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NSW Implements Practical Exemption to Engineered Stone Ban

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New South Wales has taken a measured approach to its engineered stone ban by introducing a carefully crafted exemption that balances worker safety with practical industry needs. The exemption, announced in May 2025, permits the removal and reinstallation of existing engineered stone benchtops, panels, or slabs specifically for repairs or minor modifications, addressing a significant concern raised by tradespersons and contractors since the ban’s implementation.

The original engineered stone ban was introduced as a direct response to the alarming rates of silicosis among workers exposed to respirable crystalline silica dust during cutting, grinding, and polishing operations. Silicosis, an incurable lung disease, has affected hundreds of Australian workers, with many cases proving fatal. The NSW Government’s decisive action to ban engineered stone products was hailed as a crucial step in protecting worker health, but it also created practical challenges for maintenance and repair work on existing installations.

Under the new exemption framework, qualified tradespersons can now legally work with existing engineered stone installations, provided they adhere to strict safety protocols designed to minimise silica exposure. These protocols include mandatory use of wet cutting techniques, high-efficiency particulate air (HEPA) filtration systems, and comprehensive personal protective equipment (PPE) requirements. Workers must also undergo specific training on silica hazard recognition and safe work practices before undertaking any exempted work.

The exemption specifically covers scenarios where complete replacement would be impractical or disproportionately expensive, such as minor repairs to existing kitchen benchtops, bathroom vanities, or commercial installations. However, it explicitly excludes new installations or major renovations where alternative materials could reasonably be used instead.

Industry associations have welcomed this pragmatic approach, noting that it addresses real-world situations while maintaining the ban’s core protective intent. The exemption recognises that there are legitimate situations where working with existing engineered stone is necessary, provided workers have the proper training, equipment, and procedures to do this work safely. The key focus remains on ensuring comprehensive protection protocols are followed.

The exemption also includes robust compliance and monitoring requirements. Employers must maintain detailed records of all exempted work, including worker health monitoring, air quality measurements, and equipment maintenance logs. SafeWork NSW inspectors have been granted enhanced powers to audit these activities and ensure compliance with the safety protocols.

Training providers across NSW have quickly adapted their programs to address the exemption requirements, developing specialised courses that cover both the technical aspects of safe silica management and the legal obligations under the exemption framework. These programs emphasise that the exemption is not a return to previous practices but rather a carefully controlled approach to managing unavoidable exposures.

The exemption represents a broader trend in Australian workplace safety regulation toward evidence-based, proportionate responses that protect worker health while acknowledging practical industry realities. As other states monitor NSW’s approach, this exemption model may influence similar frameworks across Australia.

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