided with respiratory protective equipment.

(3)In this regulation—

engineered stone means an artificial product that—

(a)contains crystalline silica; and

(b)is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and

(c)undergoes a process to become hardened,

but does not include the following:

(d)concrete and cement products;

(e)bricks, pavers and other similar blocks;

(f)ceramic and porcelain wall and floor tiles;

(g)roof tiles;

(h)grout, mortar and render;

(i)plasterboard;

processing, in relation to engineered stone, means using power tools or other mechanical plant to cut, grind, trim, sand, abrasive polish or drill the engineered stone;

respiratory protective equipment means personal protective equipment that—

(a)is designed to prevent a person wearing the equipment from inhaling airborne contaminants; and

(b)complies with AS/NZS 1716:2012 (Respiratory protective devices).

Note—

Regulations 44 and 46 apply to the use of personal protective equipment, including the respiratory protective equipment provided under subregulation (2)(b).

7—Amendment of regulation 221—Plant used in connection with tree lopping

Regulation 221(2), definition of harness—delete "AS/NZS 1891.1:2007 (Industrial fall‑arrest systems—Harnesses and ancillary equipment)" and substitute:

AS/NZS 1891.1:2020 (Personal equipment for work at height—Manufacturing requirements for full body combination and lower body harnesses)

8—Amendment of Schedule 13—Placard requirements

1. Schedule 13, clause 3(3), definition of red—delete "AS 2700S–1996" and substitute:

   AS 2700S–2011

2. Schedule 13, clause 5(3)(d), Figure 13.3—delete Figure 13.3 and substitute:

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 3 August 2023

No 83 of 2023