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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Other OHS politics you might have missed

November 2022 was a very busy month of politics (and a football World Cup) which distracted many of us from our usual monitoring of OHS announcements. Below is a summary of some of those from the last couple of weeks.

The South Australian Parliament has sent its Work Health and Safety (Crystalline Silica Dust) Amendment Bill to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for inquiry and report.

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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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Silicosis risk controls exempted for the moment

In 2019, Dr Graeme Edwards said this of the cutters of engineered stone:

“We can’t just rely on the industry to self-regulate. We need to licence the industry and we need to regulate the product….. If we can’t do this, [banning] is a realistic option.”

Recent research commissioned by the Australian Council of Trade Unions (ACTU) and conducted by Curtin University seems to support a ban on the import of engineered stone products with such a high level of silica that cutting them, without suitable controls, can lead to silicosis.

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The OHS agenda of the Australian Labor Party

Given that the protection of worker health and safety will gain more attention and support under progressive parties and governments, the release of the 2021 National Platform for the Australian Labor Party (ALP) is notable. The 2021 document, unsurprisingly, focuses on the role of Health and Safety Representatives, appealing to its financial and political trade union base as major influencers on occupational health and safety (OHS).

This article will focus on the chapters in both the 2021 and 2018 platform documents related to safe and healthy workplaces, although there are OHS-related issues dotted throughout both documents.

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OHS data still in short supply

The Peter Sandman quote concerning delivery people and infections that appeared in an earlier SafetyAtWorkBlog article highlighted an issue from 2005 that was taken up in Senator Tony Sheldon‘s questioning of the head of Safe Work Australia, Michelle Baxter, in Senate Estimates on March 4 2020. Sheldon has challenged SWA in earlier committee meetings but his confidence is increasing as he covered more issues than delivery workers and coronavirus.

Michelle Baxter was also questioned on the provision of OHS guidance in languages other than English, silicosis data and the banning of engineered stone.

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