From 1 September 2024, the Work Health and Safety Amendment (Crystalline Silica Substances) Regulation 2024 (Amendment Regulation) makes amendments to the Work Health and Safety Regulation 2017 to provide for stronger regulation of the processing of materials containing crystalline silica across all industries, particularly in relation to processing that is assessed as high risk.
The Amendment Regulation gives effect to the Work Health and Safety Ministers’ decision on 28 February 2023 for PCBUs undertaking a high-risk crystalline silica process to:
- provide instruction, information and training to workers about the health risks associated with exposure to respirable crystalline silica, the need for appropriate controls and the application of controls
- develop a silica risk control plan based on the outcomes of a risk assessment
- undertake air monitoring and provide results to the WHS regulator where they indicate the airborne concentration of respirable crystalline silica in the workplace exceeds the workplace exposure standards, and
- provide health monitoring for workers.
The Amendment Regulation also defines the terms ‘processing’ and ‘controlled processing’ in relation to a crystalline silica substance and prohibits PCBUs from carrying out, directing, or allowing a worker to carry out or process a crystalline silica substance unless the processing is controlled.