[+] ‘This Killer Stone’: States Call for National Ban Grows Louder

With the South Australian and Western Australian governments now on board a ban on engineered stone, it seems it is only a matter of time before a national ban becomes a reality. This week those two states joined other state governments in pledging to implement a ban on using, making or importing engineered stone if the federal government does not impose a national ban. For workers, a ban will mean the end to the risk the material poses—deaths from silicosis. It may also mean increased cost pressures due to more expensive alternatives. Hard facts about manufactured stone Engineered stone is a manufactured product composed of crushed stone that is bound together by an adhesive to look like a stone slab. It is a cheaper than natural stone slabs, marble or similar products as it can be manufactured at a lower cost than the cost of quarrying and transporting the real thing. But the crushed stone can contain silica dust—if that is inhaled by workers making, transporting or installing the product can cause silicosis. Silicosis is a lung disease expected to disappear when mining and quarrying work began to be handled more safely thanks to technology but made a resurgence among Australian tradespeople and associated workers. It is also a proclaimed disease, so workers and their dependents are entitled to claim compensation without proof that work contributed to the disease. In October, 2023, the Lung Foundation Australia estimated that nationally nearly 600,000 Australian workers, including stonemasons, are exposed to silica dust. It also predicted that silica dust exposure would cause more than 10,000 new lung cancer cases and up to 100,000 silicosis cases. ▲ Western Australian premier Roger Cook has announced his state will join the call for a national ban on the use and importation of engineered stone. “There is no safe level of exposure to silica dust and this insidious disease, which has no cure, is going to affect thousands of people during the next few years,” Lung Foundation Australia’s senior manager, Elizabeth Early, says. “The latest Australian research shows one in four stonemasons will develop this debilitating, often fatal and completely preventable disease, and its resurgence is directly related to the popularity of engineered stone, a fashion product.” There is also a concern that not all workers understand the risks of contracting silicosis. “Our research shows almost 40 per cent of Aussie tradies do not think silica dust exposure is a serious concern to their health, and one in two do not know there is no safe level of silica dust exposure,” Early says. The call for a ban The campaign for a ban has had support from all across the construction and property industry including the industry’s union, the CFMEU. During the past year it has led protests in several states on the issue. It said action was needed by federal, and state and territory governments. “I’d hate to see any federal, state or territory government abrogate responsibility on engineered stone,” CFMEU national secretary Zach Smith says. “It’s simply not true to say the power to ban engineered stone solely rests with the states. “Banning killer stone from entering the country is 100 per cent a federal responsibility.” The federal government is able to ban engineered stone imports and pass work health and safety laws to guide states and territories. State and territory governments can ban the product by directly changing their work health and safety legislation. So far Victoria, South Australia, New South Wales, Queensland, Tasmania and Western Australia have committed to banning engineered stone if the federal government does not implement that national ban. Smith likens the situation to the asbestos issue. “Border Force’s list of prohibited goods has asbestos on it, so why doesn’t the federal government put engineered stone on it too?” Smith asks. ▲ Former Victorian premier Daniel Andrews announced new regulations around uncontrolled dry cutting of engineered stone in Victoria in 2019. In August this year, Safe Work Australia released its report, Decision Regulation Impact Statement: Prohibition on the use of engineered stone, with recommendations to the federal, state and territory work health and safety ministers for banning engineered stone use. The report’s process included consultation, independent economic analysis and experts reviewing evidence. “This report is a vital piece of work which has highlighted how widespread, dangerous and under-diagnosed the issue of silicosis is in Australia,” Early says. “The focus must now be on commencing an importation ban on the use of engineered stone products, and ensuring there is nationally consistent legislation for the monitoring and health surveillance of workers exposed to silica dust across all affected industries.” The law today Some changes are already in effect. The Labor government under Daniel Andrews in September, 2019 introduced new regulations in Victoria preventing the uncontrolled dry cutting of engineered stone. It placed the responsibility for ensuring that on-tool water suppression or dust extraction devices and respiratory protection was in place on the employers. The hope was that it would significantly reduce workers’ exposure to the crystalline silica dust and reduce the chance of silicosis. Andrews’ announcement also included free health screenings for Victoria’s 1400 stonemasons and an inspection blitz to ensure high-risk workplaces were compliant. The Queensland government implemented a code of practice for the engineered stone industry in 2019 and a code of practice for silica in the construction industry in May. It also created a Dust Lung Disease register, allocated $5 million for dust lung research, screened more than 1000 workers and audited all known engineered stone benchtop fabricators. Estimated costs per prohibition option per group Criterion Option 1 (millions) Option 2 (millions) Option 3 (millions) Cost to businesses $139.9 $133.0 $137.1 Cost to government $108.2 $107.5 $111.1 Costs to workers $3.1 $0.0 $1.5 Total $251.1 $240.5 $249.7 Source: Decision Regulation Impact Statement: Prohibition on the use of engineered stone, Safe Work Australia, 2023. When Western Australia’s Cook government announced it would back the ban it also included that WorkSafe WA was reporting 48 cases of silicosis since 2018 in WA—43 of them were workers in the engineered stone industry. “The rate of silicosis, a serious and potentially fatal disease, in WA is unacceptable,” the state industrial relations minister Bill Johnston says. Meanwhile, major retailers such as Bunnings Warehouse and IKEA have announced plans to phase out sales of engineered stone products. Potential consequences However, there are concerns about the economic consequences of a ban on the property industry . Altus Group’s Australian construction material price outlook report for the third quarter of 2023 flagged that the ban could lead to cost increases. “Engineered or composite stone is considerably cheaper than natural alternatives, such as Corian, natural stone products, or marble,” the report says. “The consequence is, therefore, not a material price increase but a specification change which will lead to large cost increases.” Safe Work Australia in its August report proposed three options: A complete ban on all engineered stone, a ban on all engineered stone with more than 40 per cent silica or a ban on all engineered stone with more than 40 per cent silica but with a licensing framework for anything with less than 40 per cent silica. Estimating the value of a human life at $4.9 million, it estimated that only 40 to 50 cases of silicosis would need to be prevented to offset the cost of each option. It ultimately recommended that the best option was a complete ban on engineered stone. “The only way to ensure that another generation of Australian workers do not contract silicosis from such work is to prohibit its use, regardless of its silica content,” the Safe Work Australia report says. “The cost to industry, while real and relevant, cannot outweigh the significant costs to Australian workers, their families and the broader community that result from exposure to RCS [respirable crystalline silica] from engineered stone.” If a complete ban were implemented then, as with asbestos, there would be some exceptions granted for when previously installed engineered stone needed to be removed or maintained. ▲ The use of natural alternatives, such as marble, will mean a cost increase. Safe Work Australia also estimates there were 750 to 1250 businesses manufacturing engineered stone and 179,750 working with legacy engineered stone products in some capacity. That would mean not only job losses and possible retraining for workers due to a ban but also income loss for businesses. However, the report also stated that it would mean businesses would avoid compensation claims. Estimated costs for businesses were $139.9 million during the appraisal period for the first option, $133 million for the second option and $137.1 million for the third. Those costs for workers were $3.1 million, no costs and $1.5 million respectively, while for the government the estimated costs were $108.2 million, $107.5 million and $111.1 million respectively. For those businesses specifically manufacturing engineered stone, it was estimated that during a 10-year appraisal period, there would be a total loss of $6.9 million. But of the businesses that contributed to the consultation report, 95 per cent indicated that they would be able to easily swap to natural stone options. What happens next may be revealed as early at this month, when the nation’s Work Health and Safety ministers are due to meet. You are currently experiencing The Urban Developer Plus (TUD+), our premium membership for property professionals. Click here to learn more.

[+] ‘This Killer Stone’: States Call for National Ban Grows Louder

Hard facts about manufactured stone

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