Work Health and Safety (General) Amendment Regulations (No. 2) 2024 (WA)
Western Australia
Work Health and Safety Act 2020
Western Australia
Work Health and Safety Act 2020
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website (
publication day );(b) Part 3 — on 1 September 2024;
(c) the rest of the regulations — on the day after publication day.
These regulations amend the
In regulation 5 insert in alphabetical order:
Delete Part 4.9.
After regulation 529 insert:
(1A) In this regulation —
(a) means crystalline polymorphs of silica; and
(b) includes the following substances —
(i) cristobalite;
(ii) quartz;
(iii) tridymite;
(iv) tripoli.
(1) In these regulations,
engineered stone —(a) is an artificial product that —
(i) contains 1% or more crystalline silica, determined as a weight/weight (w/w) concentration; and
(ii) is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and
(iii) becomes hardened;
but
(b) does not include the following —
(i) concrete and cement products;
(ii) bricks, pavers and other similar blocks;
(iii) ceramic wall and floor tiles;
(iv) grout, mortar and render;
(v) plasterboard;
(vi) porcelain products;
(vii) sintered stone;
(viii) roof tiles.
(2) [not used]
(1A) In this regulation —
(a) is designed to prevent a person wearing the equipment from inhaling airborne contaminants; and
(b) complies with —
(i) AS/NZS 1716:2012 (Respiratory protective devices); and
(ii) AS/NZS 1715:2009 (Selection, use and maintenance of respiratory protective equipment).
Note for this definition:
Regulations 44–46 apply to the provision and use of personal protective equipment, including the respiratory protective equipment provided under subregulation (1)(c).
(1) In these regulations, work involving processing engineered stone, porcelain products or sintered stone is
controlled if —(a) control measures to eliminate or minimise risks arising from the processing of the stone or product are implemented so far as is reasonably practicable; and
(b) at least 1 of the following systems is used while the stone or product is processed —
(i) an effective water delivery system that supplies a continuous feed of water over the stone or product to suppress the generation of dust;
(ii) an effective on‑tool extraction system;
(iii) an effective local exhaust ventilation system;
and
(c) each person who is at risk from the processing of the stone or product —
(i) is provided with respiratory protective equipment; and
(ii) wears the respiratory protective equipment while the work is carried out.
Note for this subregulation:
See also regulation 351.
(2) [not used]
In these regulations,
A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, work that involves manufacturing, supplying, processing or installing engineered stone benchtops, panels or slabs.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
Under Part 11.2 Division 3A, work involving a type of engineered stone may be the subject of an exemption from this regulation.
Regulation 529D does not apply to work that involves supplying or installing engineered stone benchtops, panels or slabs if the work is —
(a) for genuine research and analysis; or
(b) to sample and identify engineered stone.
Regulation 529D does not apply to work that involves processing engineered stone benchtops, panels or slabs if the work —
(a) is carried out —
(i) for genuine research and analysis; or
(ii) to sample and identify engineered stone; or
(iii) to remove, repair or make minor modifications to installed engineered stone; or
(iv) to dispose of the engineered stone, whether it is installed or not;
and
(b) is controlled.
(1) This regulation applies if work that involves processing engineered stone benchtops, panels or slabs is carried out —
(a) to remove, repair or make minor modifications to installed engineered stone; or
(b) to dispose of the engineered stone, whether it is installed or not.
(2) Before the work is carried out, a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must give the regulator a written notice in the form approved by the regulator —
(a) stating the work being carried out; and
(b) describing the type of work being carried out; and
(c) stating the frequency and duration of the work; and
(d) stating the other information in relation to the work required by the approved form, if any.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) Subregulation (2) does not apply to a person conducting a business or undertaking if —
(a) the person conducting the business or undertaking does not know, and could not reasonably be expected to know, before the work is carried out that the work involves processing engineered stone benchtops, panels or slabs; and
(b) as soon as practicable after the person conducting the business or undertaking becomes aware that the work involves processing engineered stone benchtops, panels or slabs, the person gives the regulator a written notice under subregulation (2) in relation to the work.
(4) If the regulator receives a notice under subregulation (2) or (3), the regulator must give the person conducting the business or undertaking an acknowledgment of receipt of the notice.
(1) If the information given to the regulator in a written notice under this Part in relation to work changes (other than because the work is no longer being carried out), a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must, within the period ending 30 days after the day the change occurs, give the regulator a written notice —
(a) stating the information has changed; and
(b) describing the change to the information.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(2) If the regulator receives a notice under subregulation (1), the regulator must give the person conducting the business or undertaking an acknowledgment of receipt of the notice.
(1) This regulation applies if —
(a) a person conducting a business or undertaking gives a notice under this Part in relation to work; and
(b) a period of 12 months beginning on the day the last notice is given about the work ends; and
(c) the work is still being carried out.
(2) A person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, the work must, within the period of 30 days ending after the day the 12‑month period ends, give the regulator a written notice stating —
(a) the work is still being carried out; and
(b) any information given to the regulator that has changed.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(3) If the regulator receives a notice under subregulation (2), the regulator must give the person conducting the business or undertaking an acknowledgment of receipt of the notice.
A person conducting a business or undertaking who gives the regulator a notice under this Part must, for a period of 5 years beginning on the day the notice is given to the regulator —
(a) keep a copy of the notice; and
(b) ensure that a copy of the notice is readily accessible; and
(c) allow a person to access a copy of the notice upon request.
Penalty:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1) This regulation does not apply to engineered stone benchtops, panels and slabs.
(2) 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.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
A person conducting a business or undertaking must not process, or direct or allow a worker to process, porcelain products and sintered stone unless the processing is controlled.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
In regulation 676(1) in the Table after item 65 insert:
65A. | r. 689A(1) — Refusal to exempt a particular type of engineered stone from regulation 529D | Applicant |
Delete regulation 684(4) and insert:
(4) This regulation does not apply to an exemption from —
(a) a provision requiring a person to hold a high risk work licence; or
(b) [not used] (c) regulation 529D in relation to exempting a type of engineered stone from that regulation.
9. Part 11.2 Division 3A inserted
After Part 11.2 Division 3 insert:
(1) The regulator may exempt a type of engineered stone from regulation 529D.
(2) A person conducting a business or undertaking is exempt from compliance with regulation 529D if the work involves a type of engineered stone that is the subject of an exemption granted under —
(a) subregulation (1); or
(b) a corresponding WHS law that is equivalent to subregulation (1).
Note for this regulation:
A decision to refuse to grant an exemption is a reviewable decision (see regulation 676).
(1A) In this regulation —
(a) the 2 members of Safe Work Australia who represent the interests of workers in Australia; and
(b) the 2 members of Safe Work Australia who represent the interests of employers in Australia.
(1) A person with an interest in having an exemption granted under regulation 689A(1) may apply to the regulator for an exemption.
(2) However, before the person can apply under subregulation (1), the person must give each social partner SWA member —
(a) a written notice stating —
(i) the person intends to make the application; and
(ii) the social partner SWA member may give the person submissions for the regulator about the application within the reasonable period stated in the notice; and
(iii) the person must provide the social partner SWA member’s submissions to the regulator as part of the person’s application;
and
(b) a copy of the proposed application for the exemption.
(3) The person’s application must be —
(a) in writing; and
(b) accompanied by the written notice the person gives each social partner SWA member under subregulation (2); and
(c) accompanied by any submissions received by the person from social partner SWA members under subregulation (2).
(4) [not used]
(1A) In this regulation —
(a) a written notice stating —
(i) the regulator has received the application; and
(ii) the person receiving the notice may make submissions to the regulator about the application within the reasonable period set out in the notice;
and
(b) a copy of —
(i) the application; and
(ii) any submissions that the regulator receives in relation to the application under regulation 689B(3)(c).
(1) The regulator must give the application documents in relation to an application for an exemption under regulation 689A(1) to each corresponding regulator.
(2) The regulator may also give the application documents for an application for an exemption under regulation 689A(1) to —
(a) an employer organisation that includes employers who engage in work involving engineered stone; or
(b) a union representing employees whose work includes work involving engineered stone; or
(c) a person who has qualifications, knowledge, skills and experience relating to engineered stone.
(3) [not used]
(1) The regulator must not grant an exemption under regulation 689A(1) unless satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption.
(2) For the purposes of subregulation (1), the regulator must have regard to all relevant matters, including —
(a) any submissions received under regulation 689B(3)(c) or 689C; and
(b) whether the regulator is satisfied that, if the exemption were granted, the risk associated with the type of engineered stone that is the subject of the application would not be significant; and
(c) if Safe Work Australia publishes a document under regulation 689E — the relevant matters contained in the document.
(1) Safe Work Australia may issue a document setting out the matters to be considered when granting an exemption under this Division.
(2) Safe Work Australia must publish the document on the Safe Work Australia website.
Note for this subregulation:
See the Safe Work Australia website <
In regulation 692(b) delete “apply;” and insert:
apply, if applicable;
Delete regulations 694 and 695 and insert:
(1) The regulator must give a copy of the exemption document referred to in regulation 692 within 14 days after making the decision to grant the exemption to —
(a) if a person applied for the exemption — the applicant; or
(b) if the regulator granted the exemption on the regulator’s own initiative — each person (other than persons to whom regulation 695 applies) to whom the exemption will apply.
(2) If the regulator grants an exemption under regulation 689A(1), the regulator must notify each corresponding regulator that the exemption is granted.
(1) This regulation applies to an exemption that —
(a) relates to a class of persons; or
(b) is granted under regulation 689A(1).
(2) The regulator must publish a copy of the exemption on the WHS department’s website.
(3) If the regulator grants an exemption under regulation 689A(1), the regulator must publish on the WHS department’s website the reasons for the decision within 14 days after the day the exemption is granted.
Note for this subregulation:
The exemptions may also be viewed on the Safe Work Australia website <
In regulation 698(2) delete “persons,” and insert:
persons or is granted under regulation 689A(1),
Delete the heading to Part 11.5 and insert:
After regulation 733 insert:
Regulation 529D does not apply to work that involves engineered stone benchtops, panels or slabs if —
(a) the work is carried out before 1 July 2024; and
(b) for work that involves processing the stone — the work is controlled.
(1) Regulation 529D does not apply to work that involves installing engineered stone benchtops, panels or slabs if the work is carried out —
(a) under a contract originally entered into on or before 31 December 2023; and
(b) on or before 31 December 2024.
(2) Regulation 529D does not apply to work if —
(a) the work involves supplying or processing engineered stone benchtops, panels or slabs to be installed under a contract referred to in subregulation (1)(a); and
(b) the work occurs on or before 31 December 2024; and
(c) for work that involves processing the engineered stone — the processing is controlled.
(1) Regulation 529G(2) does not apply to a person conducting a business or undertaking carrying out, or directing or allowing a worker to carry out, work to which regulation 529G(1) applies if the work is carried out before 1 July 2024 and —
(a) the work is no longer being carried out on or after 1 July 2024; or
(b) the work is being carried out on or after 1 July 2024 and the person gives the regulator a written notice described in regulation 529G(2) in relation to the work —
(i) on or before 1 July 2024; or
(ii) as soon as practicable after 1 July 2024.
(2) A notice given under subregulation (1)(b) is taken, for the purposes of Part 8A.3, to be a notice given under regulation 529G(2).
(1) In regulation 5 delete the definitions of:
(2) In regulation 5 insert in alphabetical order:
(3) In regulation 5 in the definition of
engineered stone delete “regulation 529A(1);” and insert:
regulation 529A(4);
Delete the heading to Chapter 8A and insert:
Delete regulations 529A to 529C and insert:
(1) In these regulations —
(a) the use of power tools or mechanical plant to carry out an activity involving the crushing, cutting, grinding, trimming, sanding, abrasive polishing or drilling of a CSS; or
(b) the use of roadheaders to excavate material that is a CSS; or
(c) the quarrying of a material that is a CSS; or
(d) mechanical screening involving a material that is a CSS; or
(e) tunnelling through a material that is a CSS; or
(f) a process that exposes, or is reasonably likely to expose, a person to respirable crystalline silica during the manufacture or handling of a CSS.
(2) In these regulations —
Note for this definition:
Engineered stone is a type of CSS.
(3) In these regulations —
(a) means crystalline polymorphs of silica; and
(b) includes the following substances —
(i) cristobalite;
(ii) quartz;
(iii) tridymite;
(iv) Tripoli.
(4) In these regulations —
(a) means a CSS that —
(i) is an artificial product; and
(ii) is created by combining natural stone materials with other chemical constituents such as water, resins or pigments; and
(iii) becomes hardened;
but
(b) does not include the following —
(i) concrete and cement products;
(ii) bricks, pavers and other similar blocks;
(iii) ceramic wall and floor tiles;
(iv) grout, mortar and render;
(v) plasterboard;
(vi) porcelain products;
(vii) sintered stone;
(viii) roof tiles.
(1A) In this regulation —
(a) is designed to prevent a person wearing the equipment from inhaling airborne contaminants; and
(b) complies with —
(i) AS/NZS 1716:2012 (Respiratory protective devices); and
(ii) AS/NZS 1715:2009 (Selection, use and maintenance of respiratory protective equipment).
(1) In these regulations, the processing of a CSS is
controlled if —(a) control measures to eliminate or minimise risks arising from the processing are implemented so far as is reasonably practicable; and
(b) at least 1 of the following measures is used during the processing —
(i) the isolation of a person from dust exposure;
(ii) a fully enclosed operator cabin fitted with a high efficiency air filtration system;
(iii) an effective wet dust suppression method;
(iv) an effective on‑tool extraction system;
(v) an effective local exhaust ventilation system;
and
(c) a person still at risk of being exposed to respirable crystalline silica after 1 or more of the measures in paragraph (b) are used —
(i) is provided with respiratory protective equipment; and
(ii) wears the respiratory protective equipment while the work is carried out.
Note for this subregulation:
See also regulation 351.
(2) Despite subregulation (1), if the measures in subregulation (1)(b) are not reasonably practicable, the processing of a CSS is
controlled if a person who is at risk of being exposed to respirable crystalline silica during the processing —(a) is provided with respiratory protective equipment; and
(b) wears the respiratory protective equipment while the work is carried out.
(3) [not used]
Note for this regulation:
Regulations 44, 45 and 46 apply to the provision and use of personal protective equipment, including the respiratory protective equipment provided under subregulations (1)(c) and (2).
A person conducting a business or undertaking must not carry out, or direct or allow a worker to carry out, processing of a CSS unless the processing is controlled.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Note for this regulation:
Regulations 529D and 529F apply to the processing of engineered stone.
(1) A person conducting a business or undertaking at a workplace must assess the processing of a CSS carried out by the business or undertaking at the workplace to determine if the processing is high risk.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) In assessing whether the processing of a CSS is high risk, the person must have regard to the following —
(a) the specific processing that will be undertaken;
(b) the form or forms of crystalline silica present in the CSS;
(c) the proportion of crystalline silica contained in the CSS, determined as a weight/weight (w/w) concentration;
(d) the hazards associated with the work, including the likely frequency and duration that a person will be exposed to respirable crystalline silica;
(e) whether the airborne concentration of respirable crystalline silica that is present at the workplace is reasonably likely to exceed half the workplace exposure standard;
(f) any relevant air and health monitoring results previously undertaken at the workplace;
(g) any previous incidents, illnesses or diseases associated with exposure to respirable crystalline silica at the workplace.
(3) In assessing whether the processing of a CSS is high risk, the person must not —
(a) rely on the control measures implemented under regulation 529B(1)(b); and
(b) have regard to the use of personal protective equipment and administrative controls used to control the risks associated with respirable crystalline silica.
(4) The person must ensure that a risk assessment conducted under subregulation (1) is recorded in writing.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(5) If a person conducting a business or undertaking is unable to determine whether the processing of a CSS carried out at the workplace is high risk, the processing is taken to be high risk until the person determines that the processing is not high risk.
(1) A person conducting a business or undertaking carrying out the processing of a CSS that is high risk must, before the processing commences, ensure that a silica risk control plan for the processing —
(a) is prepared; or
(b) has already been prepared by another person.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) A silica risk control plan must —
(a) identify all the processing of a CSS carried out at the workplace that is high risk; and
(b) include the risk assessment undertaken under regulation 529CA for all processing of a CSS that is high risk; and
(c) document what control measures will be used to control the risks associated with the processing that is high risk and how those measures will be implemented, monitored and reviewed; and
(d) be set out and expressed in a way that is readily accessible and understandable to persons who use it.
(3) A silica risk control plan is not required to be prepared before the processing of a CSS that is high risk if —
(a) the processing that is high risk is also high risk construction work; and
(b) a safe work method statement is prepared, or has already been prepared by another person, before the processing commences; and
(c) the safe work method statement satisfies the requirements in subregulation (2).
(1) A person conducting a business or undertaking carrying out the processing of a CSS that is high risk must put in place arrangements for ensuring that the processing is carried out in accordance with the silica risk control plan, including by ensuring that the silica risk control plan is —
(a) available to all workers; and
(b) provided to all workers before they commence the processing.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) If the processing of a CSS that is high risk is not carried out in accordance with the silica risk control plan that applies to the processing, the person must ensure that the processing —
(a) is stopped immediately or as soon as it is safe to do so; and
(b) resumed only in accordance with the silica risk control plan.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(3) A person conducting a business or undertaking must ensure that a silica risk control plan is reviewed and as necessary revised if relevant control measures are revised under regulation 38.
Penalty for this subregulation:
(a) for an individual, a fine of $4 200;
(b) for a body corporate, a fine of $21 000.
(1A) In this regulation —
(a) the health risks associated with exposure to respirable crystalline silica;
(b) the need for, and proper use of, any risk control measures required by these regulations.
(1) A person conducting a business or undertaking must ensure that a worker receives crystalline silica training if the person reasonably believes that the worker may be —
(a) involved in the processing of a CSS that is high risk; or
(b) be at risk of exposure to respirable crystalline silica because of the processing of a CSS that is high risk.
Penalty for this subregulation:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
(2) The person must ensure that a record is kept of the training undertaken by the worker —
(a) while the worker is carrying out the processing of a CSS that is high risk; and
(b) for 5 years after the day the worker ceases working for the person.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(3) The person must keep the record available for inspection under the Act.
Penalty for this subregulation:
(a) for an individual, a fine of $1 450;
(b) for a body corporate, a fine of $7 000.
(4) [not used]
Note for this regulation:
Part 3.2 Division 1 also applies to a person conducting a business or undertaking involving the processing of a CSS.
A person conducting a business or undertaking that is carrying out, or directing or allowing a worker to carry out, the processing of a CSS that is high risk must —
(a) undertake air monitoring for respirable crystalline silica in accordance with regulation 50; and
(b) provide air monitoring results to the regulator, in a form approved by the regulator, if the airborne concentration of respirable crystalline silica has exceeded the workplace exposure standard as soon as reasonably practicable and no more than 14 days from the date that the air monitoring result was reported to the person conducting the business or undertaking; and
(c) provide health monitoring for all workers carrying out the processing of a CSS that is high risk in accordance with Part 7.1 Division 6.
Penalty:
(a) for an individual, a fine of $7 000;
(b) for a body corporate, a fine of $35 000.
Delete Parts 8A.4 and 8A.5.
K. COLLERAN, Clerk of the Executive Council
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