Prohibition on use of engineered stone
On 13 December 2023, Work Health and Safety (WHS) ministers representing the Commonwealth, states and territories unanimously agreed to a recommendation by Safe Work Australia to prohibit the use of engineered stone to protect thousands of workers from respirable crystalline silica (silica dust). The prohibition will ban a person conducting a business or undertaking from carrying out work, or directing or allowing a worker to carry out work, on or with engineered stone. This includes manufacturing, supplying, processing and installing engineered stone.
In the majority of jurisdictions the prohibition will commence from 1 July 2024. To support the prohibition, Safe Work Australia will amend the model WHS Regulations to prohibit the use of engineered stone, with the exception of engineered stone installed prior to the prohibition. Each jurisdiction will then need to implement the amendments to their jurisdictional WHS Regulations for the prohibition to apply. A national framework will be developed to ensure anyone working with engineered stone products installed prior to the prohibition is doing so safely.
What is Silica and where is it used?
Crystalline silica is a mineral compound found in soil, rock and sand. It is used in a variety of products including, engineered stone, manufactured timber, drywall and some plasterboards, bricks, grout, mortar, render, tiles, and some plastics. Engineered or artificial stone has been an affordable alternative to natural materials like granite and marble used to fabricate kitchen and bathroom benchtops. Engineered stone became particularly popular in the early 2000’s and has been the predominate driver in crystalline silica related health issues.
Different types of rock and rock products can contain different amounts of crystalline silica, for example:
| Type | Amount of crystalline silica (%) |
| Marble | 2 |
| Limestone | 2 |
| Slate | 25 to 40 |
| Shale | 22 |
| Granite | 20 to 45 (typically 30) |
| Natural sandstone | 70 to 95 |
| Engineered stone | Up to 97 |
| Aggregates, mortar and concrete | various |
Source: https://www.safeworkaustralia.gov.au/safety-topic/hazards/crystalline-silica-and-silicosis
What causes Silicosis?
When workers cut, crush, drill, polish, saw or grind products that contain crystalline silica, small particles are generated called silica dust. This is when crystalline silica is most dangerous to a person. The silica dust becomes airborne and is then inhaled by a person. Once inside the lungs, silica dust can damage and scar the lungs resulting in a number of health issues, serious illness or disease including silicosis.
Silicosis can be caused by inhalation of silica dust over a long exposure period or by working with products containing a high concentration of silica even where the exposure to silica dust is for a relatively short period. Exposure is not limited to workers. It includes any third party that is exposed to silica dust . Occupational exposure to respirable crystalline silica (RCS) occurs in many workplaces and industries, including construction, mining and quarrying, and manufacturing.
Silicosis in Australia
The number of known silicosis cases in Australia has risen substantially in recent years, with a disproportionate number of diagnoses in engineered stone workers. A significant proportion of workers who have already been exposed to silica have not yet developed silicosis but are at an increased risk of developing silicosis in the future. A report by the Curtin University commissioned by the Australian Council of Trade Unions (ACTU) in 2022 identified that at the time of modelling more than 10,000 Australians will develop lung cancer and up to 103,000 workers will be diagnosed with silicosis as the result of their current exposure to silica dust at work. The report estimated more than half a million Australian workers are currently exposed to silica dust across various industries.
Developing Claims Experience
Despite the ban on engineered stone from 1 July 2024, workers and third parties will still be exposed to silica across construction, mining and quarrying, and manufacturing sectors. General Liability (Public and Products Liability) Policies and Workers Compensation schemes will be most affected by the development of silicosis claims for income support, medical and rehabilitation expenses, and common law damages where fault or negligence of an employer or another party (i.e. manufacturer) is established.
Silicosis can take years to develop, with potential for a long delay from the time of exposure to the time of a claim. This potential latent claims exposure requires the insurance industry to continue to carefully consider pricing and coverage on an ongoing basis.
Berkley Re Australia continue to review the claims profile for this sector and closely monitor any development in trends.
Silicosis cases in the Australian engineered stone industry as of May 2022:
| Jurisdiction | Number of silicosis cases |
| Queensland | 238 |
| Victoria | 175 |
| New South Wales | 121 |
| Western Australia | 24 |
| South Australia | 18 |
| Tasmania | 3 |
| Northern Territory | No publicly available data |
| Australian Capital Territory | No publicly available data |
Source: Lung Foundation – National Silicosis Prevention Strategy 2023-2028 and accompanying National Action Plan (February 2023)
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