Engineered stone and deadly silica risks seem here to stay

So Australia did not ban the importation of engineered stone. The Heads of Workplace Safety Authorities (HWSA) have issued a Communique and a joint media release outlining their decision. It’s a political slap in the face to the trade unions who went hard on the ban.

Many organisations supported the call to ban the importation and use of engineered stone due to the unacceptable risk associated with cutting the product. Many were strident in need for the ban. Even the Federal Minister for Workplace Relations, Tony Burke, was talking tough on the morning of the critical meeting of the Heads of Workplace Safety Authorities. So what went wrong?

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Silicosis campaign is about safety but is also about politics

The calls for banning engineered stone‘s importation are curious and likely to be acted on later this week.

Politicians, unions and some OHS associations have undertaken a risk assessment and determined that elimination is the most effective harm prevention strategy. Previous risk assessments of silicosis have been reported on in this blog for some time without banning the material. The risks have not changed even with increased inspection and enforcement. So what has changed? Politics.

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When a ban is an understandable stunt

Australia has yet to offer a good reason for hazardous engineered stone products not being banned from import and use. On November 23 2022, Australia’s most influential construction union, the CFMEU, stated that it would ban these products from mid-2024 if the Federal Government does not. Trade unions no longer have the level of influence or numbers to achieve these sorts of bans. As with asbestos many years ago, such campaigns risk taking more credit for the potential occupational safety and health reforms than they deserve.

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A workplace injury could include adverse effects on physical, mental or cognitive conditions.

I recently refreshed my Lead Auditor in OHS training – the first time since Australia updated its Occupational Health and Safety Management Systems Standard to ISO45001. It was challenging on some issues but generic on others. Due to the recent heightened awareness of psychosocial hazards in the workplace, I was watching for how this hazard would be addressed. Still, I became stuck on the inclusion of “cognitive condition” in the definition of “injury and ill health”.

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Mixed OHS messages from business groups on COVID-19

COVID-19 and its variants persist as real risks in Australian workplaces, but employers want workers to continue to return to workplaces. Most of these workplaces have not been redesigned to increase ventilation. Most persist with long desks of multiple users in open-plan arrangements, although some continue with almost continuous cleaning regimes. Employers can argue that they are following public health guidelines (or their absence), but the occupational health and safety (OHS) risks still need managing.

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A new workplace hazard – Long Covid

The policy impacts of COVID-19 were missing from the recently concluded federal election campaign in Australia, but the coronavirus persists and continues to kill. Other than the issue of mandatory vaccinations, the occupational health and safety (OHS) context, outside of the health and emergency services sectors, has not been addressed since the initial SafeWork Australia guidance in March 2020.

The European Agency for Safety and Health at Work recently released a discussion paper on the “Impact of Long Covid on Workers and Workplaces and the Role of OSH”.

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COVID vaccination concerns exist in workplaces too

Recently NSCA Foundation conducted an online seminar on mandatory vaccinations. As happens with many online seminars, this one became more of a lecture because there was insufficient time allocated to answer the questions from the audience. The online seminar was in three sections – Occupational Health and Safety (OHS), Industrial Relations (IR) and Privacy. The information from Sparke Helmore lawyers was fine and current, but the questions from the audience provide an interesting insight on some of the main COVID vaccine challenges facing employers.

The seminar started with a useful poll. Below are the questions and results:

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