PCBUs must notify of particular processing of legacy engineered stone to SafeWork SA.

A notification is required for work on previously installed engineered stone that involves:

• Removal
• Repair
• Minor modification or
• Disposal.

Additionally, any work with previously installed engineered stone must be controlled.

You must complete this form to notify SafeWork SA of legacy work with engineered stone

I-Apply Notification form (external site)

The notification form will require the following information:

• The type of work being carried out:
  • Repair
  • Minor modification
  • Removal or
  • Disposal.
• A description of the work (for example, repairing kitchen benchtops); and
• The frequency and duration of the work to be conducted.

The notification may be relied on for up to 12 months.

A PCBU must do their best to anticipate the expected work in the upcoming 12 months, rather than notify for every task or project undertaken.

A PCBU must notify SafeWork SA before any permitted work with legacy engineered stone is carried out.

If a PCBU carries out work that they do not know was permitted work with legacy engineered stone (for example, due to misidentifying the engineered stone as another type of product), the PCBU must notify SafeWork SA as soon as practicable after becoming aware of the nature of the work.

PCBUs must keep their notification form for a period of 5 years.

Failure to notify will constitute an offence.

When does a PCBU need to notify the WHS regulator of their plan to process legacy engineered stone? – Flowchart (external site)

A PCBU must re-notify SafeWork SA within 30 calendar days when the following occurs:

• The PCBU becomes aware of a change to the information provided in the previous notification (for example, an increase or decrease in the frequency and/or duration of the work).
• The 12 month anniversary of the most recent notification made to SafeWork SA.

Re-notification is not required once the PCBU has ceased working with engineered stone.

The WHS Regulations allow a WHS regulator to exempt a type of engineered stone from the prohibition.

A person may make an application to SafeWork SA to request that a type of engineered stone be exempted from the prohibition. However, prior to lodging an application with SafeWork SA, a number of steps must be completed by the applicant.

Further links:

• National Exemption Framework guide for applicants (external site)
• Exemption from the engineered stone ban – Flowchart (external site)

An application must include statements, claims and supporting evidence that demonstrates if the exemption were granted, it would result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption. This must include information or evidence:

• About the intended use of the type of engineered stone
• That the risks associated with the type of engineered stone that is the subject of the application would not be significant, including information about any relevant control measures for processing the type of engineered stone safely, and
• Addressing the Engineered Stone Prohibition common decision-making criteria published by Safe Work Australia, which includes:
  • Sufficient evidence that will allow the subject of an exemption application to be distinguished from engineered stone covered by the prohibition
  • Compelling evidence the product can be worked with safely, including any reasonably practicable control measures to mitigate safety concerns; and
  • Exceptional circumstances, such as a change in technology or composition which is proven to reduce the health risks to workers when processing the product.

Once the application paperwork has been compiled and before making an application to SafeWork SA for exemption, the applicant must consult with the Safe Work Australia social partners. This includes:

• The two members that represent the interests of workers; and
• The two members that represent the interests of employers.

The applicant must provide a copy of their proposed application, along with a written notice to each social partner:

• Stating that they intend to apply to SafeWork SA for an exemption
• Inviting the social partner to make a submission for SafeWork SA (within a reasonable timeframe); and
• Informing the social partner that the submission must be provided to SafeWork SA as part of the application.

When making an application to SafeWork SA, a person must:

• Apply through the following link:

I-Apply Exemption form (external site)

• Provide the written notice that was provided to each of the social partners; and
• Provide any submissions made to the applicant by the social partners.

An exemption will only be granted if SafeWork SA is satisfied that granting the exemption will result in a standard of health and safety that is at least equivalent to the standard that would have been achieved without that exemption.

If an exemption is granted, a PCBU will be exempt from compliance with the engineered stone prohibition if the PCBU carries out work involving the type of engineered stone that has been exempted.

Note: The exemption applies to a type of engineered stone. Once a type of engineered stone is exempted, any PCBU will be able to work with that type of engineered stone so long as they can satisfy any conditions imposed on the exemption.

An exemption granted by SafeWork SA, will also apply in all corresponding jurisdictions.

Do I have to dispose of unused engineered stone benchtops, slabs or panels I have at home?